VII. That to enable the United States to maintain the independence of Cuba, and to protect the people thereof, as well as for its own defense, the Government of Cuba will sell or lease to the United States lands necessary for coaling or naval stations at certain specified points, to be agreed upon with the President of the United States.

By a treaty concluded July 2, 1903, certain areas at Guantanamo, on the south side of Cuba, and Bahia Honda, on the north side of the island, were leased to the United States by Cuba for naval stations.

Panama. The Republic of Panama was recognized by the United States November 13, 1903. On November 18, 1903, a treaty was concluded between the United States and Panama which, after ratification, was proclaimed on February 26, 1904. The first article of this treaty contains a guarantee by the United States of the independence of the Republic of Panama. The second article contains a grant on the part of Panama to the United States in perpetuity of a zone of land and land under water for the construction, maintenance, operation, sanitation and protection of a ship canal. In other articles a canal and railroad monopoly is granted to the United States across the isthmus, also the right to use its land and naval forces and to establish fortifications for the safety or protection of the canal, and, finally, Panama expresses its willingness to sell or lease lands suitable for naval stations on either coast.

6

Protectorate and protected States. It is difficult to discriminate between vassal and protected states or protectorates in the sense of states existing under such relations. "As they are for certain purposes," as Halleck says, “and under certain limitations to be dealt with independently of such 'protectors, it is necessary to regard them as distinct organiza

A compilation of Treaties of U. S. in Force, 1904, p. 609.

tions." The position of such states cannot be well classified or defined, as their positions depend upon the treaty or agreement of protectorate, which enumerates the rights and duties of the two States concerned. Probably Egypt, Tunis, Zanzibar and the little republics of Andorra and San Marino in Europe, best represent this type.

Corporations, chartered companies.-The corporations and chartered companies existing under English and German rule form also quasi-nationalities. They were represented in the past by the East India Company, and in the present by the German East Africa Company, the Royal Borneo Company and the British South Africa Company. These corporations, though possessing the sovereign powers with respect to native princes and people, act in subordination to the supreme power of the British and German Empires, and are represented by their respective states in all their relations with foreign sovereign states. Lawrence, speaking of a British corporation. as a type, "Like Janus of old, it has two faces. On that which looks towards the native tribes all the lineaments and attributes of sovereignty are majestically outlined. On that which is turned towards the United Kingdom is written subordination and submission."

Savages and communities not fully civilized." Communities not fully civilized, even if barbarous, are entitled to be treated with due respect for their natural rights. Unduly severe measures should not be resorted to, and international law, so far as it is in accordance with principles of justice, truth and humanity, is equally binding in every age and upon all mankind, laws ought to be respected in all cases, in absence of any convention, or of any usages.'

Individuals as subjects of international law. The last class of subjects affected by international law are individuals.'

Abdy's Kent, p. 8.

Individuals may in time of war, without the sanction of their state, or in spite of its injunctions, commit acts which bring them within the rules of international law and in a state of violation of the laws of blockade, of the carriage of contraband or of unneutral service by which they suffer capture and condemnation of their ships and cargoes. They may, as individuals, fire upon a belligerent force or upon an individual from a private house and be liable to be executed as an irregular combatant violating the laws of war. They may in time of peace become pirates and thus become liable to capture, trial and execution for their acts by the tribunal of any state in accordance with the tenets of international law. As a rule, states themselves deal with their own individuals, but in the exceptional cases mentioned above they can deal in war or peace according to the circumstances with individuals of another state.

Distinction between State and Government.-" Although in speaking of the state, we commonly think of the organization called the government, yet the two ideas are "separable. While it is true that a new state is not recognized till a government has been established in it capable of performing international obligations, yet it is also true that, after such recognition has once been given, the state may continue to exist, and its existence may continue to be acknowledged, even though the government may have been overthrown by an alien invader or destroyed by domestic factions, so that for the time being there is no organization that can be treated as the repository of the national power." *

De facto Governments.-A de facto government or belligerent community is a political organization, arising during a civil war or rebellion, which has established itself by hostilities or otherwise to such an extent that it can exercise sovereign powers and be entitled to all of the rights of war

Moore's Digest, Vol. 1, p. 40.

and commercial intercourse. De facto governments are of two classes, one class attains power after it has expelled the regularly constituted authorities from the seat of government or power and from the public offices, and establishes its own functionaries in their places, so as to acquire and represent the sovereignty of the nation. The other class of de facto governments is represented where a portion of the inhabitants of a country has separated itself from the parent state and established an independent government of its own. As governments de facto and not de jure they have not all the rights of a sovereign and independent state, but they may be entitled to recognition as a belligerent community or power. If they are so recognized they are treated to an extent as though they were subjects of international law. Uncertainty as to their permanence prevents their recognition as having free statehood. "But meanwhile," as Lawrence says, "they are levying armies, equipping cruisers if the contest is maritime, and carrying on war in a regular and civilized fashion.""

The effect of recognition of belligerency, as it is called, gives these governments the position of independent states so far as the war is concerned only, they can neither negotiate treaties nor regularly accredit diplomatic ministers. If successful in maintaining their position these communities in due time will be accorded a recognition of independence by the other states.

"It is a customary rule of the law of nations that any state can recognize insurgents as a belligerent power, provided that (1) they are in possession of a certain part of the territory of the legitimate government; (2) they have set up a government of their own; and (3) they conduct their armed contention with the legitimate. government according to the laws and usages of war."

99 10

'Lawrence's Principles, p. 78, 3d edn. 10 Oppenheim, Vol. 2, pp. 86.

Insurgency and belligerency. In a forcible separation and formation of a new state there are usually, but not necessarily, two antecedent stages through which the new community passes before arriving at its successful independence. The first or preliminary stage is now named insurgency, and takes place immediately after the appeal to arms; the second is when the insurrection has established itself with sufficient stability and strength to have conceded the state of belligerency or the rights of belligerents.

In some cases the insurrection may not get beyond the first stage, that of insurgency, as in the Brazilian insurrection of 1894, or it may reach the second stage-belligerencyand get no further, as with the Confederate States in our Civil War of 1861-1865, or it may gain its end as insurgents, never having been recognized as belligerents, as in the case of the Chilean insurgents in 1891.

Insurgents on the high seas.-Although the right of insurgents to carry on hostilities on land within the territory of the parent state has never been denied, their appearance upon the high seas, coastal waters and sea-ports of their own country has led to an anomalous condition under the tenets of international law. As they were in the service and flying the flag of a government not recognized by the various states of the world, their position upon the high seas has been classed as akin to piracy. Even in comparatively recent decisions of courts they have been referred to as pirates when upon the high seas.

The impropriety of this reference is not only illogical but, as Hall very pointedly observes," "It is impossible to pretend that acts which are done for the purpose of setting up a legal state of things, and which may in fact have already succeeded in setting it up, are piratical for want of an ex

"Hall, 6th ed., by Atley, p. 255.