24 THE AEGUMENT OP THE UNITED STATES. 



anterior to the treaty of Westphalia, of the employment or the 

 recognition of the institution by many if not all the civilized nations 

 of the world. 



The unbroken practice of nations from the treaty of Saint Julien 

 in the year 1603 down to the present time, is set out in full by Rivier 

 in his valuable work, to which reference will be made in the oral 

 argument.* 



To the imposing resume of the important agreements creating 

 servitudes to be found in Rivier may be added some further examples 

 taken from the recent practice of states. While the enlightened doc- 

 trine of neutrality may seem to place a limit to the creation of mili- 

 tary servitudes as such, nevertheless nations are seeking in all parts 

 of the world naval and commercial points to serve as coaling stations 

 and bases of supplies in the event of hostilities as well as to serve 

 economic purposes in time of peace. 



The treaty of June 30, 1899, between Spain and Germany may be 

 cited as proving by example that not only weak nations, but na- 

 tions of the highest standing and power are willing to restrict their 

 sovereignty in favor of nations inferior to them from a military and 

 naval point of view. Thus in the treaty in question, Spain ceded 

 the territorial sovereignty of the Carolines : 



Spain cedes to Germany the full sovereignty over, and property 

 of the Caroline, Pellew, and Mariana islands (except Guam), in re- 

 turn for a pecuniary indemnity of 25,000,000 pesetas (Article I). 



The third article of the treaty permitted Spain to construct a coal- 

 ing station in the Caroline Archipelago : 



Spain will be allowed to establish and to keep, even in time of 

 war, deposits of coal for her war and merchant fleets; one in the 

 archipelago of the Carolines, another in the archipelago of the Pellew 

 Islands, and a third in the archipelago of the Mariana Islands (Ar- 

 ticle II). 



That is to say, Germany burdened the islands with an interna- 

 tional servitude in favor of Spain. 



By Article II of the treaty of November 18, 1903, between the 

 United States and Panama the latter granted to the United States? 

 in perpetuity the use, occupation and control of a zone of land, 

 and land under water, for the construction, maintenance, operation, 

 sanitation and protection of said canal to the width of 10 miles ex- 



Rivier : Principes du Droit des Gens, sec. 23, pp. 296-303. 



6 British and Foreign State Papers, 1899-1900, Vol. 92, pp. 113-114. 



