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! part in it, without looking upon their interference as a 

 violation of the law of nations. 



Suppose that the interior troubles of a state come 

 to an o|>en rupture between the sovereign and his sub- 

 , or jects, and that the whole nation, or part of it, should 

 ii. wish to drive him from the throne ; or suppose that a 

 province or territory, subjected to another state, refu- 

 ses obedience to it, and endeavours to render itself in- 

 dependent ; in either of these cases there are two points 

 which must be separated in determining on the conduct 

 that foreign powers ought to observe : Jirst, The con- 

 duct to be observed towards the old or new sovereign, 

 or towards the people who, after having revolted, have 

 declared themselves independent ; tccond, The ;. 

 ance to be given to either party. 



With respect to the first of these, a foreign nation, 

 not under any obligation to interfere, does not appear 

 to violate iu perfect obligations, nor to deviate from 

 the principles of neutrality, if, in adhering to the pos- 

 MMon (without examining into its legality) it treats 

 at sovereign him who is actually on the throne, and as 

 an independent nation, people who have declared, and 

 still maintain themselves independent. The opposite 

 party, however, never fails to complain of this conduct, 

 as long as he does not himself acknowledge, by treaty, 

 the validity of such possession or independence. 



As to the second point, namely, the assistance to be 

 given to either party, w hen once obedience has been for- 

 mally refuted, and the refusing party has entered into 

 the possession of the independence demanded, the dis- 

 pute become* similar to those which happen between 

 independent state* ; consequently, any foreign prince 

 has a right to lend assistance to the party whom he be- 

 lieve* has justice on his side, whether he be obliged so 

 to do by treaty or not ; provided, however, that he has 

 not promised to observe a strict neutrality. But as to 

 espouse an unjust cause is unlawful, and as it is impos- 

 sible that the opinions of the two parties should not 

 differ with respect to the justice of their cause, it is also 

 impossible that those against whom succours are di- 

 rected, should not consider such a step as a departure 

 from neutrality, and as an injury. In fact, whether we 

 peak of the passive conduct observed in such circum- 

 stances, or of the succours furnished by foreign powers, 

 it is state policy that commonly decides whether he 

 who fecit himself offended shall dissemble, or at most 

 complain of the injury, or whether he shall seek retali- 

 ation by violent means. 



When a nation acknowledges, expressly or tacitly, 

 the independence of the revolted state, or a prince re- 

 nounce* the throne he occupied, foreign powers have 

 no longer right to oppose the revolution, nor is even 

 their acknowledgment of its validity necessary. 



C'liu-. II. f if the different Righu of Sovereignty ke~ 

 longing to the internal Gorrrnmcni, in relation to Fo* 

 reign Potter i and their Sultjectt. 



1 . The sovereign has a right to forbid all foreigners 

 to pass through, or enter his dominions, whether by land 

 or sea, without express permission first obtained, even if 

 such passage or entry should not be prejudicial to the 

 Mate. Nuw-a-days, however, no power in Europe re- 

 fuses, in lime of peace, to grant such permission to the 

 subject* of another power ; nor is it even necessary for 

 such subject* to ask permission to enter a state and 

 bring thejr property into it. Thus then the liberty 

 i* entry and paaaage may be considered as generally 



established between the powers of Europe ; and it is La-w 

 particularly so among the states of the German empire. ofNatios. 

 But as this liberty ought not to become prejudicial to """Y"" 1 

 the state, every power has reserved to itself the right, 

 ,/Fr*/, To be informed of the name and quality of every 

 foreigner that arrives ; and to this end, passports taken 

 at the place from whence a foreigner comes ought to 

 be regarded as authentic, provided they have been 

 granted by persons having authority to grant them, 

 such as sovereigns, magistrates, or foreign ministers ; 

 second, Each state has a right to keep at a distance all 

 suspicious persons ; third, Each state has a right to for- 

 bid the entry of foreigners, or foreign merchandises of a 

 certain description, for a time or for ever, as circum- 

 stance may require ; fourth, The liberty of entry and 

 passage extends to individuals only. A number of 

 armed men, before they enter the territory of a foreign 

 state, must have an express permission from the sove- 

 reign. This takes place also with respect to vessels of 

 war entering a port to take shelter under the cannon of 

 a fortress, unless this permission has already been grant- 

 ed by treaty. 



2. The expences of government ought to be defray- Of the right 

 ed by all those who enjoy the protection of the state. of taxing 



' n rs 



the purpose, imposts must be raised. A foreigner, en- 



joying the protection of the state, cannot, while he re- while with. 



mains in it, expect to be entirely exempted from im- in the ter- 



posts. Besides, it may be made a condition of his ad- ritory. 



mission. He may even be loaded more heavily than vhe 



native subjects of the state, if no treaty between this 



state and his own specifies the contrary. Yet, as far 



as concerns personal imposts, it is customary not to ex- 



act them from foreigners till they have for some time 



been inhabitants of the state. Imposts on real estates, 



on the contrary, and duties on the entry and consump- 



tion of merchandises, ought to be paid indiscriminate- 



ly by foreigners as well as subjects, unless they can 



prove an exemption. Consequently the tolls that are 



imposed for the maintenance of institutions of public 



utility, such as turnpike-roads, canals, &c. are collected 



indiscriminately from those who profit from such insti- 



tutions. 



3. One of the most essential rights in the hands of the Of the ju- 

 sovereign, is the judiciary power. It extends indiscri- diciar y 

 minately to all who are in the territory, and the sove- po " 

 reign only is the source of it. But it must be remem. 

 bered Jirst, That there are persons whose exterritori- 

 ality exempts them from this jurisdiction, such as fo- 

 reign princes and their ministers, with their retinues ; 

 tccond. That the sovereign sometimes grants to foreign- 

 ers the privilege of being tried by their own judges, 

 under the name of consuls, or some other title. 



The tribunals of a state being intended to supersede 

 all acts of violence between individuals, foreigners, 

 even though they should not live in the territory, are 

 obliged to address themselves to these tribunals to ob- 

 tain justice against the subjects of the state ; and if 

 those against whom they proceed should be only tem- 

 porary subjects, they must nevertheless plead at the 

 same tribunals. But, on the other hand, the sovereign 

 is, to all intents and purposes, obliged to administer 

 justice to them as promptly and as impartially as if they 

 were his own subjects. 



Foreigners have never a right to demand a prefer- 

 ence in judicial proceedings, nor have they a right to 

 demand judgment by a special court. And if (inca- 

 ses where the competence of the judge is indisputable) 

 the cause has been determined according to form, and 



