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includes by consequence the power of each in particular: thus, "whoever is comprised in the law is not governed by a foreign power; he is governed by his own will,-by his part in the empire.1

In the same manner, the end of society being the good of all, it is this end, which, while it gives birth to sovereignty, sanctions obedience to the constituted authorities; and, consequently, the first law, which is promulgated of itself with sovereignty, is, that as the union of all the particular powers constitutes the civil state, none of the associates can do himself justice, but ought to demand it of the depositary of the united powers for the security of all.

Sovereignty, in its most extended signification, consists in the union of all the rights belonging to an independent state, in relation to its end; and comprehends at the same time the power of government, or the authority which the end of the state demands, and the entire independence of the state in regard to foreign nations.*

Sovereignty being endowed with all the rights belonging to a nation, it is necessary to inquire what these rights are, in order to trace the limits of sovereignty.

The rights of a nation bear upon men and upon things, and its sovereign power extends to the goods whether private or public, which are found within its territory, and also to all the persons who inhabit it or come within its limits.

In regard to things, the rights of the nation are founded in the exclusive property and the independence of the territory, which forms the patrimony of the state, the soil of the country (Jus in patrimonium reipublicæ).

From the exclusive property of the territory, result Domain, Empire, Jurisdiction.

1 Gravina: Origines Juris Civilis.

2 Klüber Droit de Gens, Partie 1re, 21.

Domain, in virtue of which the nation may alone make use of the country for its wants,-dispose of it,-draw from it all the uses to which it is proper;-consequently, in virtue of which the nation may exclude all foreign states or individuals, from the use and appropriation of the territory and of all the things which are situated within it;

Empire, which gives the right of sovereign command, by which the nation ordains and disposes at its pleasure of every thing which takes place in the country;

Jurisdiction, which, the result of the union of empire with domain, gives the right to render justice within the national territory, to repress infractions of the laws of the country, and to take cognizance of all controversies which may arise therein.

In regard to persons, the rights of the nation are founded: 1. So far as citizens are concerned, on the act of civil association, (for the purpose of which each individual submits himself to the entire body,) which determines the rights of each; an act, which, whilst it binds both society and its members, comprises a renunciation, on the part of the former, of the exercise of the right to change its organization, so long as the constitutional conditions are not violated, and binds each individual not to undertake any thing injuriously affecting the order of society, because the social act includes an engagement of submission and obedience to the power established for its support.'

2. In regard to strangers, the rights of the nation are founded on the exclusive and independent property of the country, on the rights which flow therefrom, and on the tacit submission to the rights of the nation, from the moment when one touches the soil to the moment when one leaves it; for as each state is free to accord or refuse an

1 See Rayneval: Instit. du droit do la Nat. et des gens, liv. 1, chap. 2; Domat: Des Lois, chap. 1.

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entrance into its territory, since it is the sovereign proprietor of it; when a stranger is admitted to make use of this faculty, he binds himself by the act of entering upon the territory, to respect the laws of the country, as well as to do nothing to disturb its general harmony.

From the right over persons, result political rights, civil rights, and personal capacities:-

Political rights, which authorize and require an active and personal participation in public affairs;

Civil rights, which confer the enjoyment of the advantages attached to the quality of citizen;

Personal capacities, which confer the competence to do certain acts, and to discharge certain public or civil employments.

The natural limits of all these rights are the boundaries of the national territory: nullum statutum hoc in rem, hoc in personam, si ratione juris civilis sermo instituatur, sese extendit ultra statuendis territorium; for, beyond these limits, there are other states, which claim over the country they possess identical rights founded upon the same basis, namely, independence and equality, sociality, justice, and the duties of humanity, which prevent the rights of these states from being disregarded.

Still, however absolute may be the rights of nations over their own territory, we have seen, that men were led by their destiny to a community of relations, and that the citizens of different states were perpetually in contact and communication; so that international law, in consecrating the general principles hitherto developed, and in combining them with justice and the duties of humanity, has drawn from them certain other principles, by which the sovereignty of the states in regard to each other is limited.

In regard to the right over things, the code of nations

1 Voet: De Statutis et eorum concursu, parag. 7, chap. 2.

admits, in general, the entire disposition of every thing that touches the territory, or of the rights which result from the property of the soil, for the benefit of each state within its territorial limits. For, whatever may be the rights of private property, on the part of those who possess the goods in each country, the goods are always those of the nation, so far as foreign states are concerned, because they make a part of its total riches, and augment its territory; and, further, if property is the attribute of individuals, empire is of the exclusive essence of sovereignty: ad reges enim potestas omnium pertinet, ad singulos proprietas.

But

"To the citizen," (says Portalis, in the motives of the civil code) "belongs property, to the sovereign, empire; such is the maxim of all countries and of all times." the individual properties of the citizens, united and contiguous, form the public territory of a state, and, relatively to foreign nations, this territory forms a single one of every thing which is under the empire of the sovereign or of the state. Sovereignty is a right which is at the same time real and personal; and, consequently, no part of the territory can be withdrawn from the administration of the sovereign, nor can any person inhabiting the territory be withdrawn from his supervision or from his authority. Sovereignty is indivisible; but it would cease to be so, if a portion of the same territory might be governed by laws which did not emanate from the same sovereign. It is of the very essence of things, that the immovable property which constitutes the public territory of a people should be governed exclusively by the laws of that people, though a part of it may be possessed by foreigners.

In consequence of this right of absolute disposition of the territory, which makes each state the master to grant or to refuse to strangers the faculty of possessing lands or other goods belonging to its territory, the latter cannot complain of conditions annexed to the faculty of possessing,

any more than they can of an absolute exclusion from all possession; and, thus, whilst there are some countries, in which the acquisition of immovable property is interdicted to foreigners, there are others, in which foreigners are permitted to possess with an entire liberty of disposition, or only subject to the condition that their succession shall return to the state, within whose territory the goods possessed are situated, or within which the possessor dies: hence the right of escheat (droit d'aubaine), a right, moreover, which is disappearing entirely from the code of nations, and giving place to that of reciprocity.

Such, however, is the force of the action of civilization, that, at the present day, all the European powers, whilst they maintain their right of absolute disposition of their respective territories, generally accord in time of peace the liberty of entry, of passage, and of residence, as well by sea as by land, and over rivers flowing through several states. This liberty is confirmed by a multitude of treaties of peace, of boundaries, and of commerce; and, even, where there is no treaty, it rests on a usage generally acknowledged, and, in some states, on their own fundamental laws.

In regard to the rights over persons, it is the province of the code of nations to modify the absolutism of individual right, so as to make it respect the right of all, and, principally to make each state concede the preservation of personal capacities, and also the acknowledgment of the validity of acts passed by persons according to the laws of the place where they happen to be. For, by temporarily quitting his own country, for the purpose of simple relations with other states, a citizen does not thereby abdicate the rights conceded by the mother country, and does not the less remain subject to the obligations contracted towards it. Hence results the principle, that the state of a citizen fol

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