20 THE ARGUMENT OF THE UNITED STATES. 



Although a servitude, as a recognized institution of Roman private 

 law, is a prototype of international servitude, it is but natural that the 

 servitude of public law should differ materially from the servitude 

 of private law, because in the latter the relation is between individ- 

 uals, whereas, in the former system the servitude is created by and 

 exists only between states. In essence, however, the servitude of 

 public or private law is a jus in re aliena as distinguished from an 

 obligation, and the rules of private law for the creation, enjoyment, 

 extinguishment, and interpretation of servitudes are of very consid- 

 erable service in the consideration of international servitudes, although 

 by virtue of the difference between the parties to the two classes of 

 servitudes they are to be applied by analogy. 



Although the analogy is well recognized by the authorities, the 

 doctrine is sometimes stated in general terms without reference either 

 to its origin or its analogy to Roman law. Thus, in Vattel's Law of 

 Nations, first published in 1758, and which has since been the favorite 

 handbook of diplomacy, if one may judge from the frequency of its 

 quotation by men of affairs and state papers, it is said : 



There exists no reason why a nation, or a sovereign if authorized 

 by the laws, may not grant various privileges in their territories to 

 another nation or to foreigners in general, since everyone may dis- 

 pose of his own property as he thinks fit ; thus, several sovereigns in 

 the Indies have granted to the trading nations of Europe the privi- 

 lege of having factories, ports, and even fortresses and garrisons in 

 certain places within their dominions. We may, in the same manner, 

 grant the right of fishing in a river, or on the coast, that of hunting 

 m the forest, etc. * * * 



When once these rights have been completely ceded, they constitute 

 a part of the possessions of him who has acquired them, and ought 

 to be respected in the same manner as his former possessions. 



It will be noticed that the Swiss publicist does not enter into the 

 technicalities or niceties of servitude, nor does he mention them by 

 name, but he declares unequivocally the right which independent 

 nations possess, by virtue of their independence, to grant " various 

 privileges in their territories to another nation." 



The development of the doctrine since Vattel's period will be seen 

 by consulting the recent valuable work on international law, pub- 

 lished in 1905 by Doctor Oppenheim, the present accomplished pro- 



Vattel: Law of Nations (1758) (Chitty's translation with notes by Ingra- 

 ham), Book II, ch. 7, sec. 89, p. 108. 



