selections
history,
documents
authorities
in
their reading may be
organized. Besides, the selections in this book may serve as a basis
for
and
to
the
of
Sociology,
pp.
80-
Bryce, in
R. A. Seligman,
Holland, The
of
the
State,
p.
4
21
Seligman,
Prin-
ciples
of
Economics,
pp.
36-42 .
33
24.
Lines
of
to
Sociology,
pp.
74-75.
28. Human Causes that act in History. B. A. Hinsdale,
How
pp.
127-134
'B.):iaxt,
Actual
Government,
pp.
World
Power,
pp.
G.
Brinton,
J.
K.
Bluntschli,
Power,
'p^.
/^i-^'^
... 61
37.
Nationalism
F. H.
West, Ancient
4-6;
x,
24;
15-16;
De
Republica,
J.
p.
407
135
96.
The
Legal
Sovereign.
J.
Q.
140
100.
No.
4
140
loi.
XII,
No.
4
142
103.
R.
T.
and Inter-
national Law,
Independence.
Protocols
of
Fed-
E. Holland, The
Politics
ments
of
p.
397
191
IV.
Law
The State,
pp.
1-7
195
1
54.
Foreign
No. i,
T.J.Lawrence,
States
Statutes
J.
Correspondence
International
Law,
pp.
431-432
240
214.
Elements
of
International
Law,
Appendix
C
240
History
of
Actual
Government,
pp.
46-48
294
269.
The
Sources
J.
277.
Interpretation
of
the
of
George
William
pp.
16-17
and Referen-
dum. E.
J.
W.
Garner,
Montes-
quieu,
Spirit
of
in the
United States,
States.
of
Representatives.
J.
Bryce,
L. Lowell,
H. D. Tra-
Elements
of
Political
Science,
pp.
200-202
375
358.
Patronage
Wilson, The
Con-
stitution
of
the
2
A. L. Lowell, The Government
of
States.
J.
A.
Smith,
A.
L.
Lowell,
Central Government
Lowell, Governments and
Parties in Continental-
Europe, Vol. I,
Council. L.
Administration. F.
pp.
347-348
451
437.
the
United
States.
A. L. Lowell,
pp.
613-614
504
490.
ities. E. R. A.
Outlines
of
Economics,
Selig-
man,
Principles
of
Economics,
pp.
513-515
Association.
of the American Political
and
at
the
State in action.
the individual,
what wiU
of
the
dynamics
scientifiG
study,
will
of
second
place,
political
theory,
it
is
none
the
less
true
minute
details
confines
embrace
our subject.
cases
directly
are
the actual
political system
organization,
but
problems
of
matters
One of
the peculiar
and action
organization
of
the
sovereign
constitutional
amendments.
Important
people its
importance,
the questions
that will be expressed.
as the law.
law affecting the relations
based upon social
law, since
...
the necessity of the study of public
law for the political scientist, I would not be regarded as depreciating
the importance
him
a study
should
be.
Science has to
of the State will, or
the
enforcement
to
each from a
completely
to
moderation, and
by
being
considered
separately.
the action
both the
Law is
: the clearest
for the varying
help
of
Politics
in
order
to
escape
corpus
juris
—
•
division
of
Political
general.
whole
without
conception of
aim, the
chief forms
Theory
special
political
sciences,
The content of political
damental distinction
and
1
R.
G.
Gettell,
problems of the
gov-
ernment
to
ture and functions, marking
guished
to the state, and of the government to the governed,
the
life.
social
political science cannot take the place of the science of
society.
The
recognition. Its
and
coercion
politics, it has become a special
science.
It
is,
however,
a
and the
reflection
shows
that
political
form of
that in
from
all
social, and as
work,
there have
not coextensive
that
the
lines
genesis
no
more
than
sovereignty
political
animal.
James
and
the
American
Historical
Association,
held
are.
gives
us
on
this
more
a
greater than the certainty
of a record
the
principles
which
the
general
some
wholly
exceptional
to dis-
need
produces
true. The man often appears quite
out-
side
knowledge goes, an
general
late Sir
by
history
but
history
fruit
has
it
has
flashing
science
were to
read henceforth
The
them must
coin a
word, he
each
other.
of
comprehend the
economic basis
of political
prudence.
at a later'
enactment is invested with
in
of social life. The law
is the outward manifestation ; the social, and
especially the
a handmaid to
this sense is the
modern
national
States,
regulations
they are
grows
against
the
society is then politi-
of
this
jealous, suspicious,
unfraternal. Sentiments
of intense
cohesion within
sentiments
of
indifference,
intolerance,
activities,
mergence in the local and fixed group, and set upon
his own
feet,
with
varied fields of activity open to him in which to try his powers, and
furnished with
in theory,
peculiarly
subject
in
in their use of
speech is
debate.
arid varia-
by the domestic
republic, democracy, aristocracy,
circumstances
in which
ap-
parent
and
to
distortion
from
a
cause
which
pecul-
are likewise exposed
to
and
administration.
one
country
condition,
wants,
and
of race,
the importance
of national
the
Latin
nascor,
and
hardly
yet
anywhere
too
wide
elements
of
the
or
impenetrable
forests
Of these
common
speech.
dominant
race
results
religion has
organization without
this. The
preliminary
stages
meanwhile other forces
Some
forms
of
hostility
between
subject to them. . . .
are embraced within the
and
same
territory
wiU
frequently
more states on
made
to
prevail
against
any
limits
of
territory
is
analyzes
as follows :
examine
more
carefully
I generally
in
political
civilization.
But
we
 
political
having
duties of the indi-
1
By
 
sense
civilization which
capacity, and those
 
part of
much
the
case
that
we
sometimes
use
in the
them
independently
of
the
cohesive
force
neces-
sary
to
jars
and
satisfactory
members
;
a magistracy.
does
them.
Human
divest
themselves
i.e.
has
dissented
given territory,
lowest
terms.
The
empiric
conception,
on
and
has
ization termed
the
char-
what manner
their powers
substantial identity
the federal or
which unfailingly
as
have arisen
of political
State's fundamental
will be furnished with
the criterion for distinguishing
universal
to
the
hard
to
escape.
or practically avoided,
but
Power cannot
19. The
nature of
is
within. Austin
—
Thus, as
term,
Govern-
ment
inquiry. The
between
the
State
much
to
the
distinction
between
a
find
it
confusion between these
organized
ization
22. Physical
following sug-
gestive chapter outlines the general nature of the relation between
the
natural
environment
^
The reciprocal influence of Man and Nature is one of the hard
sub-
reaction of
and
questions that it
teacher of history
principal physical factors.
attract attention
and history of
nations was recognized
equal
aspects
of
of
soil,
sky,
sea,
climate,
literary history of England
lines.
refer historical
results to
The distinguished scholar and diplomatist, Mr. George
P.
Marsh,
Nature,
Action. He undertook
globe, to point out the dangers
of undue
27
have no means of determining ; but it is obvious that the direct effect
of
the
social
such
factors,
sea,
existence of rivers,
such
as
of
the
peninsula, and
and Northern
or
confined
do
not
and to investigate
for physical existence,
con-
countries were
provided
of wealth, and
such
conditions
Central
The
Nile
Valley
richest
gation.
food,
was secured.
Black Sea, to
the Nile, and
life
their
public life. In
her early history
to internal
Environ-
the
direction
and control of their activity, certainly had much to do
with
civi-
lization,
and
in
been controlled by
vast Himalayas, practically
entered India
great
Indian
Desert.
Between
approach
to
the
of this
region.
At
its
to
the
absence
that upon
gate for the
it
is
quite
Delhi
danger of a
they
in
history.
All
relations of
of the Po on the one side and to the
mountain passes
Europe on
Cenis
Brenner.
It
state of things in Northern Italy other
than
complete
barbarism
in
circumstances of the times in
which it was founded
destruction,
by
trade.
At
the
time
of
33
great
line
that
vifhenever
possession of civilized men.
In such a sketch as the present one the sea calls
for little more than
and
distributing
moisture,
;
corals, ivory, amber, salt, oil, and chemicals ; that it furnishes
the great highways of
book of physical geography. On the
maritime
great subject.
torians place
ought
to
commence
presented, in short,
historic
drama,
as
actors belong.
In the
climatic
life, and no surplus
Where,
on
the
other
hand,
a
where man is
goaded out of
and lured on
alter-
ing importance. The character
condition
seasonal temperature with its
and an inhospitable
valleys of the Middle West,
with
abundant
rainfall
the
citizens
now
desired
only
and at
geological
formation.
In the first place we have the fundamental fact of altitude,
including the distinction
black belt and the hill
lands of
the
flicts
beneath the
surface. There
metals. While
that the metals
like
hay,
wheat,
of obtaining
of
the
Asiatic
Indian
largely rested on rice. If cotton was king in the
South
to a great extent
natural
resources
is
To
is the key
Of at least
cow
beast of burden. Their
was perhaps the
it was in great
supremacy on which so much of past civilization has rested.
It is
race.
German Hansa
position
of the great rivers
five
on
water communication.
mart
of
transit
Assyrian
civilization
this character
of the world to-day,
author, Demolins, has
and from
Babylonia
up
to Syria. These ancient avenues of civilization, and even the direction
which civilization should
earth's
running a part of Europe, can
be followed
by
natural
obstacles,
quarter
to
the
spot
,A fixed home
scattered
families
progress
on
their
own
barren
steppes,
soil of China
sufficient food without
y no means the best
basis for the
not at all
advance
when
she
industrious
laborers.
and laborer
so brutally disregarded
soil
is fruitful without tillage, and there is no industry to ennoble labor.
Great
fertility
of
population.
As
land
such,
has
of
persistent
of the higher becoming
the
phenomena, I
wUl name
other climatic trait that appears to be an important factor.
I refer
And it
a
familiar
raise unexpected
of different
up
more
depends
hot
and
in the torrid zone,
of
tracts
parched
with
further-
equal,
localities
The
Phoenician civilizations. But
of
when stated in
 
and on through
from
the
borders
of,
have
the
areas into
We have
the Semitic
spurred on by
as was the
connection with the
dominant
races.
We
in Egypt.
imply that it was so in
Central
than
those
of
a
skin
accompanies
varieties
of
men,
we
to
rapid
evaporation.
thus resulting determines, of
also
makes
feel very apprehensive
say,
a
few
process
has warped its natural movements, and
too
from this
likely
to
the mere
that,
in
a
under-
each
other,
it
is
also
in
an
early
whatever
excites
in
the
mind
special
tendency
to
inflame
the
power ; he can, as it
were, pass
phenomena are
or
to
en-
to generalize
they are governed.
causes
and
agents
character are
a
hard
question,
but
fortunately
one
Asia
and
the
energy
of
 
(northern)
Europe
are
full
of
spirit,
but
but have no
others.
a one-sided
is
a
happy
and
literary,
and
the
third
greatest
studied both with refer-
the effects that they
goes
accomplishment.
at
a
age.
Some
things
accu-
nature above
up
the
Roman
Empire,
The spirit
are convinced
out
of
the
new.
III.
it
is
a
cause,
thought
de-
nounces
degrading.
He
sneers
is
that
Mr. Buckle
free
will,
and
extremes. Both
individualities and
be ready
war
seems,
promotes
the
well-being
a mission
in Central
from
which
only
their
he
in
a
 
the
hence
the
very movement of events
various possibilities. History
necessity
fatality of Nature and the
fatality of historical
surpassing
small.
. . . But
the
social
value
of
the
process
of
minds.
It
such
minds
given time it
exist are only
use'
those who
possess talents.
force of human society.
for them there would
produced
it
are
included
among
such
forces
development of
which placed
evolution, like
selection
in the
in
the
of the self-consciousness which
prefer-
ence.
traits,
and
seeks
to
develop
Mexico when children were bom of a very light color,
as
occasionally
the
earliest
records of the white race exalt especially the element of
white-
ness.
Mediterranean peoples, their noblest
Thus
as most Chinese
Melanesia if
it
well knovra
than doubled,
Irish
the open
Some sections of the United States have almost no immigrants
thus,
are
only
about
400,000
foreigners,
furnished laborers and workmen
so that of the
foreign element
upon the
course
of
boring white
negroes, and the
struggles
between
two
or
number of distinct races
oath
in
eight
different
languages.
Yet
are
spoken
there
a
marked
influence
on
through
the
country,
provinces
immediately
to
the
who
people
in
Bohemia
a
compact
mass
in
sea-
ports
part of the
their migration
distinct
branches,
Croats and
of the
there to-day are descended
throughout the center
population, except in
culture,
of
the
whole
people,
are the most numerous and by far the most powerful of the
races.
They have ruled the country ever since their first invasion at
the
and in fact
is of
under
Stephen,
their
The fact that the
to
complex
questions,
some
of
them
the
peoples
low-
est
in
the
tropical Africa,
honesty,
English
as
with a history
the
problems
sooner
least to trouble
numerous,
a
of the Poles within
destined
to
disappear
his
habits
he
an increased
are
bom
we must
better, even
nothing
in
the
out, as with
latter fear
under the
resulting in
It is at
Mediterranean
branch
of it,
frontiers,
we
and knowl-
surprising development
of the
ing people. Statistics show that in Europe,
while the
free intermarriage restores
may
by
the
Though the
springs
differ-
more
nationality,
The Ger-
mans, owing
to the
of national-
educated people
listened to
to
as
a
nation.
The
The
impulses
to
na-
than
ever
before,
even
among
the
Austria
especially
was
Italy
and
of
organized them in one
are not so certain.
Nationality clearly has a closer and stronger connection with the State
than with
nation, and nations
receive their character
State. Hence there is
Nation.
natural that it
should ask to
become a State.
dangerous
to
the
of
this is the looseness
—
to the
tendency
cost
which
was taken away from them on the ground that its inhabitants
were
belonged
to
Germany.
their
one principle
about which
on human
affairs, depends
self-sufficing life
been replaced
. . .
as
the
nationalistic
own
destruction,
and
unless
some
formity
of
characteristics.
them by the
mar-
riages
invent
and
conform
woman
was
pos-
such that they had no refuge elsewhere than in the
bosom of the
The
consequence
was
it
without
impatience,
moderate
level
world in
as
emigrants
into
tured all
them
to
celibacy,
made
another sweep of her huge nets, this time fishing in stirring
waters,
to
catch
those
truth-seeking, and intelligent in
therefore the
if
occasions to breed the
and, again, the
stupid. Thus, as
her
It
is
very
of'
to
the
improvement
of
the
of showing his abilities,
into
and
scholar-
early
sentiment
neighbors. This is
believed that he had
as
follows
an aptitude
administrator
skillful parliamentarian,
not absolutely,
essential ; it
is the
of
the
with
instructive
differences.
1
transitions,
are
indicated
by
con-
sciousness.
We
society
which
The period
permits and
fellows
ities form
at
They are inspired by the belief that what they
behold in themselves is divinity. They so represent it to the masses of
the
masses.
sanction secures obedience to
only
incites
to
The priests
must
also
results.
the theocracy.
to the immediate
intervention of divine
command. It is
servile.
It
raises
sovereign
organi-
zation
are
and
of
political
and the
knows
itself
and
it
successfully.
They
The state, the
in
through history.
been expended in
has been
ceased to be
Many are the
of this great light.
whole human
race shall
come to
the consciousness
cases identical
the actions of
men may be
common weal.
internal soon
unit.
Indeed, it is probable that it is this necessity that is first consciously
felt. With
communal life,
To these
that
Thus is
the people
not only
is utilized for
becomes a
widen with
and
endowed
with
of structure comes
strictly defined and their scope and manner of exercise more
and more
fixed rules,
at
its
then
stage
of protection
soci-
would
really
in
they
camp
other
not
the
distin-
guished
or tree,
certain rules of inheritance,
rule
of
sav-
its
object
have ultimately forced
supposed, that
among
them,
necessary
to
dis-
the
;
of
the
totem,
cision and
initiated
tity, and of
within that
women
dren
in the same generation
glimpse at
been
human,
unlike
to and connected
savage's view
Power,
dealing
a
prohibited, or taboo. The
but they
with
the
apprehension of
danger. A man is walking along a path, and is struck
by a falling
be
the
the Tree-Spirit, offended by his action in
using
the
sacrifice
to
state
disci-
was known,
the patriarchal family
Kinship
was
only a larger kindred.
branches and
widened into
is well
lized
more
history, you scarcely perceive
the families com-
posing it. In
Greece
ceased to have
was
brought
to
the
family
relation.
The
authority
furthest back, the
ties of blood, he
to adopt the wor-
inheritance
what it would have
and
new family could
or
city religion.
It regulated
at
the
religion
of
the
city.
A
foreigner
and
a
citizen
during long
Where
.
. .
gave man
magistrates, to have
—
enslaved to the state.
and of affec-
of
which
all
everybody
knows
how
immensely
races
are
ably
complicated
up
mediocrity
and
to
merits. In savage
certain
considered
are
not
primarily
mind
merely
the
arts
conquer-
ing
group.
constituted as
ent. With such an intense internal polarization of interests, the
conquering
race
carrying
out
of
correlative
and
duties
enlistment
race may hold
question of
egoistic,
but
to
the
result.
These
are
from the former
organization
war
and
:
^
development
communities
of
the
modern
type
a
bait to
the military
old
wooden
of
tend to
produce a
modem
world.
became
directly
connected
. . .
of these host leaders
tribe, extends his authority
This needful cooperation
most
childish
origin,
early society. As
guide
states the fixed rules
of mind, of
authority
sort of
the separation of nations,
now
eliminated and good
of nations
together in the
The
majority
of
the
doubt
history delineates great monarchies, each composed of a hundred
customary
groups,
to be
of enormous
are the first
it
was
comparatively gentle and guidable
And indeed the
world the
all,
the
it wherever found.
conquering
race.
conquering
race
the
advance
the direction of
was
than
went
by
which
.
. .
the
artisans.
... It
was
of
the
feudal
conserv-
the voters. Next
property
and
afterwards
at
the only
practicable one. . .
enrolled
as
accomplished with the
purposes, but
artificially
redrawn,
it
to
a
The
but the
preserve the purity of an ancient blood. It
is
become united with
it in blood.
of
is
preserved
in
related peoples that
It endeavors to
subordinated
to
of
to
Statues
Such are the achievements
to
civilization
two
a
The following
indicates a number of
illustration
or elders and the
The council then becomes
observed different
for
necessary
stage
Then,
the
has
progress
in
the
a
stable
democratic
of the
same
we
itself throughout this period
emplo)dng mercenaries gives
Macedonian
predominance
and
empire
closes
and
we
come
to
the period intervening
use of
form.
king
was
largely
estimated
with
a
view
to
war
of
a
hereditary
proved
itself
efficient.
We have noted again that the development of the city
state out
of the
walled
town
in
war.
And
finally, the predominance of federalism in the last stages of the
history of
empire, of having states
Provinces.
At
the
same
time,
the
police
duty
itself
from
without.
was unexhausted
worse
mob
rule,
and responsibility.
a
new
stage.
II.
The
Medieval
State
is important
to observe
of that
ancient Latin
conditions
in
western
Europe
that
led
to
insignificant practices, of
the early
the pressure of
Men had
because the
inability of the ruling race as a whole
to
rise
above
them.
The
difficulty
of
difficulty,
we have
Germans must
of necessity
obstacle
in
the
reconstruction
was
indication,
by the
leges,
was
originally
built
by
to crude
if
proposition that such a system is
ideally the
best way
to accomplish
medieval empire. The theory
Empire
is
imperialism,
a
theory
of
and need
not be
that
the
for
intelligence
To
praise
Frankish
con-
 
:
liberty
58.
the
him could
rightfully be
common aims or
effort of people
Presently came
personal
and
trade.
Following hard upon these, the Renaissance woke men to a
philosophical
study
of
to
right
of
individual
judgment.
Erelong
the
scholastic
out of that struggle
fall before
Just
as
his
task
possible.
In
and
Spain,
60. Science and
as we
conditions
guilds,
the
period. People
chief
obstacles
to
respect for
the past
and, by
in
two
cen-
turies.
We
have
century, the European monarchs
of
relative or friend on
in
natural
science
served
to
power.
But
when
at
treasury,
they
seized
the
abuses,
and
had
great part
Empire,
he
prepared
the most powerful European states of
to-day.
has been
has come into existence in the
Balkan peninsula. Everywhere
and
have
more
or
less
gracefully
by a constitution.
new laws and the provisions of his yearly budget to
a parliament, upon which
very
large
has
been
incalculably
assem-
imperialism.
European
powers,
especially
England,
continent of
Asia has,
of European
past two hundred years.
assemblies
those connected with
control
ties
them from injuring one another, and
in promoting
Burgess,
univer-
com-
prehend.
The
principle
of
self-government
state there
between
is
of
Teutonic
political
nations par excellence, and authorizes them, in
the economy of the world,
to
nationality may
 
and
index
to
the
of nationality, that is to say,
a
ground
map of Europe.
rise
to
demarcation
this
reason:
While
con-
sciousness
national
feeling
their
sympathies
become
more
cosmopolitan,
and
unity
will
thus
exercise
union. At the
national
1
Copyright,
1896,
No
one is yet prepared to prophesy the outcome of this movement
toward
sia,
pressing
should
be
themselves. In
are dictating the
striking
was to
follow across the
the
development
of
social idea,
66. Aspects of the
cal development may now
the
theory
typifies the power
period
substi-
tuted
the
developed
the
out by
exploration all
confederation,
combin-
ing
in
to
the
autonomy
and
nationality
by
states.
and
tions
of
preceding
trast in
daughter
its capacity in war, in law
and
in
century,
Europe,
the
com-
peting influences of Spain and the United States, and even affected
in
Jefferson and
Monroe. Germany
to governmental
the modem
of the principles
important
subjects
with
which
men's
of
human
to
in our
a comprehen-
of the
church and
involved.
Witchcraft,
in
history
are
almost
necessarily
developments in
following
extracts
from
judiciary, and
and
came
to
in
thy
ways
See
all
the
people
shouted,
judgment,
between
blood
and
blood,
between
. .
and
the
two
tables
of
the
: . . .
God, and the writing
of
Judah,
small
3.
And
and his
testimonies and
his statutes, with all their heart and all their soul, to per-
form the words
in this book : and
the
philosophical
definite
attempt
to
I
seeks
you
as
are
cultivators of
the soil
or
for our
state
the rest
The following, I con-
kinds
of
I think
that the
be
justice. . . .
The
constitutions
to
which
which has the general voice
in
its
stands
oligarchy,
democracy,
; and,
and
consti-
tentious and ambitious
most unjust man,
and contrast him
to
to
concerned
only
and
in
power
—
other
very poor, and a third in a mean. It is admitted that
moderation
are
likely
to
be
large. . . .
We
preserving states
every other form
rather than great honor for
a
short
time.
highest
offices
ticular forms
must
confess
I
prefer
other
portion of power should be deposited in the hands of the aristocracy,
and
to
the
judgment
and
wish
it
to nature, universal, unchange-
prohibitions
restrain
us
should have studied
laws of states
God's.
36.
Jesus
were
of
this world, then would my servants fight, that I should not
be
For there
is no
damnation.
3.
For
tribute
his kingdom
Emperor Anastasius
is the
of your
salvation. In
teries
you
subordinate
did
when he
the latter indeed to
other by the hand
Empire
depends
on
to
hold
supremacy
by
day
and
the
lesser
luminary,
that gained from the sun,
so the
ment lies in the
in two
are,
as
it
is evident from the Word that the
two
lights
further on.
measure. But
son
should
honor
his
and
temporal.
which,
ruler
a
prince
towards
subject
it or not according to necessity. . . . And I know that
every one
above qualities that are considered good ; but because they can
neither be
do
not
permit
may
know
how
to avoid the reproach of those vices which would lose
him
himself,
him-
if everything is
like
vice,
not cruel.
ought
that which is
situated in the
in
the
magistrate.
of
a
magis-
trate,
whether
means
deny,
excels all others. . . .
the laws, which are
their magistrates is to entertain
the
jurisdiction
delegated
to
that account
to esteem
duties
to
their
subjects.
But in
to
exception,
and
that
is
that it
ought to
whose
decrees all their commands ought to yield, to whose majesty all their
scepters
ought
to
submit.
James
I
I
am
next
to
come
cannot
do
this
a proper
idea of
that doeth
in
? ^
seen, the royal throne is not the throne of a
man, but
who
intimate and obvious manner.
It appears from all this that the person of the king is sacred,
and that
to attack him in any way is sacrilege. . . . Kings should be guarded
as
holy
things,
that in regard of the ©ath of
God.
Be
not
he
is,
there
nor repress
and so august
Behold an immense
the State,
king.
1
justice,
equity,
modesty,
mercy,
and,
in
some,
or assembly
their
representative
in
the
his
peaceably
is given
they make sovereign, by covenant only of one to another,
and
not
of
him
to
there can happen no breach of covenant on the part
of
the
sovereign
of Locke. Locke,
monarchy
in, and that is, a state of
perfect freedom to
;
counted the only
in them, may
ex-
tracts
:
authority
over
his
of
all
lawful
. .
Now, as men cannot create any new forces, but only combine
and
the
resistance,
with
the
whole
remain as free as before;. Such
is
to
But
the
body
politic
or
contract, can never
bind itself, even
or
which it
always right
the
and the
sovereign, to
State, the.
living organ-
ism as
bodies,
structure. .
but
defi-
eye. .
one by one,
the masses
some of
multiplication of units, causing
which
case impossible without
their actions
living
as
the
sets
of
organs
evolve.
The cooperation most urgent from the outset is that required for
dealing with environing
this
cooperation
and
. . .
during the
indispensable to
state as
a
are thinking rather of
(a) Every organism is a union of soul and body,
i.e.
has members, which
State, we
does
a
them in acts
pains to
understand modem
of things
things
not
are, than in
at once
observed. In
states
are
sometimes
cases
become
a
less
important
unit,
economically,
in
theory.
although just
difficult
to
ascertain.
As
far
political
authorities.
the functions
of government in almost any direction where the general welfare may
be
advanced,
different senses
in which
State, the sovereignty
merely titular, or
 
relation
its
control, determines what ends it
will
follow out and what means it will devote to these purposes, and forcibly
compels the execution of its plans. This power is the vital
principle of
continuous.
This
is
the indi-
the
given
territory.
the
term
governmental
ordinary government even. This is not
the
supreme
power
State
fire and
of a State
or self-
societies.
From
international
emphasizes
the
of truth.
;
until
we
reach
I contend,
is a
contradidio in
legal
limitation,
but
a
limitation
consciousness.
The
so-called
laws
of
to
against the consciousness
of the state
for the world
its citizens
to be
attainable from
the stand-
what
An
appeal
states
may,
and
undoubtedly
does,
each ; but
these
interpretations
only
an
anarchic
for
disobedience,
is,
the
external
authority
public
bound
The
the consent of
According to the
individual,
group
or
exacting
1
Copyright,
1896,
authority and obedience
inadequate
and
even
did,
com-
suc-
is
an
of
social
yield
other
conceptions,
each
a
community
where nearly all individuals most of the time actually yield loyal
obedi-
ence
supreme
the obedience of
is real, and
phenomena
of
power to
is from every point of view, psychological and practical, a
wholly
compel.
It is the power of
impression rather than of physical force, but it achieves the same
end
world,
through-
power
to
compel
overthrown
if
the
people
rose
against
dition,
the
been
been
able
in which practically
the creation of a general purpose
or
policy
yielded
assent
to
stages of social evolution
power
bulk
of
the
society,
it
popular government
can
derant strength necessary
long run a minority
may yield to
by
itate
and
especially
extent
—
is
of the
governed to
take arms
and try
have
found
rests
in the peers
of the realm and the constituencies of the House of Commons.
In France, it
rests in the electors of the Chamber and the Senate, acting
in
a
ultimate sovereign is the
in the
of three fourths of the states, may
amend the
I
think
able
that is not
superior,
I
important
the
political
effects.
past,
the
part.
in
recognized as having the legal right
to per-
voicing its will
bind itself not
 
legal
of the
grounds
In
naturally
be
found
or
in
the
will
the
fundamental
unpopular alterations, but if any changes
at
all
to
decide
in
such
or
a
legislature
of
this
body, as in France,
 
double aspect of the
legislature
happens
between the
electorate is the legal
sovereign,
in
the
change
the republic into an empire or into a socialistic form of govern-
ment,
illustration
might
eign is
the king
final, irrespective of the wishes of the electorate.
97. Sovereignty
expression of the state's will as
the manifestation of
organs
exercise only
through existing
State is expressed. In
the State
only displayed
cised.
express
con-
stitutional conventions, in so far as they have the direct
power
of
law,
th'ey
express
the will of the State and hence exercise Sovereignty. In
so
far,
in
which
this
exercise of its
pendent
body
lays
society
which
it
governs,
subjects
necessary
to
exercise
the
strictest
conferred.
On
which
completely uncontrolled.
powers
between
that the sovereignty itself is
capable
of
in
the
principle
ground
ble sovereignty
—
not
of placing limi-
found various restrictions
the Federal
State, the
 
a
civilization
custom
reigns
is
alien to the oriental mind, and the most ruthless of Eastern
despots
finds his power controlled barriers of ancient usage and religious
awe. Maine was, therefore, led
to
of
persons which has the power of compelling the other members
of
the
community
to
do
exactly
as
in the
description. But it
finds Austin's analysis inadequate.
lization it is only true as
the result of a process of abstraction which
 
attribute disregards
the
sovereign
shall
of the
competent
to
an absolute
when
considering
international
By
some writers it has been held that there are in
reality two distinct
or external
to the position
and all other persons or associations within its
territory. The
States, while
. . .
external
or half-sovereign.
the independence
division
State
must
when
presented
be
graded
forms
legal con-
ception of
sovereignty
upon
this
fundamental
question
philosophy so
results of this
almost be
said that
of
sovereignty.
possibility of
different conceptions of
to
of these
by
of
view
seen
validity. To
sphere of utility and
phenomena. In order
to restrict each
operation it
is necessary
authority
of the two theories
the
in
like
manner
is
law. . . .
The
great
political
the other
terms
with
different
signification.
organization of the state, of
its
municipal,
including
nature
of
The fact
that the
exist
ought to be
a
modern
in the
maintenance of
oppression will usually find resistance
hopeless
or depart
with the
to
of government can ever
a
the better
citizens, keeping
and being in fact
of the future.
This form of
revolution is likely
indeed,
only
of the
in it is, pri-
or to resist
may presumedly
a
reenforce the constitution
106. The
consent of the
principles and
lished should
not be
;
mankind
to
a
long
train
of
is their
on
convention
assem-
Body the most sacred
shall
occupy
Considering
national
independence;
authority
2.
The
measures
 
convenient
to
:
—
it with
Marathon, Ther-
classical
for the main object
of government.
to
be
called
been found
that
liberty
becomes
becomes
more
definite
state
is
and the
scope of
for
himself
; that
the
determinations
of
each other
; and that
those individuals
remain
free,
true that
the sovereign
state may
the modern
It
exempts
no
law,
and
no
to prevent
individual,
the
fact
they
gave
liberty
state
was
less
and
barbarism
a
contains immunities,
which
which the modern
quarter. This
the
despotism
confounds
whole power
and
in the soil
the petty
archic
governments
found
lodgment
this period individual liberty
against the
government itself.
for restraining the
liberty finds its first
the
eighteenth
century
or
utterly impracticable
and simple. The
These
;
has any practical
express
the highest welfare of the society and state in which
he lives,
define the elements of individual liberty, limit its scope and
protect
sphere
against
the
government,
by
the
same
power,
through
the
gov-
ernment,
against
that
power
powers
traces
the
peace
gether
sole aim. As
rule of conduct.
rule is better
this urgent necessity
not,
in
actual
practice,
eral and indefinite in character
that in almost
the
State.
The
irksome. Thus
remarked,
is
of
a
he will, without interference either by the political power or
by
private
;
of public affairs. Neither
freedom and individual
liberty
personal
liberty
were under
the control
of the
State. The
Christians
shows.
The possession of land carried
with
no longer existed. There were
now
only
based upon con-
not
rights
other
have become more sharply defined, and have been more widely
extended
factors mainly
modern, as
world were
community over the individual
it is impossible in
state of antiquity,
being
the other
greatly
of foreigners.
national
in the
following document
When in the Course of human events, it becomes necessary for one
people
to
God entitle
of America,
on the
independence.
employed my whole time in
that care and attention which
the important
to prohibit the further
Adopt-
and effect,
whatever I
Europe
those
colonies.
Finding
powers vested
clare them
article
to
take
effect
when-
ever terms of peace shall be finally settled with the
court
of
France.
In
crown
of
my
so great
how
language, interest,
whose election the Greek
cooperation,
equally
inde-
security, of great
of civilization,
for
the
Greek nation, if
of the laws,
means of
power.
From
that
and that
take
a
place
world,
advancing
along
nothing should hinder
the
that
one desire.
their amicable
satisfying national
requirements and
Bulgaria, united since September
that
this
act
Cuba,
demanding
that
ity
three
years
in
and hb hereby
the
militia
of
the
several
be
intention
control over
said Island
to its people.
this
ical
rulers. . . .
to the
power which
community
and
this
limitation
was
was attempted in
political liberties
or rights,
resist-
ance,
sup-
posed
to
represent
its
of human affairs, when men
ceased to think it
independent
power of rulers. . . .
government of
;
abuse of power.
over
power
. .
to
others. In the part which merely concerns
himself, his independence is, of right, absolute.
Over
liberty. It comprises,
first, the inward
speculative,
scientific,
liberties are not,
unquaUfied.
122.
Civil
state and federal
result of any
way of enjoyment ; they have
been
the
in order
freedom
and
opportu-
nity
may be traced more
people against the unjust
obnoxious
to
a
provisions with refer-
as guaranties intended
to life.
.
.
.
ently be
of
action,
acquisition and enjoyment
property, for the
of
rights
to
social
unduly
restricted
lege
those
cases arising in the land
or naval
or limb
without
the
cause of the accusation
to
nor excessive fines imposed, nor
cruel and unusual punishment inflicted.
124. Civil liberty in England. The following is
an outline of
who can
safeguards is
safeguards
whose liberty
is restrained
to
his
imprisonment
not be
safeguard
for
cir-
cumscription
of
ing
assent
common
maxim
realm, singly
by our
who hold
their meeting
tain place
come not. . . .
quisition
and
not
denied.
nor
will
we send upon him, unless by the lawful judgment of his
peers,
or
by
the
is
the
most
abuses in
only upon public
that secure
are equally
eligible to
virtue
of
the
9.
Every
pronounced
even
religious,
most
precious
citizen
and print,
subject to
it
assessment, the
collection, and
the duration
of it. . . .
established public
necessity evidently
just
criminal
offenses.
33.
The
domicile
without
molestation
; limitations
upon
these
rights
are
same
rights
as
by law.
the
land
the government
of the law and its adminis-
tration
too
easily
inclines
(1)
That
trust, to
account
for
(4)
That
the
In addition
:
the
right
office.
(3)
The
right
mental law
to
formulate
all
other
legislation.
(4)
The
right
to
people. President
New communities
experiments.
of
laws
and
the
initiative,
and
the right
to propose
of
voters
or
by
based
upon
the
total
the State office
Sec.
3.
Any measure
referred to
and be in
votes cast
thereon and
same manner in which
act.
as to
with the Tsar.
the course
of centuries
integrity, material
founding
disagreements
existing
between
course of
the national life. Autocratic Tsars, our ancestors, have had this
aim constantly
out their
good intentions
of
Russia
to
adding for this purpose to
the higher State institutions
is
for
this
reason
of the Interior
upon to
as well
the accusa-
tions against
.
. .
have
and
decision.
Fickleness
and
Insubordination,
old
institutions.
liability
and
friction
avoided
by
code,
enforced
by
parental
and
pressure
of
public
important for
who
a
com-
munity
body of
elders, its
government, undertakes
and
become
certain
actions,
Throughout
this manner from
at first largely personal
essential,
was when
it first
to
authority or lawgiver.
obtained. Furthermore,
by permitting
as best he could,
the
be best defined
that trade
makes
law
may, more-
such as we
a
But
(i) an
(2)
of the
has
backed
by
the
authority
and
power
in accordance with
conduct.
Analyzing
the
idea
further
laws may be
their
authority
or
legislative,
individual man,
regards
the
be
either
or acts to which
either of
latter
case,
one
case
the
sanction
in the
this last case, laws are
described
as
understand
a
command
issued
and
threatening
a
we
A law, in
the term, is therefore a general rule of human action,
taking
cognizance
by
a
sovereign
by analogy ; and any
It
showed that the task
rather
has
ex-
but
than this
by
legislatures
should
be
used
for
arises,
custom has itself
best
interests
go
to
the
the future, seems to characterize popular The dictates of pru-
dence
from
The
responsibility
represents in itself the
of
they
the
force
plans. But, so
which, in
per-
fect
not
do
certain
a
similar
it is
this regularity
credit those who a e best entided
to be
which isolated
of
mankind.
But
of human
Under such conditions Man may very well have acquired, in
precisely the same way as the
bear and
of the
was,
ultimately,
to
transmute
the
habits
to isolated
individuals. The
But
must
Instinct,
as
their
hunger
custom has aroused
a
frequent
source
of
an obvious inference
is in
of
a
social
source
of
mem-
ber
discriminate
very
man is itself accursed.
lucky if
a
distinctive
rights
little.
which
forests.
The
leges
barbarorum
influenced
by
commerce, were on
without
we
find the law of the conquered silently displacing the law of the con-
querors,
the law of the
successfully resisted.
True it
law as
but not compelling,
to
rea-
this difference
produced
a
marked
Where the principles
law
correct it is
cumbrous, ill-arranged, and barren
parts of the world,
seen,
either
law
or
English
rival
systems
prevail
it has re-
law
the individual
more advanced forms of
But
and
may
of them there may be developed, in the course of
ages, a
system of
rules of
private law
and provides reme-
dealings wdth
in all countries,
for in the
which
progress
of
may
of one nation has
conquest
other
best
present.
Yet
more
important
others.
that
transformed the law of Rome from the law of a small
Italian city to
the jurisprudence
men
characteristics. Many common
existing
1
Copyright,
1900,
by
which
to
evidence of unity
principles of
duties of man to
to
legislate
on
a
rational
improvement as
were more
experiences
that of
as yet an ideal
to be attained. The
formerly,
and
legislation
Preventive,
probative,
in the
nings
already formulated,
taxes
petty offenses
ization
profits,
device
of
reducing
of
the
expense
lines
would
come
between
Right is connected.
or individual holding
in-
dividuals
State, but in no sense represents it, even for a
special
purpose.
right is connected are private
persons, the
right also
is private. When one of the persons is the State,
while the other
From this division of rights there results
a
—
law.
 
either
they
 antecedent or
by
are
either
is good
only
one to another
variously,
hesitation
—
State
considered
in
accordance with
the classification
attempt
Criminal law.
classification
therefore a
part of
only
a
part.
istration
depends
authorities, whose
ities but
same
the administration
administrative law
the rules of
law relative to
the
government
rights
stress upon
and the duties
law
which
strengthening
practice
is,
notwithstanding
the
is, all rules
at
the
distinction
of state
complements it. . .
usage which
will follow in
classification
assigns
to
follows
assume
its
form
its regulation : that is its limitation of degree.
Law
than
absolute
even within the
relative
to
ing the commands
legal
of
social
con-
which
and unwise
acts
palpable dealings
active, organic
judgments of
the com-
of man, law the science of
his
up
with
The only universal
moral norms that ethics can reach are such as indicate, from the point
of view of existing moral conceptions, the
road
towards
the direction of
ends
the
we may
certain well-known
began
to
be
scribe objective
of society. Besides
culture, are
insured
by
political
life,
is
change
and
meet
the
demands
alteration of
to
can never
a higher
in foreign
 
expression
being
found
China
designation
of
Years'
War
;
;
Spain,
which
Confederation, and Venice
when the
Empire became
so dislocated
that it
was hardly
Japan,
rise of Sweden and
period. The eighteenth
their
resources hardly warranted,
of its
people, it
the representatives
the globe
race,
own
civiliza-
tion
the
concert of nations is to be preferred to the dead monotone
of
a
world
state.
and
of the civilized world
music,
to self-criticism
by the
successes and
mutual criticisms
created
becoming
welfare.
1
Copyright,
1900,
rivalry among nations is sharp, and calls for the constant
exercise
in order to avoid the
decadence that would
nations.
mood a
should, however, avoid the
suspicions
has
acquired
that mar
There
is,
misinterpreta-
tion
it to
of other nations,
trace
power to obtain
199
many
United
As
some
become,
or, except in
when
 
general field
Public international law, which treats of the rules and principles
which
are
generally
(b) Private international law,
conflict
of
Judge
Story,
expansion
introduction of
Civilized states,
their
dealings
with
uncivilized
communities
should not be extended so as
to
are
2.
scientific,
war,
into
conformity
with
of
natural
justice
between
states,
without,
however,
very
conceded an
obligatory force,
and
treatise
way a
law for
fact
denied.
This
tendency
state of international
vdthout setting
up or
and
Moser,
with
are
examples
here.
of states
able. Some of the most striking of these are the
differences
between
the
and her
Continent in respecting
century. Thus also
while her practice
in land wars
and
neutral, has for the
most part leaned in
periods, paved
(a) The dispersion of the Greeks in many colonies
which became
intercourse
of other
independent states,
entered,
to
the
peoples
brought
the seventeenth
national law,
and
practice
of chivalry and the respect for honor which it enjoined
introduced a
basis of equitable dealing which on account of the inter-
national
dur-
period was the establishment
inconsistencies
in
theory
sovereignty
by
which
the
acts
of
powers should
of sovereignty. The Crusades
the
dominance
of
international
intercourse,
to
159. Importance
mentally affected the
the ideas
international relations was the conception of
territorial sovereignty due to
duties of individuals within the State came to be
associated
inference that the sovereign of
the
com-
in
science,
upon the law of nations, as that
term is
the
century,
of
perceived
to
the
subject
of
which
it
treats.
merits of Grotius's work,
upon state
then
in
progress, had been marked during its course by a refinement
of
barbarous
and unoffending
Rhine, which stand
military
a view to the
had been
laid waste,
and commerce
should
to lighten in
may
during
standard
had
his
be nearly
nothing
contrary
to
actions
and
relations
_
the
of its successful
his
destructive criticism and the
ingenious theories
received even
science securely rests.
161. International law
enriched
im-
perceptibly,
additions
are
of the
of humanity
and justice.
to
to
neutrality
issued
in
1793
set
forth
showed
the
settling international differences
of recent
163. Present
tendencies in
international relations.
affecting
present
international
relations.^
of interests that
and definite. The
not only for
the
regulation
of
and
vnth
the
brings
the
field
difficulties that
in former
times would
disposition
of settlement. . .
Europe
for autonomy of
be
a
war
grow
closer, and the rules of international morality will increase both in force
and
number,
less of
Law we mean
why the rules
set them
conformity with
a supposed
the
process
outline of the vari-
time
binding in later inter-
a violation of inter-
(a) Prize and
dition,
form indicate the state
of opinion, at a given time, in regard to the
matters of which
to
evidence of what the
sources of international
or
understood by the
basis given
might arise. .
papers to
becomes a party,
national
intercourse. . .
. These
states
up
law
law
gave
a
quasi-
modified
by
nature
of
international
law.
(d)
Anterior
law
have
influenced
law.
which
the
em-
of political
dominium,
or
ownership.
a
Law
the civilized world,
impossible to regard these rules as
being
moral code
civilized states regard as being
binding on them
the
laws
enforceable
to be
capable of being
discovered ; or they
a reflection of
life of
not and cannot
be legally enforced
a common superior,
to
each
other
control ; and
with their
mutual interests
subject only
to such
and
tection
and institutions
any
ity
of
in their dealings
with one another, made from time to
time,
matter-of-course
acceptance.
follows :
comprising those
in virtue
or
subjects.
The
or
rules
agree
to
or
positive,
when
policy, or in statutes which are enacted in
support, or recognition of the
accepted usages of nations ; it
is said to be
their
international
relations.
The
to
consist
in
and,
within
its
no
authority
above
power
a
ordinary law
are, as
towards
them
as
indi-
there is no
not
the
only
method
by
which
it is undeniable that international law, like civil law, has
been gradu-
ally made more definite and coherent by a series of arguments
of
the
be continued
law have
attained through
has gradually been
an
intelli-
gible
system,
to
the
We
in which
strict
sense
applicable
to
a
use
extend
become law.
day
dis-
:
In former times, each isolated nation, satisfied with its own opinion of
itself and
by
mutual
ignorance
and
knowledge
and
under-
the world
to
serve
and
establishment
of
rules
that
are
sensitive
The nearest
the
every
such
country
mankind
impunity.
the aversion
is a
for every
nation to
with it than to
almost
mysterious
influence
strongest governments
to it.
applied the rules of
inevitably follows
external
when
it
the
purpose
actual
state
subjected to it. Nevertheless its position in law is somewhat equivocal.
Regarded
from the point of view of the
intervening
or
of
express
purpose
has taken
order
three powers
for
high
high
contract-
 
the
continuance of such
a state of affairs may produce, they had all resolved to
combine and
to reestablish peace
Japan
following extract
is taken
with
Russia and Germany and
a
recommendation
to
our
such permanent
statesmen
indicate
the
traditional
foreign
of
Roosevelt.
Washington
(1796)
—Europe
has
a
to us
gaged
in
frequent
to
or enmities.
States never to
political interests
their forms
Monroe
(1824)
of
power
turn
Webster
(^1842)
principles
concerns of
—
neigh-
bors
in regard
East, and
China,
we
have
cases
are
and material
betterment here
trying
to
better
and of
such peculiar
is not
our manifest
duty to
the deed and our sympathy
with
those
specially
our
duty,
for
the
conditions
that
deprive
be justified by the
condition
of
our citizens
are seized
at our
foreign
the irritating
a constant
and compel us to keep on a semi-war footing with
a nation with
of
are
henceforth
not
powers, in matters
of
the
the
whenever
that
independence
natural
the United States is practically sovereign on this continent, and
its fiat is law upon
the subjects
resources
combined with its isolated position render it master of the situ-
ation and practically
29,
1902,
forcible collection of
humanity has consecrated,
one of the
most precious is
to
Hamilton.
it is imposed.
of
which
they
given by Wheaton:
The territory of
inclosed
within
also
mouths, or
far as
or
estuaries
formed
by
their
as
the
sea
and
running
as
to
does
innocent
use.
nation
over
sounds,
straits,
and other arms of the sea, leading through its own territory
to that
of an-
is
common
to
all
the
convention
1878,
to the coast of the United King-
dom, or the coast of some other part of Her Majesty's dominions,
as is
any part of the open
sea
within
one
marine
league
of
be deemed
to be
Her
changes to which itself
face of the country, give
rise to various questions, according to the phys-
ical events which occur, and the previous relation of the river
to
such conditions, whatever changes happen to either bank of the
river
by
on
the other ; that is, by the
gradual and,
par-
may,
little of its
little,
mutations
previous function,
as
they
to
the
ambition
and
character and religion of its inhabitants
afforded
an
apology
for
considering
the
unlimited independence.-
But, as
they were
object,
it
conflicting settlements,
was, that discovery gave
made, all
habitants
pos-
due
form,
signified
its
consent,
in
all
States
or Crown lands,
belonging to the
and appurte-
ratified, and confirmed,
and
their
dependencies
be,
and
they
are
United
States
and
all
and
singular
the property and rights hereinbefore mentioned are vested in the United
States of America.
between
Nationality by
nations,
countries both elements
an English subject; save
States of
America agrees
nationality
became
the mother
give to
adopted,
as
also
by
others
in
remodeling
born
within
the
been
punished by
that an attempt against
for
of the question
a
fugitive
from
jus-
the state,
whose
was
the
in
May,
1856,
to the attention of
nations and'the laws of the United
States,
ject
himself
to the
special committee
of the
the
three hundred
years, when
Pope's
bull,
great deal more consequence
. , .
period. It
them.
note that
stood
eighth
in
the minister of King
to
Queen
Elizabeth,
 
he was met
Keiley.
Its
objection
was
states of the
church by King
The
countries.
asylum.
These
immunities
erty is exempt from taxation, though it may be otherwise
with real
ex-
empt
character
the ratification of
as
follows
when the
with Turkey cost
much less sum
would, in my
the exchange
made by her with Persia, gave
presents
to
the
value of four thousand
a
was negoti-
engaged in
ciples which
the United
States desired
thus
stated
The
shall
be
no higher harbor
of
other
nationalities
transported
through
such
equal distances.
be directed.
in conformity with
powers, the Imperial
be very favorable
durable
and,
to
to
propose
to
201.
J.
B.
States at the
the
conven-
and
modified
did not
limit itself
to these
a success
31,
1861,
between
Great
to
accede to
Spanish
of
intervention which resulted in the attempt to establish an empire in
Mexico.
of French schools
whole
nation
sense
as
general
It may be confined
Civil war is
of the whole, and
or
an
insurrection
government of
of American citizens
in war
The
breaks
without
delay ;
is a resident in
breaks out,
domicile,
of
Presumption
enemy's
country,
without satisfactory
and an enemy.
of
Guadalupe
Hidalgo.
property. They were
tion or
interest
with the necessaries
infliction of
any punishment
the enslaving
or otherwise
maltreating of
Convention of
amelioration of
the condition
of the
and other undertakings
as a class, and
are
immunity
from
the
effects
of
hostile
operations
as
stances
a
Article
sent is not
by
unfamiliar with
a wide
a
knowledge
to whom
To
an eminent
and
honored
the Secretary of
War to prepare
a
General
Order
they were
as having
As
early
as
1803
Art.
84,
it
was
recited
advantage of
212.
International
in the
signed
be free and open to
the vessels of commerce and
of war of all nations observing these Rules, on terms of entire equality. . . .
2.
stores in the canal except so far as may be
strictly necessary
least
war of a
except
shall
depart
as
soon
that universally prevailed
carry
on
the
Hague,
by
that
a
trade
from
which
to consider the rules of
maritime capture. On April
long been the subject of
deplorable
disputes
conflicts
2. The neutral flag
States
regarding
extend
the
rights
of
us
than
with
our traditions and temper are averse
to large
sea,
maintained in
search.
the
vessel
to
lie
to,
the
cruiser
whaleboat,
to
conduct the search. There may be arms in the boat, but the men
should not wear them
his
side arms, and accompanied on board by not more than two men of his
boat's ciew, unarmed, should first examine
the vessel's papers
and bound to
character of her cargo
by reason
Blockades are divided,
are, without notice,
to
be
to
the
forces or of
enemy, and
many,
rule,
aristocracy
(the
rule
interest of
to
Aristotle's
system
a
fourth
type
of
state.
1
governor
of
the
State.
people
are
244
i.e. collectively
they form
are subjects.
other
classes
and
tribes
to
In
type is
but
a
in its prince.
Democracy expresses the idea of the community of the nation, or of
all
individuals,
and
the
is
the
known
and
legally
the extent to
For the purposes
of international law,
the same prince, but are also united
for international
the
advan-
. .
Their
is
supreme
to
form
a
federal
union.
is
alone
a
sovereign
power.
commonly
called
a
semi-sovereign
jz^Zifram/y.
247
Willoughby, consider-
a classification
peculiarities
of
their
governmental
organizations.
the quantum of their power is the same. It may
be
that
the
or distinct organs, and, indeed, their absolute separation is im-
possible
that must be
by every State.
That the quantum of power exercised by all governments must be the
same follows from
the manner
is
II.
Forms
powers commonly
distinct
groups
according
to
the
possession
or
nonpossession
by
them
of
some
men,
servants
their
dis-
cretion.
done in the faith that the Chamber will feel its
responsi-
bility
and
it should be
representative
system
checked
in
so
many
it
cannot
machinery
them. The supremacy
the representatives has
orders
227.
Classification
Govern-
be a supplementary
government.
one
voter
to
every
four
and
rises,
the
government
is
noting
the
body
alter at will the
lawmaking
body,
delegate to a
ditionally and within
a
delegate to a majority authority
to
govern
conditionally
and
rule.
a
in Russia,
Turkey, Persia,
etc. Or
organ
France.
Responsibihty
(3)
Those in which there is a nonresponsible plural executive ; as, for
example, the
(4)
Those
Federal
Council.
systems of
alone can limit
the government, and,
state
vests
all
governmental
authority
government
the one cannot
encroach
upon
constitution.
Either
may
be
changed
or
abolished
at
will
state
distributes
the
tenure
to his
in
which
the
or organi-
person
or
number of persons
ministry as a
whole also decides
will
by a
officials. The
not responsible
minister
to
temporary
appears on the
committees of the
OF GOVERNMENT
has many
about as well as
system, it is difficult to keep
up
a
stable
administration.
years has had
accusations
current language
them. These
initiative in Congress,
administrative
departments.
force by
and
The
cabinet
pos-
power,
the
whole
people. . .
It is quite possible and
even
likely
before the occasion. The great
quali-
crisis
the
storm.
the time
In each case the period
of
transition
would
be
abandon, not for the policy
he was
to administer.
IV. Modern
as,
in Russia. Or it may be vested, and this is
by
far
the
commoner
the
Crown,
always gives rise
to a good
sovereign
power,
it
has
Sometimes the
the German Empire, and,
England.
1
Copyright,
1900,
by
beyond
the
control
sub-
ject
to
its
control,
Empire.
also
very
little
power,
is
hereditary
with
small
power,
is
elective.
Another,
and
sovereignties
is,
constant action,
or at
least always
ready to
;
ordinary legislature.
important
distinction
which
have
modem France
was formed
at
Paris
in
act within
essential
nature
the deceptive appearance
taken on
organization
; while
expressed
democratic
they shall
psychologic
degree, over against
the
popu-
lations of other states. It implies, finally, that they shall have
risen,
in
their mental development, to the consciousness of the state, in
its
essence,
state,
has become truly national
con-
society and this form of state.
237. Modern national
238.
The
government
world
procedure,
of the future will
will be. It
republic,
with
centralized
will exercise
a veto
his cabinet
will
as
that
 
bound to
approve the
world will arrive
at this form
the United
States seems
all the rest in this line
of
progress.
In
spite
society, it seems
the United
solution
 
makes
ests,
but
com-
.
guarantee of particular rights
particular
territories,
etc. . .
their name imports,
tion into
Fersonalunion. There is,
nation is commonly
exercises one
or more
of the
its whole
territory, without
territory
by
agents
The
bare
relinquishment
a
material
impairment
this
do
states,
which
are
under
exercised
consuls'
nationality.
Such
also
are
the
nations,
portions
state
the lessee
has an agent
Of
this
from the guaranteed
state
is
unlike the protected state in that the rights exercised by the
common agent
thing
head of
the government
of one
institution,
compound
state.
Its
i.e.
is
no
compound
species
of
compound
state . .
a dual system
was therefore revolutionary,
whole state,
them, under
together
by
be large enough alone
they
imminent
only have
position of
clumsiness
of
settle
sort of treaty
obligations existing
confederation. In
states
merges
national states.
They differ,
or
de-
federal government exercises powers
authority of
the compound
: as
regards
(c) There results
of political
authorities is
defined
; each
well
over
strong to lead them
sufficiently
political organization.
which
a
Constitution. . . .
juristic
origin
sovereignty
a
people
from
new
posed
of
State in
may indeed exist,
associated
is
not
based
upon
commonwealths
the Common-
a peculiar
vested in gov-
as a
the contest
between and
nationalist position was defended
adopted
earlier
government,
so
and this form
ones. But
proper representative, adopted
state constitution itself
powers given
to the
of persons and
authority
war and peace,
territory
any state. . . .
It is apparent from what has been said that the general powers of
government
have only such powers
power
not
ent with
constitution ; while
hand,
general
that it has no powers save
those
expressed
in
in the language used. . .
of
federal
government
Likewise
sovereignty.
Transmitted
by
State
to
this doctrine
was deemed
the power
of a
own
will.
at
pleasure,
none the
attended, however,
by
impor-
tant changes of view as to the nature of the State.
The historic
of
juristic copstruction
Empire
and
ways
(13)
General
law,
states
shall
submit
to
the
which
. . .
of
the
Con-
import
duties.
sale of distilled liquors.
and as to the length
of
the
and
The form of
credit
in
alarm the
rest. Were he to subdue a part, that which would still
remain
it.
sound.
internal happiness of each, and
with respect
affairs.
individual
citizens.
and
act
of
the
could
be
them
a
them,
whereas
individual
recalcitrants,
however
numerous,
American
to
looser structure of a Federal government
and the scope it
a country may
into
a
contest
rely
on
the
amount
as the
diminishes
to
throw
recalcitrant,
unitary
ciently
dwelt on the drawbacks of localized legislation in a country whose
parts
to
to
are
prevented,
requiring as it
states,
individual capacities.
Examine Mr.
fested in
sundry instances.
tranquillity of
gradually
com-
how,
in
Achaean
towns,
real independence. We have
example of
a political
limits
of
a
take
and that the new
federal polity.
of
federalism
seems
An
examination
is
in
a
single
attempt is
framed covers
is based,
in
arise, so that the constitution no longer corresponds fully with
the
which
extent
from
law-
making
has
been
ren-
dered
of
of kind.
a law of superior
relations of
There
will
several organs,
and some
the rights
relations between
begins
a constitution, which may be defined as that fundamental law
or
together,
and which ascertain the modes
of
Legislation,
State.
leading
t