In the next place, the American Institute is founded upon the federative principle, because it contemplates the establishment and separate existence of national societies of international law in every American Republic, that such national societies shall be considered branches, and that their members shall be considered as of right associate members of the American Institute. The members of the American Institute are to be recommended by the national societies and elected by the American Institute as a whole; so that membership in the American Institute is open to publicists of every American Republic and no publicist can be elected a regular member, in contradistinction to honorary membership, except upon the recommendation of the national society, unless the publicists of a particular republic should fail to organize a national society, in which case the members from this country will be elected by the American Institute itself.

It will be observed that the American jurists, to whom the Confidential Note of October 10, 1911, was sent, are requested to sign the Constitution, and that by so doing they become charter members of the American Institute. It is hoped that they will likewise approve the By-Laws, which are, as stated, almost identical with the By-Laws of the European Institute. By so doing, they will, in the opinion of the proposers, found the American Institute, providing it with a Constitution and a series of tried and serviceable By-Laws, which, however, may be revised in whole or in part at the first meeting of the American Institute.

The proposers cherish the hope that as soon as the charter-member, to whom this letter is addressed, shall sign the Constitution, that he will begin to organize a national society of international law in his home country, which shall be an associate branch or member of the American Institute of International Law, and from this national society the members shall be chosen. The proposers believe that the American Institute has a grand opportunity and that, composed as it will be of the leading publicists of Pan-America, it will render important services to international law; but, however great the success of the Institute may be, they nevertheless feel that the organization and the successful operation of the national societies of international law within each of the American Republics will render even a greater service by popularizing the principles of international law and bringing them to the knowledge of the enlightened and progressive citizens of each of the American Republics.

Thus, the American Institute will be the international representative of the American Republics. The national societies will be the national representatives, whose members possess the right to attend and to participate in every meeting of the American Institute. The matters discussed by the American Institute will not be decided by its members alone, but in co-operation with all of the members of the national societies who may care to attend, and, meeting in various countries, the American Institute will be brought into close touch with the national societies, so that it is in reality a national as well as an international Institute, and the property of each as well as of all the Republics.

Without further argument or statement, it is believed that the truly American principles of democracy and federation have guided and controlled the proposers in the organization of the American Institute of International Law.

If the Constitution and By-Laws are fortunate enough to meet with your approval, the proposers hope that you will sign one of the copies and return it to the undersigned at your earliest convenience; that you will not only express your willing

ness to organize the national society, but take effective steps to bring it into existence, and that finally you will permit the proposers to name the temporary officers of the American Institute, who shall serve until the first regular session of the society, and shall take the necessary steps to complete the organization and to call the first session. I would finally call your attention to the fact that the American Society of International Law is now issuing, beginning with the year 1912, a Spanish edition of the American Journal of International Law, and that copies thereof will be supplied at the rate of $4.00 per annum to any society of international law, consisting of twentyfive members, organized in any of the American countries. The American Institute and the national societies will thus have a journal of international law, which will appear quarterly in the official language of the American Institute, namely, Spanish. In the hope that you will sign the Constitution, thus becoming a founder of the American Institute of International Law; that you will approve its By-Laws; that you will authorize the proposers to constitute a temporary organization, and that you will yourself make every necessary effort to organize the national society of international law, I am, my dear Sir,

Your obedient servant,

JAMES BROWN SCOTT.

THE SPANISH EDITION OF THE AMERICAN JOURNAL OF INTERNATIONAL LAW

For a long time the publishers of the Journal have recognized the great advantage and desirability, if not the need, of a journal of International law which will do for Latin-America what the AMERICAN JOURNAL OF INTERNATIONAL LAW is doing for English-speaking America. The chances for the successful conduct of such a journal as an independent enterprise, without serious financial sacrifice on the part of the publishers, seemed remote; but the idea of issuing a Spanish edition of the AMERICAN JOURNAL OF INTERNATIONAL LAW has been frequently suggested and favorably considered by the officers of the Society as a means of filling the long-felt need in Latin-America. The JOURNAL already has quite a large circulation among Latin-Americans who read English, but it has about reached the limits of its circulation in that field and, if it is to extend the sphere of its usefulness within the greater bounds of Central and South America, which its success in Englishspeaking America seems to justify us to expect it capable of attaining, it must appear in the language common to the countries and peoples in and among which it is desired that the Journal be widely read.

The great cost involved in this plan seemed to make it also impossible of realization. But a fortunate circumstance happened in the latter part of last year which gave the Society the opportunity to carry out

its cherished plan. On December 14, 1911, the Board of Trustees of the Carnegie Endowment for International Peace, acting on the recommendation of the Director of the Division of International Law, presented through the Executive Committee, in pursuance of the purpose of the Endowment "to establish a better understanding of international rights and duties and a more perfect sense of justice among the inhabitants of civilized countries," appropriated a portion of the income of the Endowment to be applied by its Executive Committee to strengthen and increase the usefulness of journals of international law. The AMERICAN JOURNAL OF INTERNATIONAL LAW was fortunate enough to be included among those selected by the Executive Committee as the beneficiaries of this appropriation, and as the result of negotiations between the Executive Committee of the American Society of International Law, with the subsequent approval of its Executive Council, and the Executive Committee of the Carnegie Endowment for International Peace, it was decided that the best way to strengthen and increase the usefulness of the AMERICAN JOURNAL OF INTERNATIONAL LAW was to publish a Spanish edition of it and secure its wide-spread circulation throughout Latin-America. An arrangement of this kind was accordingly made, and beginning with the January, 1912, number of the JOURNAL, a Spanish edition has been printed and distributed throughout Mexico, Central and South America. The issue is being received with enthusiasm by Spanish readers interested in international affairs, and some of the Latin-American governments have subscribed for a number of copies for distribution among their officials.

The arrangement also includes a Spanish translation of the Proceedings of the Annual Meeting of the Society.

It has been provided that the members of the American Society of International Law shall have the right to elect which edition of the JOURNAL and Proceedings they shall receive. The terms to persons who may join the Society in order to receive the Spanish edition are the same as those already fixed, namely, five dollars dues per annum, with an additional charge of one dollar for foreign postage.

The Executive Committee of the Society was not content, however, merely to issue a Spanish edition of the JOURNAL and provide for its circulation among present and prospective Spanish-speaking members of the American Society of International Law. It thought that the most effective means of furthering its object, namely, "to foster the study of international law and promote the establishment of international rela

tions on the basis of law and justice," would be to encourage the formation of societies of international law in the different countries of LatinAmerica. Accordingly, and in pursuance of the purpose expressed in the Society's constitution to co-operate with societies in other countries having the same objects, the Committee, as an inducement to the formation of such societies, provided that the price of subscription of the Spanish edition of the AMERICAN JOURNAL OF INTERNATIONAL Law, including the Proceedings, to societies of international law in LatinAmerica having a membership of at least twenty-five members, shall be four dollars per annum, postage prepaid. It is gratifying to note that this wise forethought of the Committee has produced results, for the formation of societies of international law in Latin-America has already begun.

The American Society of International Law is to be congratulated upon this great opportunity to carry out a project which promises to play such an important part in promoting the friendly relations between the American Republics. For the first time, an organ has been established, printed in the languages common to the various countries of the Western Hemisphere, through the columns of which there may be an interchange of the views of the leaders of thought in the realms of international law and diplomatic relations from which there should result a clear and sympathetic understanding of the international problems which confront them.

FRENCH DIPLOMATIC AGENTS AND THEIR JURISDICTION AS CIVIL STATUS OFFICERS STATIONED ABROAD

An extremely curious and interesting question regarding the juridical status of diplomatic agents in their capacity as civil status officers, was passed upon by the court for settling conflicts between French laws, in a decision of March 25, 1911. It is the case of Rouzier v. Carteron. Here is the controversy.

M. Rouzier, a French citizen residing at Port-au-Prince (Haïti), had, according to Haïtian laws, married a Miss Blanche de Madelung. In 1906, they obtained a decree of divorce from the Haïtian courts. In 1907, the former husband and wife wished to resume their former status

*Note kindly furnished by Mr. G. Scelle, of Paris, in reference to a recent decision by the court for settling conflicts between French laws.

and get married again; but the Haïtian law does not permit this. They then addressed themselves to M. Carteron, the French Minister to Haïti, in order that he should perform the marriage ceremony in his capacity of civil status officer for French citizens residing abroad. But a few days before the date appointed for the marriage, Rouzier contributed to a Haïtian newspaper an article regarding the re-marriage of former husband and wife, in which he criticized the Haïtian law. The article caused a stir, and the French Minister declared that, under these circumstances, he would not perform the marriage, stating that considerations of a diplomatic character incapacitated him.

M. Rouzier, who had traveled from France to Haïti to have the marriage performed, sought redress from the civil courts for the pecuniary and moral prejudice caused to him, suing the diplomatic agent for a sum of fifty thousand francs in damages.

Would the case be received by the courts or meet with a plea in bar rising from the theory of governmental acts? The French public law still admits this theory; the number of such cases tends to decrease, but they still occur particularly in matters concerning diplomatic acts. There are cases concerning claims of individuals for injuries sustained through acts of the agents of the state, upon which no court, administrative or judicial, can pass. Sometimes, jurisprudence still admits the "Act of state" doctrine when the interests of the French foreign relations are involved. The Civil Court of the Seine1 has held, in fact, that it has no jurisdiction over the case. It states that the Civil Code (Art. 48) declared as legal all the acts of the Registrar General recorded by diplomatic and consular agents, but that such fact did not make civil status officers of these agents, that they remained administrative and diplomatic agents, and that their judgment and discretion should dictate their action in such matters. The French citizen abroad may benefit by their authority, but he has no legal right thereto. Upon appeal of the case to the Paris Court, the Prefect of the Seine, in the name of the Ministry of Foreign Affairs, maintained the same opinion, stating that the refusal of Minister Carteron, dictated by purely diplomatic considerations, was a political act without remedy in law. But the Court of Appeal,2 on the contrary, affirmed the competency of the judicial courts, and sent the case back to the Court of the Seine for regular adjudication. The Prefect of the Seine then raised 1 Decision of May 13, 1909.

2 Decision of December 27, 1910.