§ 16. except through the Government from which their charter emanates, and under whose protection they are established or to which they owe allegiance. Nomadic tribes, living in wandering groups without a permanent or defined territory, though they be closely united and organized for their internal government, cannot be regarded as States, because they fail to fulfill all the conditions above mentioned. They may, however, in some cases, be admitted to the privileges of International Law and hold intercourse with civilized States, whenever such tribes are ready to reciprocate international privileges, according to their ability or as far as their condition will permit. As a general rule, when privileges of International Law are extended to uncivilized nations, this is done, at the prompting of humanitarian views, without requiring reciprocity on their side, unless as one of the methods made use of to gain them over to civilization. Associations of pirates and other outlaws, though not belonging to any nationality nor owing allegiance to any State, are disqualified to form States, as having themselves no right of existence. † "The marks of an independent State," says Mr. Hall, "are that the community, constituting it, is permanently established for a political end, that it possesses a defined territory and that it is independent of external control. It is postulated of those independent States which are dealt with by International Law, that they have a moral nature identical with that of indi *PHILLIMORE. Comm. on Intern. Law. Vol. I. Ed. 1879, p. 199. HEFFTER. Europ. Volks-Recht, §13-20. WHEATON. Elem. Întern. Law. Edit. Dana, §5. DE MARTENS. L. VIII., §§ 260 et seq. PHILLIMORE. Comm. on Intern. Law, Vol. I. Edit. 1879. viduals, and that, with respect to one another, they are in the same relation as that in which individuals stand to each other who are subject to Law. They are collective persons and as such they have certain rights and are under certain obligations."* The investigation and systematical arrangement of the rights and obligations of States, with their various practical modifications, form the subject-matter of this Manual. For the clear understanding of the various aspects and combinations of these rights and obligations, however, it was deemed indispensable to trace them up to their sources, that is to the law by which the Moral Nature of States is governed, and which forms the basis of their rights and obligations. This was done in the foregoing chapters. We will now proceed to investigate the practical application of those rights and obligations in the case of the Society of States, where they form the basis of International Law. §17. In the work above cited, Mr. Hall says Rights and Oblifurther, "the capacity in a corporate person (State) Fations of States. to be subject to Law evidently depends upon the existence of a sense of right and a sense of obligation to act in obedience to it, either on the part of the community at large or, at least, of the man or body of men in whom the will governing the acts of the community resides." The cause which produces this sense of obligation, to act in conformity with Law as existing in the leading minds of those governing States, having been investigated in the preceding chapters, we will now endeavour to describe the Law which practically governs the rights of States, and their obligations to act in obedience to that Law. *W. E. HALL. Intern. Law. Edit. 1880, §1. † IDEM. Intern. Law, page 14. Considering that social life is the natural consequence of the human organism and, as such, subject to development in conformity with the Law of Nature governing that organism (§1), it is but natural that States, which are the outcome of social life, have, in their collective capacity as aggregates of moral beings, the same moral obligations assigned to them as man, but with a vaster and completer sphere of action and, consequently, with some special prerogatives and rights ($18). The duties of a civilized State are of two sorts. 1o. In the first instance, those duties which constitute the raison d'être of a State and are essential to its existence, consist in the obligations which arise between the Government and the individual subjects or citizens (Staatsangehörige) in all matters pertaining to public order and to the moral and material progress of the nation. These are the internal relations of the State, which may be varied or modified without contact with the internal or external attributes of any other State. 2o. But, in the second instance, in order to be able to fulfil its internal duties undisturbed, and to its full extent, the State must enjoy the outward security and respect essential for the free exercise of its full faculties and all its attributes, as a Body-Politic. This necessarily imposes on the individual State the duty of intercourse with other States, in order to establish its rights, which, with regard to their external relations, are called International Rights. These International Rights are enumerated as follows. 1o. The right of existence; from which devolve the rights of self-preservation and of self-defence with the accessory rights of redress, retortion' reprisal, seizure, interference, and that of making war and concluding peace. 2°. The rights of sovereignty, independence, equality and respect. 3°. The right of property. 4°. The right of legislation. 5°. The right of intercourse and international commerce. 6°. The right of legation, negociation and treaty. 7°. The right of neutrality. The principle features of these rights and their correlative obligations, which constitute the different objects of what is termed International Law, are separately sketched in the succeeding parts of this work. In the case of all well organised civilized States, their rights and corresponding obligations are respectively of the same nature. Owing to this similarity of attributes and interests, international rights and duties must devolve upon every State, as a natural obligation to respect the rights of every other State, and thus to maintain its own. security for the proper fulfilment of its internal obligations. A State which refutes all international intercourse, places itself outside the pale of the Law of Nations and has in consequence no guarantee for its safety.* Morality. From this it appears obvious that the interests International and duties of States are identical, and that the mutual interests of civilized States are so interwoven, that each, by the due performance of its own duty, promotes the welfare of all. Again, *Thus China and Japan, and recently Corea, after centuries of seclusion and exclusion of foreigners, entered into the family of Nations to secure their own interests. The dealings of . it is obvious that the substitution of might for right brings misery not only on the oppressed but also on the oppressor. Plato observed that the just State differs in nothing from the just man, and Hugo Grotius maintained that the ethical principle should underlie all transactions between nations as well as those between individuals. The rights and duties of Nation towards Nation, the origin of which loses itself in the mist of ages, when mankind began to form itself into Societies, became more and more discernible when these different Societies, through having intercourse with each other, found it necessary for mutual safety and for their own individual benefit to abide by certain rules, tacitly or expressedly consented to. In the same proportion as Nations advance in civilization, their rules of conduct towards each other are gradually brought into conformity with the principles of justice and morality, and find henceforth support not alone by material considerations and purely selfish motives of mutual preservation, but also by the awakened Human Conscience, which, when developed into National or Popular Conscience, tends more and more towards the practical observance of the Moral Laws of Nature. This takes place not only in the case of States of equal strength and pretensions, but, indiscriminately, among all the members of the great commonwealth of Nations. This constitutes what is termed International Morality, which is the principal agent in the forming of the International Spirit of Law (§14). §18. We find that civilized States, in their State tested at the mutual intercourse, in times of peace as well as in times of war, invariably appeal to Public Moral Law of |