262 WRIGHT— POWER TO MEET RESPONSIBILITIES. 



or prosecution is pending, any right secured to him by any law providing 

 for the equal civil rights ... of all persons within the jurisdiction of the 

 United States.'" ^2 



Finally, any person who can show a federal court under habeas 

 corpus that he is entitled to immunity under international law or 

 treaty may be released from the state court. ^^ 



io6. Courts Apply International Lazv and Treaties as Part of the 

 Law of the Land. 



The courts regard international law as part of the law of the 

 land and apply it in suitable cases. 



" International law," said Justice Gray, " is a part of our law, and 

 must be ascertained and administered by the courts of justice of appropriate 

 jurisdiction, as often as questions of right depending upon it are duly pre- 

 .sented for their determination. For this purpose, where there is no treaty, 

 .and no controlling executive or legislative act or judicial decision, resort 

 must be had to the customs and usages of civilized nations ; and, as evidence 

 ■of these, to the works of jurists and commentators, who, by years of 

 labor, research, and experience, have made themselves peculiarly well ac- 

 ■quainted with the subjects of which they treat. Such words are resorted to 

 ■by judicial tribunals, not for the speculations of their authors concerning 

 "what the law ought to be, but for trustworthy evidence of what the law 

 really is." ^^ 



This principle has been applied in admiralty and prize cases ; ^^ in 

 cases involving the immunities of sovereigns, diplomatic officers, 

 public vessels, military persons, consuls, etc. ; ^^ in cases involving 

 the limits of jurisdiction, especially in boundary rivers, bays, etc. ; ^^ 

 in cases involving the status of aliens and especially alien enemies ; ^^ 

 in cases involving the rights of persons in newly acquired terri- 

 tory ; ^^ and in cases involving the privileges and responsibilities of 



•^2 ijjid., sec. 31. 



53 Supra, note i. 



s*The Paquette Habana, 175 U. S. 677. See also Willoughby, op cit., 

 1014-1018. 



55 Ibid., and also The Nereide, 9 Cranch 388. 



56 The Exchange v. McFaddon, 7 Cranch 116; Underbill z'. Hernandez, 

 168 U. S. 250. 



57 The Appollon, 9 Wheat. 362. 



58 McVeigh v. U. S., 11 Wall. 259, 1870; Watts z'. Unione Austriaca de 

 Navigazione, 248 U. S. 9 (igiS). 



59 U. S. V. Percheman, 7 Pet. 51, 51; Villas z: City of Manila, 220 U. 

 'S. 345, 1911. 



