Page images
PDF
EPUB

internal organization and legislation, without the consent of any other State. In fact, the right of independence implies the right of a State to be exempted from any interference as regards its Sovereignty rights; Sovereignty being the right to act without being controlled. Independence implies the right to be left irresponsible, as long as the exercise of Sovereignty does not impede the rights of others, and to be treated on a footing of perfect equality by all other Sovereign States.

$29. The Equality which exists between Sover- Right of Equaeign States does not proceed from equality oflity. power, extent of territory or number of individuals composing the State, but from the similarity of those rights and obligations, which constitute the status of equality before the Law of Nations. The principle on which this right of equality is based is the same as that which, in civilized States, belongs to all citizens possessed of equal personal responsibilities, i. e., the natural right of equality before the law of the country, irrespective of the amount of social or material preponderance belonging to individuals. Thus, in this respect as in many other instances, the status juris of States, with regard to International Law, is analogous to that of individuals with regard to their respective Civil Laws.

and Reputation.

The Right of Respect is asserted by the claim Right of Respect of an Independent State to be treated with due regard by other States; it includes the Right of Reputation, that is, the claim that others should abstain from criticizing its national reputation, while it is endeavouring to uphold unstained its national character and honour.

The inherent moral dignity of man must be found in the State; its total absence is a sure sign of approaching dissolution. Self-respect is

Mutual Understanding with re-.

of respect.

.

the fountain source of national virtues and a judicious pride in its own honour and reputation is a nation's first moral claim. National pride, when based on self-respect, will then not degenerate into that haughty demeanor and ungenerous bullying of weaker States, of which Europe, in its history of the last century, affords so many detestable examples. True national self-respect exhibits that genuine manly dignity and magnanimity, worthy of any great civilized Nation, which claims for itself what it considers to be a moral duty not to withhold, on its own part, from others vested with equal rights, although they may be unable to vindicate their rights by force.

Therefore, every State has the same essential gard to the Right interest in the prevalence of a mutual understanding with regard to International Respect, based on the following conditions, which are to be observed reciprocally.

Comity between

individual States.

1st. Respect is due to the Right of Existence, Independence and Integrity of other States, and toleration is to be granted to all their other international rights, as long as the exercise thereof does not infringe upon the rights of others.

2nd. Respect is due to the moral and political dignity of the Executive Government, and such respect should be shewn by using the proper official titles and appellations of the State and its Sovereign or Chief Magistrates, in matters of correspondence, or when making reference to those dignitaries in public documents or in speeches delivered by statesmen in power.

3rd. Consideration is due to the adopted form of Government, to the Constitution and the Laws of a State. It is therefore commonly understood, that the National Institutions of each State should be reciprocally respected, by not being ignored

in the case of claims, negociations or occasional references.

4th. The National Fame forms the most precious regalia of a Nation and is guarded with a just feeling of jealousy from the attack of any one. Misrepresentation of historical facts, tending to lessen the glory of a people, is always a cowardly act, but when the Government of a State allows such misrepresentations to be recorded in official documents, in order to add surreptitiously to its own credit or to that of its officers, the act has all the ignominy of slander and must be followed by disgraceful consequences for the usurper.

No Government that is aware of its own dignity will allow its officers to disregard the just claim to reputation and respect possessed by other Nations. *

5th. It is particularly a display of want of respect and comity to allow combinations of conspirators openly to organize themselves for the overthrow of the established Government of a friendly State.

of

6th. Although, apart from treaty agreement, no State is obliged to help another in the administration of its Criminal Laws, which have, generally, no effect outside the respective territory or jurisdiction of a State, yet it is a moral duty any civilized Government, not to allow the counterfeiting of foreign coins and bank-papers within its territory, nor to allow the organization of bands of smugglers on the frontiers with the object of making contraband inroads upon the territory of a neighbour, especially when these bands have been in armed contest with the officers of the State in question, and friendly appeal has been made from the suffering State for the suppression of the mischief.

* VATTEL. Droit des Gens. Liv. I. Chap. XV. Liv. II. § 14.

International
Comity.

It is admitted as a general principle that, although not legally bound to do so, every Government is expected to suppress, as far as its constitutional laws will allow, any combination within its jurisdiction tending to violate the laws of a friendly State, especially with regard to acts which are punishable by its own laws when committed within its territory. Of course, faithful reciprocity is expected in all cases.

7th. It is regarded as a general principle of friendly international intercourse, not to exclude the subjects of any State from participation in those civil rights, securities and privileges which are allowed to other foreigners under similar circumstances; in other words, not to make a distinction between nationalities within the State's jurisdiction, unless it be on the basis of treaties of reciprocity.

8th. The observance of the ordinary rules of etiquette and public ceremonials is due to Foreign Sovereigns, their Ambassadors and Diplomatic Agents, to Vessels of War, to Foreign Princes and to Statesmen in power. In this respect every State follows its own regulations of maritime etiquette and other ceremonials, which, however, are nearly all of the same tenor, having all for their basis the acknowledged principle of equality between Sovereign States and Chiefs, and their Agents, and between Officers of equal rank; the aim being the mutual exchange of courtesy, as a token of good understanding between friendly Nations.

International Comity (comitas gentium) is the courtesy of Nations, which consists in the regard reciprocally due, in the intercourse of civilized Sovereign States, to those mutual rights and moral claims, which, although not forming an acknow

ledged usage of International Law, are nevertheless based on the equality of Sovereignty. The maintenance of relations of comity on the part of all civilized States tends to promote mutual good feeling among Nations, and is thus of the utmost consequence for their general welfare.

Colonial Governments have many opportunities to show their appreciation of International comity and politeness.

The difference between Comity and Private International Law, which latter is often treated as identic with Comity, is noted in § 50.

« PreviousContinue »