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erly authorized agents for this purpose in the foreign government must be found. In the United States the power of the actual Government is limited by the Constitution; whence it follows that if a treaty is made by the President and the Senate, which violates the Constitution, it is in so far invalid; for the determinations of the President or the Senate acting outside of power granted by the Constitution have no more binding force than have the acts of any private citizens.

In case the authorities empowered to make a treaty treacherously sacrifice the interests of the nation, such a treaty can scarcely be regarded as the act of the nation, and in justice should not stand. There are, however, grave difficulties in the way of invalidating treaties that have been framed with strict observance of all the prescribed forms, even though it may be claimed that the makers of the treaty have acted without patriotism and been careless of the interests of the nation they professed to represent. If the signature of one party to a treaty is obtained by force or by the false representations of the other party, the treaty is not binding. If a treaty sacrifices the interests of the nation, its validity is not impaired if this result is due to lack of information or the stupidity of the nation's representative, and not to false statements made by the opposite party with the intention to deceive. The makers of a treaty cannot bind this nation to do an act prohibited by the Constitution.

Treaties are of various kinds. Commercial treaties define private relations. They fix certain terms under which private persons residing in different countries may trade with one another. Political treaties deal with sovereign states in their relation to other sovereign states. As regards their duration, some treaties are temporary and others are of unlimited duration. Among the various forms of treaties, treaties of alliance are conspicuous; and alliances

may be formed for a variety of purposes. Two nations may form an alliance for the purpose of carrying on a war against a common enemy. This is an offensive alliance. They may form an alliance for the purpose of defending themselves against foreign encroachments. An alliance of this kind is called an alliance for defense, or a defensive alliance.

Topics. The making of treaties by the United States.Powers of President and Senate as to treaties.-What treaties not binding.-Relation of Constitution to treaties.-Kinds of treaties.

212. The Settlement of International Disputes. Since sovereign nations have no common superior to whom they can appeal for a settlement of their differences, they have adopted various means to secure a recognition of what they consider to be their rights. In the first place, they enter into correspondence with one another through their properly accredited agents, hoping that a reasonable presentation and comparison of their claims will enable them to unite on some common ground, and formulate and approve terms of agreement. In the second place, finding themselves unable to reach such an agreement, they conclude to refer the case to a third person who is authorized by them to consider the merits of both sides of the contention and pronounce a decision, the opposing parties having agreed to accept and abide by this decision. In the third place, not being able to reach an agreement by either of these means, they resort to force. The first means employed is diplomacy; the second is arbitration; the third is war.

Topics.-International controversies.-Methods of settlement: Diplomatic correspondence; arbitration; war.

213. Neutral Nations in Times of War. — Although nations may resort to war as a method of settling their disputes, no war is likely to involve all the nations of the

world at the same time. Under any probable circumstances, therefore, there will remain at all times many nations at peace with one another and with the states that are carrying on the war. These are the neutral nations. They are expected to maintain peaceful relations with both of the belligerents, as the nations at war are called, and to hold an impartial attitude toward them. They are expected, moreover, to abstain from assisting either party in the conflict, and to maintain the friendly relations that existed before the war began. A neutral state may not furnish either belligerent with articles of food or munitions of war or with anything that will in any manner aid him in his military operations. It may not permit its ports or territorial waters to be used as a base for military or naval undertakings; nor may it permit deposits of supplies within the limits of its territory. Furthermore, when a ship from a belligerent fleet takes refuge in a neutral port it is expected that it will leave within twenty-four hours or remain dismantled till the end of the war. The vessels of a neutral state may traverse the high seas undisturbed, except when carrying contraband of war-that is to say, except when carrying articles destined to the military use or assistance of a belligerent.

Fortunately, at present, the enlightened nations insist on the rigid observance of the rules of neutrality; and on the remarkable unanimity of opinion shown throughout the civilized world in 1905, that the war between Japan and Russia had continued long enough and should close, we may found the hope that the neutral nations will suffer war to last only to the attainment of essential justice, and that their combined moral influence in the future will be exerted to the maintenance of peace.

Topics.-Definition of neutral nation.-Duties of neutral nations.-Neutral ports and neutral vessels.-Moral force of neutrals.

APPENDIX

I

AN ORDINANCE FOR THE GOVERNMENT OF THE
TERRITORY OF THE UNITED STATES,
NORTHWEST OF THE RIVER OHIO.
JULY 13, 1787.

Be it ordained, by the United States, in Congress assembled, that the said Territory, for the purposes of temporary government, be one district; subject, however, to be divided into two districts, as future circumstances may, in the opinion of Congress, make it expedient.

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Widow to

Be it ordained, by the authority aforesaid, that the estates, both of resident and non-resident proprietors in the said Territory, dying intestate, shall descend to, and be distributed among, their children, Descent of and the descendants of a deceased child, in equal parts; the descend- property. ants of a deceased child or grandchild, to take the share of their deceased parent, in equal parts, among them; and where there shall be no children or descendants, then in equal parts to the next of kin, in equal degree; and among collaterals, the children of a deceased brother or sister of the intestate, shall have, in equal parts, among them, their deceased parent's share; and there shall in no case be a distinction between kindred of the whole and half blood; saving in all cases to the widow of the intestate, her third part of the real estate for life, and one-third part of the personal estate; and this law relative to descents and dower, shall remain in full force until altered by the legislature of the district. And until the governor and judges shall adopt laws as hereinafter mentioned, estates in the said Territory may be devised or bequeathed by wills in writing, signed and sealed by him or her, in whom the estate may be (being of full age), and attested by three witnesses, and real estates may be conveyed by lease and release, or bargain and sale, signed, sealed, and delivered by the person, being of full age, in whom the estate may be, and attested by two witnesses, provided such wills be duly proved, and such conveyances be acknowledged, or the execution thereof duly

receive the third part.

May be

bequeathed

by will.

Governor's
term, three
years.
Must own
1,000 acres
in the dis-
trict.

Governor

and secretary appointed by Congress.

Three judges,

each must own 500

acres.

Governor

and judges may adopt

laws from older States.

Governor, command

er in chief of militia.

proved, and be recorded within one year after proper magistrates, courts, and registers shall be appointed for that purpose; and personal property may be transferred by delivery, saving, however, to the French and Canadian inhabitants, and other settlers of the Kaskaskias, Saint Vincents, and the neighboring villages, who have heretofore professed themselves citizens of Virginia, their laws and customs now in force among them, relative to descent and conveyance of property.

Be it ordained, by the authority aforesaid, that there shall be appointed from time to time, by Congress, a governor, whose commission shall continue in force for the term of three years, unless sooner revoked by Congress; he shall reside in the district, and have a freehold estate therein, in one thousand acres of land, while in the exercise of his office. There shall be appointed from time to time, by Congress, a secretary, whose commission shall continue in force for four years, unless sooner revoked; he shall reside in the district, and have a freehold estate therein, in five hundred acres of land, while in the exercise of his office; it shall be his duty to keep and preserve the acts and laws passed by the legislature, and the public records of the district, and the proceedings of the governor in his executive department; and transmit authentic copies of such acts and proceedings, every six months, to the secretary of Congress. There shall also be appointed a court, to consist of three judges, any two of whom to form a court, who shall have a common-law jurisdiction, and reside in the district, and have each therein a freehold estate, in five hundred acres of land, while in the exercise of their offices; and their commissions shall continue in force during good behavior.

The governor and judges, or a majority of them, shall adopt and publish in the district, such laws of the original States, criminal and civil, as may be necessary, and best suited to the circumstances of the district, and report them to Congress, from time to time, which laws shall be in force in the district until the organization of the general assembly therein, unless disapproved of by Congress; but afterward, the legislature shall have authority to alter them as they shall think fit.

The governor, for the time being, shall be commander in chief of the militia, appoint and commission all officers in the same, below the rank of general officers. All general officers shall be appointed and commissioned by Congress.

Previous to the organization of the general assembly, the governor shall appoint such magistrates and other civil officers, in each county

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