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Observance of National Anniversaries.-Vessels of war in foreign ports celebrate their own fêtes according to the regulation of their own government. Courtesy also requires them to take part in the national fêtes of the place, by joining in public demonstrations of joy or grief. The same mark of respect is shown to vessels of a third power which celebrate fêtes in foreign ports. But if such celebrations are of a character to offend or wound the feelings of their own countrymen, or the nation in whose waters they are anchored-as public rejoicing for a victory gained-ships-of-war will remain as silent spectators, or leave the ports, according to the circumstances of the case. In public ceremonies upon land the commandants of vessels or fleets usually land with the officers of their staff, and receive a place of honor according to the hierarchy of rank, precedence being determined by grade, and, if equal, by date of arrival. In case of disputes as to rank, it is proper for the contestants to withdraw, and become mere spectators of the ceremonies.'

the commander of the vessel and is accompanied there by the same officer when leaving. The officer who is sent with the customary offer of civilities is met at the gangway of a vessel of war by the officer of the deck, and is presented by the latter to the commander of the vessel.-Par. 422, Ibid. A vessel of war is approached and boarded, by commissioned officers, by the starboard side and gangway. In entering a boat, the junior goes first and other officers follow in order of rank; in leaving a boat, the senior goes first. The latter acknowledges the salutes which are given at the gangway of a naval vessel. Par. 423, Ibid. Naval vessels fire personal salutes to officers entitled to them when the boats containing them have cleared the ship. It is an acknowledgment of the salute by the officer saluted for his boat to lie on her oars from the first until the last gun and for him to uncover; at the conclusion, to give

way.

Personal salutes are not returned by military posts.-Par. 424, Ibid. 'I Halleck, p. 116. In case of vessels of war of foreign powers at peace with the United States lying in our ports or harbors and celebrating their national festivities, the commander of each fort, battery, or military post may participate in the celebration by firing salutes, parading commands, etc. In such a case the flag of the United States will be hoisted and lowered simultaneously with that of the ship on board of which the celebration occurs. - Par. 425 U. S. Army Regulations of 1895; see, for a similar requirement, paragraphs 175 and 176 U. S. Navy Regulations of 1896. General Orders No. 57 of the War Department, dated March 28, 1899, and published with the concurrence of the Secretary of the Navy, contains the following requirements in respect to the interchange of visits between officers

References. For a discussion of the fundamental, or perfect, rights of states, the student is referred to the following authorities: Hall, “International Law," pp. 45-50; Creasy, "First Platform of International Law," chap. viii,; G. F. De Martens, “ Précis du Droit des Gens," liv. iii. chaps. 1-3; liv. iv. chaps. 1-4; I Halleck, chaps. iv.-vii.; Snow, p. 21; Vattel, prel. chapter and chap. iii. §§ 31-48; Woolsey, $$ 36-52. For the rules and forms of international ceremonial, diplomatic, naval, and military, see I Halleck, chap. v. §§ 15-29; I Ortolan, “ Diplomatie de la Mer," chap. xv.; I G. F. De Martens, liv. iv. §§ 126–138, 158–163; II Ibid. §§ 175-184; Heffter, liv. iii. chaps. i. and ii.; Vattel, liv. ii. chap. iii. and the naval and military regulations of various states. The subject of "Imperfect Rights" is treated by Creasy, §§ 15-23; I Phillimore, pp. 181-183; I Halleck, chap. xiii. §§ 1–25; I G. F. De Martens, liv. iv. §§ 125–151; Vattel, book ii. chaps. i. and ii. Under the head of duties, or moral claims, this subject is quite fully treated by Dr. Woolsey," International Law," $$ 22-25.

of the navy and the officers having
to do with the administration of
the islands, or groups of islands,
now occupied by the military forces
of the United States: "The term
governor-general shall be taken to
mean an administrative officer un-
der whom officials with the title of
governor are acting. The salute
of a governor-general shall be sev-
enteen guns.
All naval officers in
command shall make first visits
upon the governor - general what-
ever the latter's military grade.
Officers of the army holding com-
mands under a governor-general,
or acting as governors of provinces,
departments, or cities, shall make
the first visit upon a naval com-
mander-in-chief, if the latter is of
equal or superior grade, as shall
also civilian governors of provinces,
departments, or cities. If not a
commander-in-chief, the first visit
shall be made by the senior naval
officer upon officers of the army
holding command under a govern-
or-general or acting as governors
of provinces, departments, or cities,
if the latter are equal or superior
in grade, and upon civilian govern-
ors of provinces, departments, or
cities. Should the governor-gen-
eral be a civilian, and therefore not
holding direct military command, 、

the naval commander-in-chief shall make the first visit both upon the governor and the army officer in chief command of troops in the island or group of islands, if the latter is of equal or superior grade. Visits should be exchanged under the above rules between a naval commander-in-chief or senior naval officer: (1) With the governor; (2) the governor of a province, department, or city; (3) the army officer in chief command at a place where there is a civil governor. Should the governor-general or any other officer administering the government of an island find that from indisposition or pressure of important business he is unable to pay or return these visits in person, he will depute his aide-de-camp or some other officer to do so. In like manner, should a naval commander-in-chief from indisposition or pressing occupation be precluded from paying or returning these visits, he will depute an officer not below the rank of flag-lieutenant to do so. In each case the officer failing to pay the required visit in person will report the circumstances, and assign the reasons which led to the omission, to the department under which he is acting."-G. O. 57; A. G. O. 1899.

To bido trump & got no rive
But take notice, dear Kibitzers

To work wit!

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CHAPTER IV

NATIONAL CHARACTER: CITIZENSHIP, NATURALIZATION,

EXPATRIATION, DOMICILE

Citizens; Subjects. Although the parties to international law are sovereign states, those states, as we have seen, are composed of individual units, or members, called, variously, citizens or subjects. A citizen or subject may therefore be defined as an individual member of the body politic, owing it the duty of allegiance and support, and entitled, in return, to its protection as to his person and property.' The terms citizen and subject, as used in international law, have precisely the same meaning; they apply to all the inhabitants of a state, of both sexes, and of all ages and conditions, who were born in its allegiance or have acquired the quality of citizenship by natu

1 The very idea of a political community, such as a nation is, implies an association of persons for the promotion of their general welfare. Each one of the persons associated becomes a member of the nation formed by such association. He owes it allegiance and is entitled to its protection. Allegiance and protection are, in this connection, reciprocal obligations. The one is a compensation for the other; allegiance for protection, and protection for allegiance. For convenience it has been found necessary to give a name to this membership. The object is to designate by a title the person and the relation he bears to the nation. For this purpose the words" subject," "inhabitant," and "citizen" have been used, and the

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choice between them is sometimes made to depend upon the form of government. Citizen" is now more commonly employed, however, and as it has been considered better suited to the description of one living under a republican government, it was adopted by nearly all of the states upon their separation from Great Britain, and was afterwards adopted in the Articles of Confederation and in the Constitution of the United States. When used in this sense it is understood as conveying the idea of membership of a nation and nothing more. Minor vs. Happerset, 21 Wallace, 162; United States vs. Cruickshank, 92 United States, 542; the Pizarro, 2 Wheaton, 227.

ralization. The term "citizen" is applied in states having republican forms of government; the term "subject" in those having monarchical institutions. The civil and political rights of an individual, in the state of which he is a citizen, are determined by its constitution and laws; without that state his rights are determined, as will presently be seen, by the rules of international law.

It is proper to say, however, in this connection, that it is not an essential condition of citizenship that an individual subject or citizen should have any share in the government of a state. His position at international law is the same in either case. The right of suffrage is strictly municipal in character, and is a privilege granted, or withheld, by a state in accordance with its constitution and laws. In some states it does not exist, in others it is greatly restricted, in none does it extend to all who have the rights and privileges of citizenship.'

Extra-Territorial Privileges. In addition to the rights and privileges which they enjoy as citizens of the particular state to which their allegiance is due, these members of the body politic occupy a well-defined status which is recognized by the states into whose territory they may come as travellers or sojourners. In their capacity as citizens of sovereign states they become entitled, while thus travelling or sojourning abroad, to certain rights and privileges which are determined, as to their nature and extent, by the rules of international law.

Citizenship and Domicile. The law of nations, which in this regard is supplemented by the municipal law of most civilized states, ascribes to each individual two legal states or conditions: one of these grows out of his allegiance to the state of which he is a citizen or subject; it is acquired, as has been seen, by birth or naturalization, and constitutes his polit-

In the United States, however, ed elsewhere as citizens of the Unitthe curious anomaly is presented ed States, nor would they become of an alien being able to acquire entitled to its protection while the right to vote, in many states travelling abroad.-Lanz vs. Ranof the Union, without becoming a dall, 4 Dil. 425; Cooley, Const. Law, citizen of the United States. But pp. 79-80; Morse on Citizenship, such persons would not be regard- §§ 1-28.

ical status; the other is based upon the well-known principle of law that the validity of an act is determined by the law of the state, or locality, in which it occurs or takes place — that is, by the law of the individual's residence, or domicile-and this relation constitutes the civil or legal status of the individual at international law.'

National Character and Domicile, How Determined. It may therefore be said that the political, or national, status of an individual is determined by his citizenship, a quality which is itself determined, as will presently be explained, by his birth or naturalization; his civil, or legal, status, which is quite independent of his nationality, or allegiance, depends upon his domicile, which may be defined as the place in which he has voluntarily established himself for purposes of residence or business. So long as the individual remains in the state of his birth or naturalization, his citizenship and domicile remain the same; the instant, however, that he leaves the state of his allegiance and passes into the territory of a foreign state, either as a traveller or for residential or business purposes, they become separate. His citizenship, unless he becomes. naturalized in the new state, remains unaltered, his domicile, on the other hand, changes with each change of residence or

1 Story, Conflict of Laws, 8th ed. pp. 40-57; II Kent's Commentaries, pp. 39-69, note; II Wildman, Int. Law, p. 36-117; IV Phillimore, pp, 42-46; Field, Int. Code, §§ 261, 280292; Morse on Citizenship, §§ 3-24.

In the leading case of Udny vs. Udney (L. R. H. L. § 441), Lord Chancellor Hatherly said: "The question of naturalization and allegiance is distinct from that of domicile" (p. 452). Lord Westbury, in his remarks in the same case, said, "The law of England, and of almost all civilized countries, ascribes to each individual at his birth two distinct legal states or conditions: one, by virtue of which he becomes the subject of a particular country, binding him by the

tie of natural allegiance, and which may be called his political status ; another by virtue of which he has ascribed to him the character of a citizen of some particular country, and as such is possessed of certain municipal rights, and subject to certain obligations, which latter character is the civil status, or condition, of the individual, and may be quite different from his political status."- United States vs. Wong Kim Ark, 169 United States, 649, 656; Cockburn on Nationality, 7; Dicey on the Conflict of Laws, 173-177; the Charming Betsy, 2 Cranch, 64, 119; Inglis vs. Sailors Snug Harbor, 3 Peters, 99; Boyd's Wheaton, § 151A; King vs. Foswell, 3 Ch. D. 520.

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