If the States are equal and sovereign, it neces sarily follows that no State can extend its legis lation beyond its borders. A nation's territory ineludes the land, the unineumhered space above the surface, and marginal seas. A river wholly within a country is subject to its jurisdiction; if it form the boundary, both nations hurt equal rights of navigation: if it rise in one and flow through another country., vomits- should allow the upper State to use the river to its month. Itut comity is not law. and rights of navigation in such Ca are secured by treaties, as in the case of the Mississippi in IT115, and the Saint Law rence in 1S5t.
Lakes naturally fit the State inclosing them. In the I, cited States the Great Lakes are considered high seas, and bodies of wa'cr ing them with the ocean share their nature.
Marginal seas 11) a marine league from shore are subject to jurisdiction of the State washed t licreby. a MI Vic la 1 c exercises jurisdiction over all merchant vessels found within this limit. If gulfs, or id lIcr inlets are less than two marine leagues in width, they are likewise ex elusively subject to the State, and even if the opening he greater than six miles. international law permits ex•reise of exclusive jurisdietion. and Chesapeake bays arc inclosed, not high seas.
Merchant vessels on the high seas are subject to jurisdiction of the flag they float. for the rea son that the seas are unappropriated and assump tion of jurisdiction in such rases does 110( inter fere with the rights of any other State. Bowe, a crime committed by an sailor nn a British merchantman on the high seas would he triable in England: but a merchant vessel in a foreign port is subject to the jurisdietion of the port unless exempt by treaty. The French rule. adopted, exempts the vessel from jurisdie tion of port unless crime committed on board dis turbs the peace of the port. For reasons of State, NI a I-- vessels are wholly exempt front foreign juris diction.
Such is the property a State naturally owns. Other property, real or personal, may be ac quired. The acquisition of personalty offers no diffienIties, hut the ease is otherwise with realty. International law sanctions four methods of ac quiring territory: ( I) Occupation of vacant or unoccupied land, as in ease of the Ameriean eon tinent. Mere unaccompanied by use and oeenpation, vests no title (Oregon, 1 St (2) Prescription or possession for a long time. This method of acquisition is but san•tioned by the Supreme Court of the United States. 1:3) Cift. purehase, or treaty (Florida. 1`419: Texas. IS-15; Gadsden Purchase, I S'53 4:3, Jawaii. S'!”.( . (41 Con quest Illexiean War. Spanish•Amoriean War. 1.:9`4g with cession of Porto Rico and the Philippines).
On suppression of rebellion. cession of terri tory or absorption. property rights, treaty obli gations. and public obligations pass to the new
sovereigm but nonpolitical laws remain in force until changed by the new master. Vested private rights a re unaffected by the change. Within its territory, however acquired. the Stole is sti• and regulates its internal affairs in ac Wit 11 its Constitution. The citizen owes allegiance and receives protection. See ALIEN: CON Q1 EKL CONFLICT OF LAws; •IratsnICTION; 111“11 CFAs; EXTRAMTIoN.
Allegianee and protection are reciprocal: hence permanent allegiance demands permanent protec tion. When the citizen or subject leaves his country and settles elsewhere, to what extent may lie claim protection from the lit ore meat ? Residence. implies and tem porary allegiance, hut it is well :settled sub mission to injustice is not a ditty, crud that a Alto may protect citizens in foreign pails against denial of ordinary justice. If the court, a re opcll to them, they must there seek redress; if the courts arc closed or so prejudiced us to make the proceeding useless. they may appeal to their vomit ry for diplomatic' sett lenient. The na tion may resort to reprisals or to war if Ilpecs SIII ry.
It should be noted that a State is liable for damage caused by mob violent to alien residents if such damage could have been atoned by due diligence: hut the Stale is clearly not liable for don age resulting from riots, civil commotion, or civil war in which property of aliens and citi zens alike suffers.
For the purpose of securing justice to citizen, abroad and for safeguarding its other interests, States employ two classes of agents: diplomatic and consular. Tho principle of State equality prescribes equality of representation: and as the political corporation. not the personal ruler, is represented. the form of government is clearly im material. 1)iplonuttic agents are clothed with diplomatic. immunity or inviolability. SIP I Nvl DIPLOM-kV(' CENTS CON SU L. \IER C. NTI LE.
II cannot be doubted that a State inns- emit mat• as freely as a private individual. If the vont raet. he with an individual, the State cannot be sued in eourt except by f.olisent and on terms pre scribed by it. In the Stale.: the C01111 Of Claims was organized in IR55, and exists for the purpose of such suits. Contracts between inde pendent States arc called treaties and are he interpreted s ordinary contracts except that foree and duress do not invalidate. By .1.rtiele VI. of the Constitution a treaty is a law of the land and has equal but no greater fore than an act of Congress.
Our courts consider treaties of two kinds: (11 commereial and temporary in their nature: (21 permanent as intended to set up it permanent state of affairs, as boundary agreements. The for flier are dissolved, the latter merely suspended, by and during war. See TEE vry.