WRIGHT— POWER TO MAKE POLITICAL DECISIONS. 351 



armies, the development of a navy and the building of fortifications 

 within its territory, are of very direct interest to foreign nations. 

 Yet, except so far as regulated by treaties, they are considered 

 domestic questions. 



Arbitration treaties have often excepted questions affecting na- 

 tional " independence " from compulsory submission and the League 

 of Nations Covenant (Art. XV) recognizes that disputes between 

 nations may " arise out of a matter which by international law is 

 solely within the domestic jurisdiction " of one party, and in such 

 disputes the Council of the League is incompetent to make a recom- 

 mendation. The United States Supreme Court has similarly recog- 

 nized certain questions undoubtedly interesting to foreign nations 

 as within the " independence " of the nation.^ 



" That the government of the United States, through the action of the 

 legislative department, can exclude aliens from its territory is a proposition 

 which we do not think open to controversy. Jurisdiction over its own terri- 

 tory to that extent is an incident of every independent nation. It is a part 

 of its independence." 



Writers on international law have usually drawn the line be- 

 tween foreign affairs and domestic affairs according to the line of 

 territorial jurisdiction.^ 



" It being a necessary result of independence that the will of the state 

 shall be exclusive over its territory, it also asserts authority as a general rule 

 over all persons and things, and decides what acts shall or shall' not be done 

 within its dominion. It consequently exercises jurisdiction there, not only 

 with respect to the members of its own community and their property, but 

 with respect to foreign persons and property." 



Although in practice states are responsible for many events which 

 occur or acts which take effect entirely within their borders,^ yet 

 territorial autonomy is generally recognized by international law 

 and we will confine attention to those political decisions directly 

 affecting matters beyond national boundaries. 



190. State Pozver to Make Political Decisions in Foreign Affairs. 

 The states have been deprived of almost all power to make polit- 

 ical decisions in foreign affairs. Their war power is confined to the 



1 The Chinese Exclusion Case, 130 U. S. 581 (1889). 



2 Hall, Int. Law, p. 49. 

 ^ Supra, sec. 89. 



