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tem, as exhibited by the history of the last four centuries. The new era of Colonial activity has abandoned the principle of taking advantage of the natives by demoralizing them. The aim is now to utilize large tracts of land for useful cultivation and to open new outlets for the commerce and industry of all parties. *

Treaties with independent native chiefs have no more for their sole object the securing of onesided gains, but are now concluded on the basis of mutual security and always contain, now-adays, clauses most beneficial to the material and moral progress of the uncivilised nations, by binding them to abstain from slave-trade, human sacrifices, piracy, and the like. Treaties between Suzerain Colonial Powers and the Native States under vassalage or protectorate, likewise, often contain stipulations controlling the importation of opium, fire arms and ammunition, in order to suppress these sources of infinite mischief and bloodshed among the uncivilized native populations, while the trade in all other commodities is left entirely free; no impediment being placed in the way of legal commercial intercourse between these native Protectorates and the subjects or citizens of third Powers. The revenue derived from imports and exports is also left entirely at the disposal of the Native Chiefs under protection.

The right of Colonial Powers to establish and exercise protection and control over neighbouring uncivilized Native States, emanates from the

*An example of this new Colonial regime is the recent Italian Colonization on the East Coast of the Red Sea in the territory of Assab, sauctioned by the Italian Legislature through the Law of 5th July, 1882, No. 8571, which authorizes the Government of the Mother Country to establish the legislative, administrative, judicial and financial organisation of the new Colony in comformity with its present local wants, but on a basis admitting of further development in conformity with its future progress,

necessity of self-preservation felt by these Powers, who, finding themselves compelled to take charge of the preservation of order and safety on the frontiers or in the neighbourhood of their islands and territorial waters, have a right to expect from all other Powers acknowledgment and respect of the treaties concluded with the respective Native Chiefs for such purposes.

In the case of a country not under actual territorial occupation or jurisdiction of any Western Power, the right of traffic and commerce with the aborigines and native chiefs is incontestably open to all nations and free from tolls and charges of all description for the benefit of any foreign Power,provided the treaty stipulations agreed to between the respective chiefs and the Western Suzerain Colonial Power are respected by the foreign vessels and traders visiting such native ports or islands.

and Rights of

$ 36. It has been noted above that Colonies Responsibilities and Possessions form an integral part of the State Colonial Powers. to which they belong, independent of geographical conditions; the original State being called the mother-country. However, as these Colonies and Possessions often form the outposts of the civilization of the mother-country, special consideration is due to their policy and legislation which, as such, may differ from the internal Public and Private Law of the original State.

The fundamental difference between the legislation of a State and its Colonies and Possessions, cannot be allowed to infringe upon or modify its International obligations towards other States. In other words, a State cannot appeal to the exceptional character of any colonial legislation as a necessity for exemption from any generally acknowledged rule of International Law, for this would give to Colonial Powers an undue privilege

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above other States that have no such additament. In the present stage of civilization and in view of the progress which has been made in International intercourse, all narrow minded colonial jealousy is utterly out of season. No Power following a wise and liberal colonial policy (the only one which can exist now-a-days) ought to have any reason to fear the neighbourhood of any other friendly Power in a colonial settlement. On the contrary, every well-minded and able colonization scheme should be wellcome as a new fellow-worker in the great field of civilization, for the formation of millions of new centres, productive of trade and consuming the products of industry.

It is no contradiction of this general rule, if we say that, when placed in the light, in which, through the progress of civilization, Colonial Possessions must be viewed in our days, the amount of responsibility and care which devolve upon States which now-a-days take the lead of civilization among barbarous or semi-civilized nations in distant regions, and often with great sacrifice to the mother-country, must also be taken into consideration. When the Colonial Policy of a State is scrutinized, one must not leave out of account the responsibility devolving upon every Colonial Power, for thus only fair comparison can be drawn with other States, which are free from all such incumbrances and restraint on their national development and internal aggrandizement.

It is a matter of simple justice then to view both sides of the question, and when a Colonial Power practices, as far as is consistent with selfpreservation, a liberal colonial policy, adverse to the principle of exploitation of the natives and free from the old colonial jealousy of exclusion

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of foreign enterprise and commerce, it is not too exacting to expect other States to restrain their subjects from causing trouble among the natives, and to respect treaties with third Powers and their legal claims.

. VIII

General Prin

ciples of the Legis

CHAPTER VIII.

RIGHT OF LEGISLATION AND JURISDICTION.

37. The exclusive right of Legislation on lation and Juris- all matters within its territories and, with regard diction of a State. to its subjects or citizens, wherever they may reside, is essential to the Sovereignty of a State.

of Persons. Priv

The Judicial Power of a State is co-extensive with that of Legislation within its territories and, with regard to its subjects, in some instances, which will be noted hereafter (§§ 45–49), also outside its domain.

All individuals within the territory of a State, its own subjects or citizens as well as aliens, whether domiciled or temporary residing, are,with some exceptions established by Treaty or through usage of International Comity and the Rules of Private International Law (Ch. X),subject to the legislation, jurisdiction and control of the State. They have consequently equal right to protection and equal claim to legal and practical security in the transaction of their lawful business; wherefore, as a general rule, the tribunals of a civilized State are open to foreigners, in the same manner and to the same extent as they are open to its own subjects, to have justice administered to them in conformity with its Laws.*

Public Law. Law The Right of Legislation of a State embraces ate Law. Civil Public Law (jus publicum), the Law of Persons (jus personarum) and Private Law (jus privatum).

Law.

PUBLIC LAW has reference to the constitution and sovereign government, finance, policy and

* HUGO GROTIUS, Dutch Jurisprudence, Ch. XIII, Sect. III,