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Title: International Incidents for Discussion in Conversation Classes
Author: Lassa Oppenheim
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Language: English
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INTERNATIONAL INCIDENTS
CAMBRIDGE UNIVERSITY PRESS
London: FETTER LANE, E.C.
C. F. CLAY, MANAGER
_Edinburgh_: 100, PRINCES STREET
_London_: STEVENS AND SONS, LTD., 119 AND 120, CHANCERY LANE
_Berlin_: A. ASHER AND CO.
_Leipzig_: F. A. BROCKHAUS
_New York_: G. P. PUTNAM'S SONS
_Bombay and Calcutta_: MACMILLAN AND Co., LTD.
[_All Rights reserved_]
INTERNATIONAL INCIDENTS
FOR
DISCUSSION
IN CONVERSATION CLASSES
BY
L. OPPENHEIM, M.A., LL.D.
WHEWELL PROFESSOR OF INTERNATIONAL LAW
IN THE UNIVERSITY OF CAMBRIDGE
ASSOCIATE OF THE INSTITUTE OF INTERNATIONAL LAW
Cambridge:
at the University Press
1909
_Cambridge:_
PRINTED BY JOHN CLAY, M.A.
AT THE UNIVERSITY PRESS.
Transcribers' Note: Inconsistent punctuation printed in the original
text has been retained.
PREFACE
For many years I have pursued the practice of holding conversation
classes following my lectures on international law. The chief
characteristic of these classes is the discussion of international
incidents as they occur in everyday life. I did not formerly possess
any collection, but brought before the class such incidents as had
occurred during the preceding week. Of late I have found it more useful
to preserve a record of some of these incidents and to add to this
nucleus a small number of typical cases from the past as well as some
problem cases, which were invented for the purpose of drawing the
attention of the class to certain salient points of international law.
As I was often asked by my students and others to bring out a
collection of incidents suitable for discussion, and as the printing of
such a little book frees me from the necessity of dictating the cases
to my students, I have, although somewhat reluctantly, made up my mind
to publish the present collection.
I need hardly emphasise the fact that this collection is not intended
to compete either with Scott's _Cases on International Law, selected
from decisions of English and American Courts_, or with Pitt
Cobbett's _Leading Cases and Opinions on International Law_, both
of which are collections of standard value, but intended for quite
other purposes than my own.
I have spent much thought in the endeavour to class my incidents into a
number of groups, but having found all such efforts at grouping futile,
I therefore present them in twenty-five sections, each containing four
cases of a different character. Experience has shewn me that in a class
lasting two hours I am able to discuss the four cases contained in
these sections.
I have taken special care not to have two similar cases within the same
section, for although there are no two cases exactly alike in the
collection, there are several possessing certain characteristics in
common. It is one of the tasks of the teacher and the students
themselves to group together such of my cases as they may think are
related to each other by one or more of these traits.
It has been suggested that notes and hints should be appended to each
case, but the purpose for which the collection is published is better
served by giving the incidents devoid of any explanatory matter. Should
this book induce other teachers of international law to adopt my method
of seminar work, it must be left to them to stimulate their classes in
such a way as to enable the students to discover on their own
initiative the solution of the problems.
I gladly accepted the suggestion of the publishers that the cases
should be printed on writing paper and on one side of the page only, so
that notes may be taken and additional cases added.
I am greatly indebted to Mr Dudley Ward, of St John's College,
Cambridge, my assistant, who has prepared the cases for the press and
read the proofs. In deciding upon the final form of each case so many
of his suggestions have been adopted that in many instances I do not
know what is my own and what is his work.
L. O.
WHEWELL HOUSE,
CAMBRIDGE,
_June 12th, 1909_.
TABLE OF CONTENTS
PAGE
SECTION I.
1. A Councillor of Legation in Difficulties 1
2. Neutral Goods on Enemy Merchantman 1
3. American Coasting Trade 3
4. A German Balloon in Antwerp 3
SECTION II.
5. Use of the White Flag 5
6. A South American "Pseudo-Republic" 5
7. A Tavern Brawl 9
8. A Threatened Diplomatic Rupture 11
SECTION III.
9. Death Sentence on Russian Terrorists 11
10. The Case of De Jager 13
11. A Kidnapped Chinaman 15
12. A Case of Bigamy 15
SECTION IV.
13. A Shot across the Frontier 17
14. A Revolted Prize 17
15. Investments Abroad 19
16. Russian Coasting Trade 19
SECTION V.
17. Exceeding the Speed Limit 21
18. A New-born Island 21
19. An Irate Queen 23
20. An Incident in the Black Sea 23
SECTION VI.
21. The Case of the _Trent_ 25
22. A Double Murderer 25
23. A Masterful Customs Official 27
24. Russian Refugees and Foreign Asylum 27
SECTION VII.
25. A Conversion at Sea 29
26. A Frontier Affray 31
27. General Vukotitch 31
28. An Anglo-French Burglar 33
SECTION VIII.
29. Signals of Distress 35
30. A Change of Parts 35
31. Violation of a Foreign Flag 37
32. A Pickpocket at Sea 37
SECTION IX.
33. Gypsies in Straits 39
34. A Question of Annexation 41
35. Disputed Fisheries 41
36. Imperial Coasting Trade 43
SECTION X.
37. A Russian Crime tried in Austria 43
38. Stratagem or Perfidy 45
39. Murder of a German Consul in Mexico 47
40. Cossacks at Large 49
SECTION XI.
41. Islanders in Revolt 49
42. Seizure of Ambassadors 51
43. An Envoy in Debt 51
44. Treaty Bargaining 53
SECTION XII.
45. A Fallen President 53
46. A Murder in Monaco 55
47. A Question of Interpretation 57
48. The Island of Santa Lucia 57
SECTION XIII.
49. An Attaché's Chauffeur 59
50. In Quest of Balata 61
51. A "Sujet Mixte" 63
52. Koreans at the Hague Peace Conference 63
SECTION XIV.
53. The Adventures of a South American Physician 65
54. Extradition of a British Subject 65
55. The Case of the _Oldhamia_ 69
56. An Ambassador's Estate 73
SECTION XV.
57. Dangers of Ballooning 75
58. Family Honour 75
59. An Ocean Chase 77
60. The _Maori King_ 77
SECTION XVI.
61. The Island of Rakahanga 79
62. A Complaint against the Police 79
63. A Man with two Wives 81
64. A Murder on a Mail Boat 81
SECTION XVII.
65. Persian Disorders 83
66. The Expulsion of Monsieur de Reus 85
67. The Case of McLeod 87
68. A Thwarted Suicide 87
SECTION XVIII.
69. An Insult to an Ambassador 89
70. A Question of Legitimacy 89
71. The Coachman of an Envoy 91
72. The Case of Schnaebelé 91
SECTION XIX.
73. Amelia Island 93
74. Representation to China 93
75. Exemption from Rates 95
76. Errant Balloons 97
SECTION XX.
77. Sully in England 97
78. Homicide by an Attaché 99
79. A Disputed Capture 99
80. The Punishment for Murder 101
SECTION XXI.
81. A Traitor's Fate 101
82. An Interrupted Armistice 103
83. Shooting Affray in a Legation 103
84. The Surrender of Port Arthur 105
SECTION XXII.
85. An Ambassador's Brother 105
86. A Detained Steamer 107
87. Prussia and the Poles 107
88. A Charmed Life 109
SECTION XXIII.
89. A Daring Robbery 111
90. The Fall of Abdul Hamid 113
91. A President Abroad 113
92. A Rejected Ambassador 117
SECTION XXIV.
93. Revictualling of a Fortress 119
94. Dutch Reprisals 119
95. Birth on the High Seas 121
96. A High-handed Action 121
SECTION XXV.
97. The _Southern Queen_ 123
98. A Three-cornered Dispute 123
99. Russian Revolutionary Outrage in Paris 125
100. The Detention of Napoleon I. 127
SECTION I
1. _A Councillor of Legation in difficulties._
In 1868 the French journalist Léonce Dupont, the owner of the Parisian
newspaper _La Nation_, became bankrupt. It was discovered that this
paper was really founded by the councillor of the Russian legation in
Paris, Tchitchérine, who had supplied the funds necessary to start it,
for the purpose of influencing public opinion in Russian interests. The
creditors claimed that Tchitchérine was liable for the debts of Dupont,
and brought an action against him.
2. _Neutral Goods on Enemy Merchantman._
A belligerent man-of-war sinks his prize, an enemy merchantman, on
account of the impossibility of sparing a prize crew. Part of the cargo
belongs to neutral owners, who claim compensation for the loss of their
goods.
3. _American Coasting Trade._
In 1898, after having acquired the Philippines and the island of Puerto
Rico from Spain by the peace treaty of Paris, and in 1899, after having
acquired the Hawaiian Islands, the United States declared trade between
any of her ports and these islands to be coasting trade, and reserved
it exclusively for American vessels.
4. _A German Balloon in Antwerp._
The following telegram appeared in the _Morning Post_ of April 7th,
1909, dated Brussels, April 6th:
"An incident which is regarded with some seriousness by Belgians has
occurred at Antwerp. A balloon which for a time was observed to be more
or less stationary over the forts finally came to earth in close
proximity to them. It proved to be a German balloon, the _Dusseldorf
No. 3_, controlled by two men, who, on being interrogated by the
Commander of the fortifications, declared themselves to be merely a
banker and a farmer interested in ballooning in an amateur fashion, who
had been obliged to descend. The General commanding the Territorial
Division adjoining Antwerp was informed of the incident. On an inquiry
being opened it was found that the aeronauts were none other than two
German officers, and that the balloon forms part of the German Army
_matériel_. The Minister for War was immediately informed, and he has
communicated the facts of the case to his colleagues. The inquiry is
being continued. In the balloon was found a quantity of photographic
apparatus."
SECTION II
5. _The Use of the White Flag._
During war between states A and B, an outlying fort of a harbour of
state A is being bombarded by the fleet of state B, and is in danger of
capture. Suddenly the white flag is hoisted on the fort, and a boat
flying a white flag and carrying an officer and some men leaves the
fort and makes for the flagship of the bombarding fleet. Thereupon the
fleet receives the order to cease firing. Shortly after this has been
carried out, the boat flying the white flag, instead of continuing its
course, returns to the fort. Under cover of this manoeuvre the
bombarded garrison succeeds in abandoning the fort and withdrawing in
safety.
6. _A South American "Pseudo-republic."_
The following appeared in the _Times_ of April 26th, 1904:
"The utility for the practical politician of the study of that branch
of sociology to which M. Lebon has given the non-classical name of the
psychology of crowds is amusingly demonstrated in the fact of the
efforts of the still nebulous State of Counany to materialize and to
attain a separate and independent existence among the South American
Republics. What is taking place would seem to be a simple phenomenon of
suggestion, induced by the example of Panama. The fate of the vague
territory known as Counany had been settled, as every one supposed, by
the arbitral sentence of the Swiss Tribunal by which this region, with
which France and Brazil had played diplomatic battledore and
shuttlecock for more than 175 years, was finally handed over to the
latter Power.
"Brazil has never, it appears, taken effective possession of Counany,
and the population, whose flag, if ethnographic differences were to be
symbolized in it, ought to be a sort of Joseph's coat of many colours,
are now apparently once more appealing to the civilized world to aid
them to secure a separate existence. What recently occurred on the
Isthmus of Panama, when a new State sprang full fledged into being,
would seem to have been an object lesson acting automatically on the
nerves of these Indians, whites, negroes, and half-castes, welding them
into a compact whole and giving them a self-consciousness craving
European sanction. Hypnotized by Panama, and, it may be, counting upon
the eventual support of one of the Continental Powers which has already
shown the world that Brazilian affairs are not beyond the range of its
diplomatic vigilance, Counany steps once more to the fore.
"A Paris morning paper, the _Journal_, plays the _rôle_ of introducer
of the new Counany Ambassador. This Ambassador is a certain M. Brezet,
who comes to France, in spite of the sentence of the arbitral tribunal,
as President of a State which is described by all competent authorities
as a _pseudo_-republic, summarily wiped off the map as an independent
State. M. Brezet, moreover, is a Parisian who has served, it is said,
in the French forces in Guiana. He is now for the second time enjoying
the confidence of the Counanians, strong in the prestige won by his
success in having repulsed the Brazilians who sought dutifully to carry
out the terms of the clauses of the Berne Decree. 'After having
prepared the military and administrative reorganization of Counany, he
has come on a mission to Europe to defend the interests entrusted to
him.' Such is the story reported by the _Journal_.
"Counany, now described as the vast territory between the Amazon and
the two Guianas, is not merely a relatively accessible stretch of
coast-line and _Hinterland_ for a certain enterprising European
colonial Power, which has already prospected in Brazil, Venezuela, and
the unknown world between the Amazon and the Orinoco. Counany is
likewise on the high road of sea communication between the south of
South America and the eventual link between the Atlantic and the
Pacific, known as the Panama Canal. The Counany coast-line is a
covetable strip of the South American coast which at more favourable
moments might even distract our attention from Morocco."
7. _A Tavern Brawl._
In 1902, in an inn on the German side of the German-French frontier, an
altercation arises between Franz Heller, an Austrian subject, and a
Frenchman. They leave the inn together, still quarrelling. The
Frenchman hits Heller with his stick and runs away across the frontier.
Heller, however, draws a revolver and shoots the Frenchman dead. The
French government demands his extradition for murder.
8. _A Threatened Diplomatic Rupture._
The following appeared in the _Times_ of Feb. 22nd, 1908, dated Sofia,
Feb. 21st:
"A diplomatic rupture between Servia and Montenegro is threatened. The
Servian Minister has been instructed to leave Cettigne should
satisfaction not be accorded for certain injurious observations made by
M. Tomanovich, the Montenegrin Premier, in the course of a recent
speech. Relations between the two dynasties and countries have long
been strained, and the quarrel has become acute since the refusal of
the Servian Government to take the measures demanded by Montenegro
against refugees and others accused of participation in the recent plot
against the life of Prince Nicholas."
SECTION III
9. _Death Sentence on Russian Terrorists._
The following appeared in the _Times_ of Feb. 29th, 1908:
"ST PETERSBURG, _Feb._ 27.
"A Court-martial sitting in the fortress of St Peter and St Paul to-day
tried the Terrorists who were recently arrested. Seven, including two
women and the Italian Calvino, were condemned to death.
"ROME, _Feb._ 28.
"A most painful impression has been created throughout Italy by the
confirmation to-day of the report that a young Italian journalist,
Mario Calvino, has been condemned to death by Court-martial in St
Petersburg. All that is known is that Calvino was arrested on a charge
of complicity in a plot for the assassination of the Grand Duke
Nicholas, that he was condemned with a batch of six other prisoners
after a very brief trial held within closed doors, and that he will be
hanged next Saturday. Many friends and colleagues of Calvino in Italy,
as well as in Russia, assert the impossibility of his complicity in a
Nihilist plot, and there prevails a general belief that his
condemnation has been due to a judicial error. In answer to
representations made to Signor Tittoni from Milan, the Foreign Minister
has stated that the Italian Ambassador at St Petersburg has received
instructions to do his utmost on behalf of the condemned man. Up to the
present moment it would appear that no result of his exertions has yet
been reported."
10. _The Case of De Jager._
De Jager, a burgher of the South African Republic, but a settled
resident in Washbank in Natal when the war broke out, joined, in
October, 1899, the Boer forces, which had occupied Washbank and held
that town for about six months. He served with them in different
capacities until March, 1900, when he went to the Transvaal, and took
no further part in the war. In March, 1901, he was prosecuted for high
treason, but endeavoured to exculpate himself by maintaining that, as
the Boers had occupied Washbank when he joined their forces, he was not
then living on English territory.
11. _A Kidnapped Chinaman._
Sun Yat Sen, a political refugee from China, living in London, was
induced, in 1896, to enter the house of the Chinese Legation in London.
He was kept under arrest there in order to be conveyed as a prisoner to
China, the Chinese envoy contending that, as the house of the Legation
was Chinese territory, the English government had no right to
interfere.
12. _A Case of Bigamy._
In 1895 Alfred Ungar, a German by birth, who is naturalised in England
without having ceased to be a German subject, goes over to Germany and
there marries his niece, whom he brings back to London as his wife. In
1896 he deserts her, settles down in Bristol, and in that town goes
through the form of marriage with another woman. In 1898 his German
wife, being informed of his whereabouts and of his second marriage, has
him arrested for bigamy.
SECTION IV
13. _A Shot across the Frontier._
On Sept. 26th, 1887, a German soldier, on sentry duty at the frontier
near Vexaincourt, fired a shot from the German side and killed an
individual who was on French territory.
14. _A Revolted Prize._
An enemy merchantman having been captured during war, a prize crew is
put on board and she is navigated in the direction of a port of the
state which made the capture. During the voyage the original crew
succeed in overpowering the prize crew. The master again takes command,
has the prize crew put in irons, and steers for a friendly port. Before
the vessel gets there, however, she is again captured.
Can the crew be punished?
15. _Investments Abroad._
Armand Brunetière, a French merchant in Paris, who has never been in
England, instructs a broker on the London Stock Exchange to buy £1,000
worth of consols, and to keep the stock at his disposal. The order is
carried out, and six months afterwards Brunetière dies. His heirs claim
the stock, but the English brokers refuse to hand it over unless the
English estate duty, which is claimed by the officials of the Inland
Revenue, has first been paid.
16. _Russian Coasting Trade._
Russia declared, by a ukase of 1897, operating from 1900, that trade
between any of her ports and that of Vladivostok should be considered
as coasting trade and therefore exclusively reserved for Russian
vessels.
SECTION V
17. _Exceeding the Speed Limit._
In 1904 Mr. Gurney, secretary of the British Legation at Washington,
was brought before the police magistrate at Lee, Massachusetts, on the
charge of having driven a motor car to the public danger. The charge
being proved, he was fined.
18. _A New-born Island._
An island rises in the sea on the boundary line of the territorial
maritime belt of another island in the possession of state A. A portion
of the new-born island stretches into the maritime belt surrounding the
previously existing island, and the remainder into the open sea. A
man-of-war of state B lands a non-commissioned officer and three men on
the part of the island which stretches into the open sea, with the
order to hoist the flag of state B and to take possession of it by
occupation.
Is this occupation valid?
19. _An Irate Queen._
Queen Christina of Sweden abdicated her throne in 1654, and, after
having spent some time first in Brussels and later in Rome, where she
embraced the Roman Catholic faith, in 1656 took up her residence in
France. Here she discovered that her grand equerry and favourite,
Monaldeschi, was betraying her personal secrets. She therefore on the
10th November sentenced him to death, and caused the execution to be
carried out on the spot by soldiers of her bodyguard, under the command
of Count Lentinelli, the captain of the guard.
20. _An Incident in the Black Sea._
The following appeared in the papers dated St Petersburg, August 11th,
1907:
"A telegram from Sochi, in the Caucasus, states that last night the
steamer _Tchernomor_, while on a trip from Tchubgia to Tuapse on the
Black Sea, was plundered on the high seas by robbers, who forced the
passengers to deliver up their money and valuables. One passenger was
wounded by a revolver shot. The robbers, who numbered 15, took
possession of the ship's safe and forced the captain to stop the ship
and to land them. They further ordered him not to stop at Tuapse, but
to proceed direct to Sochi, threatening him with murder if he
disobeyed.
"A later telegram from Sochi states that the passengers were robbed of
10,000 roubles (£1,000), and that 1,700 roubles (£170) were stolen from
the ship's safe."
SECTION VI
21. _The Case of the Trent._
On Nov. 8th, 1861, during the American Civil War, the Federal cruiser
_San Jacinto_ stopped the British mail steam _Trent_ on her voyage from
Havana to the British port of Nassau in the Bahamas, forcibly took off
Messrs. Mason and Slidell, political agents sent by the Confederate
States to Great Britain and France, together with their secretaries,
and then allowed the vessel to continue her voyage.
22. _A Double Murderer._
In 1885 James Smith, an English subject, commits a murder in London,
but succeeds in escaping. In 1886 he appears in Rome under the name of
Edward Fox, and commits a murder there also. He is tried in Rome and
condemned to penal servitude for life. In 1906, after having served 20
years and exhibited exemplary conduct, his sentence is remitted by the
King of Italy. His real identity having been established during the
trial, on his release the question of the possibility of his
extradition for the previous murder is discussed in the English press.
23. _A Masterful Customs Official._
On Dec. 24th, 1907, the following appeared in the morning papers, dated
Winnipeg, Dec. 23rd:
"An American Customs official, suspecting two Canadian farmers of
smuggling barley, surprised them near the boundary, and, threatening
them with a revolver, compelled them to cross into American territory.
The official had no warrant, and the farmers returned into Canada. The
matter has been laid before the British Ambassador in Washington and
the Canadian Government. Ten thousand dollars damages are claimed."
24. _Russian Refugees and Foreign Asylum._
The following appeared in the _Times_ of March 6th, 1908, dated Paris,
March 5th:
"Signatures are being collected in Paris for an address 'to the Swiss
people,' which already bears the names of MM. Anatole France, Octave
Mirbeau, Painlevé, Jaurès, Seignobos, and others, urging them to refuse
the extradition of the Russian Socialist Revolutionary Bromar
Vassilieff, who killed the Prefect of Police of Penza in January, 1906.
The address declares the deed of Bromar Vassilieff to have been purely
political. France, it contends, refused to surrender Hartmann, who had
taken part in the attempt against Alexander II. Italy refused to
extradite Michel Gotz, a member of the organization that assassinated
M. Sipiagin and M. Plehve. Sweden refused to give up Tcherniak, accused
of having participated in the attempt against M. Stolypin. Only a few
days ago, says this address, an Austrian jury acquitted Wanda
Kraguelska, who boasted of having thrown a bomb at the Governor-General
of Poland. The Swiss Republic, it adds, will not do what monarchies and
Empires have not done. It was deceived when it handed over to the
Russian authorities Belentsoff, who before his trial died from flogging
in prison. Free Switzerland having always done itself honour by
defending the political refugees of all nations against the largest
Powers, the signatories to the address feel certain that she will not
be false to this noble tradition by allowing Bromar Vassilieff to be
extradited."
SECTION VII
25. _A Conversion at Sea._
On July 4th and 6th, 1904, during the Russo-Japanese war, the
_Peterburg_ and the _Smolensk_, vessels belonging to the Russian
volunteer fleet in the Black Sea, passed the Turkish Straits, flying
the Russian commercial flag. They likewise passed the Suez Canal under
their commercial flag, but after leaving Suez they converted themselves
into men-of-war by hoisting the Russian war flag, and began to exercise
the right of visit and search over neutral merchantmen. On July 19th
the _Peterburg_ captured the British P. and O. steamer _Malacca_, for
alleged carriage of contraband, and put a prize crew on board for the
purpose of navigating her to Libau.
26. _A Frontier Affray._
On May 12th, 1908, the _Petite République_ published a telegram from
Lisbon announcing that a collision between Portuguese and Spanish
troops had occurred at Porto Allegro. It appeared that several Spanish
smugglers were surprised while attempting to smuggle quantities of
tobacco and silk across the frontier into Portugal, and resisted the
Portuguese guards. A detachment of Spanish troops arrived on the scene
during the fight and crossed over on to Portuguese territory. Here they
were fired upon by the Portuguese, who, in the darkness, mistook them
for a second band of smugglers. The Spaniards together with the
smugglers now opened fire and a terrible fight ensued in which even
women took part. Before long, however, the Spaniards, who were
evidently under the impression that they, too, had to deal with
smugglers, discovered their error, and ceased fire, and the smugglers
immediately fled to the mountains leaving several dead, including two
women. Several of the soldiers on both sides were either killed or
wounded.
27. _General Vukotitch._
On Oct. 19th, 1908, during the state of tension in the Balkan peninsula
resulting from the declaration by Austria-Hungary of her sovereignty
over the provinces of Bosnia-Herzegovina, General Vukotitch, a
Montenegrin envoy, was charged with a special mission for Belgrade by
Prince Nicholas. He travelled to his destination by way of Fiume, but,
on arriving at Agram, he was ordered from the train by gendarmes and
conducted to the Prefecture of Police. There he was searched, and his
purse and everything else he had in his possession were taken from him.
At the same time his baggage was completely ransacked. He told the
_Gendarmerie_ officers his name, explained his _status_, and showed
them the passport and the permit delivered to him by the
Austro-Hungarian Legation at Cettigne, but all without any effect. He
was, however, allowed to send a telegram to Baron von Aehrenthal,
complaining of the treatment he had received as a violation of
international usage, and, after some time, an order came from Vienna
for his release.
28. _An Anglo-French Burglar._
François Lebrun, having committed a burglary in Paris, is sentenced to
ten years' hard labour, but after one year's imprisonment succeeds in
escaping to England. On the request of the French police he is arrested
in London and brought before the magistrate in order that he may be
extradited. His counsel however objects to his extradition on the
ground that Lebrun was born in London and was therefore, although his
parents were French, an English subject.
SECTION VIII
29. _Signals of Distress._
Vattel (III. § 178) relates the following case: In 1755, during war
between Great Britain and France, a British man-of-war appeared off
Calais, made signals of distress for the purpose of soliciting French
vessels to approach to her succour, and then seized a sloop and some
sailors who came out to bring her help.
30. _A Change of Parts._
Aaron Nietitsch, a native of one of the Balkan states, while residing
in London for two years for the purpose of learning English, contracted
heavy debts which he did not pay on leaving the country. Shortly
afterwards he came again to England as he was appointed secretary to
the diplomatic envoy of his home state in this country. His creditors,
who knew quite well that they could not sue a member of a foreign
legation for debts contracted during the time of his mission, thought
that they could proceed against Aaron Nietitsch, because he had
contracted his debts while staying in this country as a private
individual.
How would the case have to be decided if Aaron Nietitsch had contracted
debts while in England as an attaché, had left the country at the end
of his mission, and had afterwards returned as a private individual?
31. _Violation of a Foreign Flag._
A political criminal, imprisoned in Port-au-Prince, in Hayti, escapes
from the prison and makes for the harbour, with the intention of taking
refuge on board a foreign man-of-war lying there. On his way he meets
the diplomatic envoy of the state to which the man-of-war belongs, and
as the Haytian police are on his heels he asks for the envoy's
protection and safe conduct to the vessel. The latter calls a passing
fly and enters it with the fugitive, but is overtaken by the police.
Thereupon he takes the flag of his home state out of his pocket and
throws the folds of it over the fugitive for the purpose of protecting
him. The police nevertheless arrest the man. The envoy sends a report
of the affair to his government, which requests from Hayti not only
severe punishment of the police for the violation of the envoy's
privileges and the insult to its flag, but also the release of the
rearrested political criminal and his safe conduct to its man-of-war
lying in the harbour of Port-au-Prince.
32. _A Pickpocket at Sea._
An Italian passenger on board the French mail-boat _Le Nord_, plying
between Calais and Dover, picks the pocket of an Englishman while the
boat is two miles out on her way from Dover to Calais. The thief is
arrested in Calais. Can England claim his extradition?
SECTION IX
33. _Gypsies in Straits._
In March, 1908, the _Westminster Gazette_ contained the following
paragraph:
"On the first day of October last a gipsy van containing a family of
eight was escorted by Belgian gendarmes to the French frontier. On
attempting to cross the boundary the wanderers were stopped by French
gendarmes, who forbade any further advance. Thus beset behind and
before by the authorities, the van-dwellers perforce made the best of a
bad job, and resigned themselves to a long stay. On the whole, they
have had the best of it; for they, at any rate, had a comfortable roof
over their heads, while the four policemen who were on constant guard
by day and night, keeping the unwelcome travellers at bay, were exposed
to all the chances of the weather. Days, weeks, and months rolled
slowly by. February commenced, and still the gipsy-van stood on
no-man's-land, guarded by weary gendarmes, each drawing a franc and a
half a day, and wondering when the other side was going to give in, and
allow the gipsies to resume their wanderings. As far as is known the
van is there to-day, and nobody appears to care very much about its
fate. Perhaps in future years when the six gipsy children are grown up
and leave the old home, and its paintwork has grown still more shabby,
and the wheels have sunk up to their hubs into the soil, somebody will
come across it and the patient gendarmes, and begin asking questions.
Meantime the little comedy has already cost the French municipality of
Mont Saint-Martin more than 1,000 fr., while the local police force has
had to be helped by the neighbouring brigade to perform its ordinary
duties.
"It is true that negotiations are going on with a view to settling the
matter, but as four months have already passed since the van reached
the frontier, there seems no particular reason for expecting a speedy
conclusion to the farce."
34. _A Question of Annexation._
Karl Abel, born in Nassau in 1840, left that country in 1865 for
England for the purpose of settling there in business. In 1866 Nassau
is conquered by Prussia and subjugated. Has Abel become a Prussian
subject?
What would the decision be in the case of the native of a province
transferred by cession to another state, who was domiciled abroad at
the time of cession?
35. _Disputed Fisheries._
An island rises in the open sea three and a half miles from the shore
of state A and is acquired through occupation by state B, which
establishes a fishing-station there. Very soon a conflict arises
between states A and B on account of the fisheries in the waters
between the new-born island and the continent.
How is the controversy to be settled?
36. _Imperial Coasting Trade._
At the Colonial Conferences in 1902 and 1907 Australian statesmen
brought before the Imperial Government the question whether the term
"coasting trade," as used in British commercial treaties, could not be
given such an extension of definition as would allow the entire
exclusion of foreign shipping from the carrying trade between the
United Kingdom and Australia.
SECTION X
37. _A Russian Crime tried in Austria._
The following appeared in the _Westminster Gazette_ on Feb. 19th, 1908:
"WADOWICE (GALICIA), _Feb._ 18.
"Judgment was pronounced to-day in the trial, which began in the
District Court here yesterday, of Wanda Dobrodzicka, a young Russian
woman charged with having thrown a bomb at General Skallon,
Governor-General of Warsaw, on May 18th, 1906.
"The indictment set forth the existence of a very skilfully devised
plot to kill the Governor-General. As he very seldom left the castle it
was necessary to do something to compel him to come out. Accordingly
one of the conspirators, in the uniform of a Russian officer, grossly
insulted the German Vice-Consul. It became necessary, therefore, for
the Governor-General to pay a personal visit to the Vice-Consul to
express his regret, officially, at such an occurrence. This was exactly
what the conspirators had reckoned upon, and they laid their plans
accordingly. Wanda Dobrodzicka, who was only twenty years of age, was,
it was alleged, entrusted with the task of killing the Governor.
According to the prosecution, she took up her position on a balcony
which he would pass, and when his carriage came she hurled a bomb at
it. The bomb, however, failed to explode. In the confusion the woman
escaped and succeeded in making her way to Trieste, going thence to
Italy and Switzerland, and afterwards coming to Galicia, where she
married and settled down.
"She was arrested on October 20th, 1907, and the Russian Government
demanded her extradition. As, however, through her marriage, she had
become an Austrian subject, the Galician authorities decided that she
must be tried in Galicia. The jury returned a verdict of 'Not guilty'
on both counts of the indictment. The accused was acquitted, and was
immediately released, as no notice of appeal was given by the Public
Prosecutor. The prisoner having been declared 'Not guilty' by the
Polish jury, notwithstanding her full admission of having thrown the
bombs, was accorded a great ovation by the crowd, who presented her
with flowers."
38. _Stratagem or Perfidy?_
In 1783, during war between Great Britain and France, the _Sybille_, a
French frigate, enticed the _Hussar_, a British man-of-war, by
displaying the British flag and intimating herself to be a distressed
prize of a British captor. The _Hussar_ approached to succour her, but
the latter at once attacked the _Hussar_ without shewing the French
flag. She was, however, overpowered and captured.
39. _Murder of a German Consul in Mexico._
In 1906 the German consul in Oaxaca, a town in the Mexican state of
Puebla, was murdered while in the house of a Mexican named Conttolene,
with whom he had had a dispute. Conttolene was arrested and prosecuted,
but acquitted. However his nephew, a Mexican named Rangel, gave himself
up for the crime and was condemned to two years' imprisonment. As this
punishment was considered too light the prosecuting counsel appealed,
but withdrew his appeal by order of the public prosecutor; and the
light sentence on Rangel was therefore allowed to stand. The German
government considered the punishment meted out to Rangel insufficient,
and made representations to the Mexican government complaining of the
fact that the appeal was withdrawn by order of the public prosecutor.
The Mexican government answered that it disapproved of the action of
the public prosecutor, because it recognised its international duty
sufficiently to protect the lives of foreigners in Mexico and to punish
adequately any murder of a foreign resident. On its recommendation the
governor of the state of Puebla deprived the public prosecutor
concerned of his office.
40. _Cossacks at Large._
On June 27th, 1908, a telegram from Brody, in Eastern Galicia, stated
that a party of 14 Cossacks crossed the frontier into Austria,
plundered a house near Radziwilloff, shot dead the owner and his wife,
and cut off his daughter's hands and carried them away. They also
mutilated two other persons who were returning across the frontier.
Austrian gendarmes captured two of the Cossacks.
SECTION XI
41. _Islanders in Revolt._
The natives of a small island in the possession of England rise and,
after murdering the majority of the whites, imprison the remainder. No
English man-of-war is on the spot, but the commander of a French war
vessel in the neighbourhood, who is informed of the insurrection by a
fugitive, resolves to interfere to save the lives of the surviving
whites. He therefore sails at once for the island, shells the harbour,
disembarks a number of men, relieves the white prisoners, and remains
in command of the island until an English man-of-war arrives on the
spot.
42. _Seizure of Ambassadors._
The Marquis de Monti, the French envoy in Poland during a war between
Poland and Russia, being in Dantzic when, in 1734, that town
capitulated to the Russians, was seized and made prisoner because he
had taken an active part in the war; he was not released until 1736,
although France protested against his captivity.
When the Maréchal de Belle Isle, the French ambassador to Prussia,
passed, in 1774, on his way to Berlin, through Hanover, he was seized,
made a prisoner, and sent to England, which country, together with
Hanover, was then at war with France.
43. _An Envoy in Debt._
Baron de Wrech, who had for some time been minister plenipotentiary of
the Landgraf of Hesse-Cassel at Paris, was recalled in 1772. When he
asked for his passports, the Duc d'Aiguillon, the French foreign
secretary, refused to deliver them to him before he had paid debts due
to the Marquis de Bezons and other creditors.
44. _Treaty Bargaining._
States A and B enter into a new commercial treaty in which, among other
stipulations, it is agreed that state A should lower by 20 per cent.
its general import duty on manufactured cotton goods coming from state
B, and that, in return for this reduction, the latter should reduce by
20 per cent. its general import duty on manufactured leather goods
coming from state A.
Some of the other states possessing commercial treaties with A and B,
which embody the most favoured nation clause, at once demand from A and
B that the reduction of 20 per cent. of import duty on manufactured
cotton and leather goods should also be granted to the imports from
their respective territories.
SECTION XII
45. _A Fallen President._
The following appeared in the papers on Dec. 4th, 1908, during a
revolution in Hayti, when the president Alexis had fled to a French
training ship in the harbour of Port-au-Prince:
"PORT-AU-PRINCE, _Dec._ 2.
"President Nord Alexis is safe on board the French training ship
_Duguay Trouin_. At the last moment the President yielded to the pleas
of those about him, and precisely at five o'clock a salute of 21 guns
announced his departure from the Palace.
"Previously to his departure the French Minister and other foreign
representatives, with a specially-formed committee, forced themselves
on the President, who finally consented to withdraw. Shouts and jeers
of derision greeted President Nord Alexis as he entered his carriage.
The French Minister sat beside him, and threw the folds of the Tricolor
over the shoulder of the President to protect him. Along the route the
people lining the streets greeted the President with curses. When he
arrived at the wharf the mob lost all restraint. Infuriated women
penetrated the cordon of troops, and shrieked the coarsest insults in
the face of President Alexis. The people tried to hurl themselves upon
him, fighting with hands and feet with the soldiers, who, in order to
disengage the President, discharged their muskets, and the crowd then
fell back. President Alexis, still draped in the Tricolor, boarded a
skiff, his suite tumbling in after him. Haitian, French, and American
warships fired a salute to the fallen President. As he was embarking a
woman aimed a blow at his side with a knife, but missed him. A man,
however, succeeded in striking the President a glancing blow on the
neck with his fist."
46. _A Murder in Monaco._
In August, 1907, Mr. and Mrs. Goold, the Monte Carlo murderers, were
arrested in Marseilles, to which town they had succeeded in escaping
before the murder became known. The Monacan government demanded their
extradition and France was ready to comply with the request. Mrs.
Goold, however, was by birth of French nationality, and it was doubtful
whether she had been legally married to Mr. Goold. Under these
circumstances the French government refused to extradite Mrs. Goold,
before it had been proved by inquiries in England whether or not a
legal marriage had taken place between herself and Goold.
47. _A Question of Interpretation._
According to Article XIII of the Treaty of July 11th, 1799,--confirmed
by Article XII of the Treaty of May 1st, 1828,--between the United
States of America and Prussia which is now valid for the whole German
empire, in case one of the contracting parties is a belligerent, no
articles carried by vessels of the other contracting party shall be
considered contraband, but nevertheless the belligerent party shall
have the right to seize any military stores carried by vessels of the
other party on payment of their full value.
Has the Declaration of London, 1909, any influence on the validity of
this old treaty stipulation?
If not, in the event of war between Germany and another power, can
powers possessing most favoured nation treaties with Germany claim the
same treatment with regard to contraband for their own vessels as
Germany must grant to vessels of the United States?
48. _The Island of Santa Lucia._
In 1639 the island of Santa Lucia, in the Antilles, was occupied by
England, but in the following year the English settlers were massacred
by the natives, and no attempt was made by England to re-establish the
colony. In 1650 France, considering the island no man's land, took
possession of it. England, however, contended for many years that she
had not abandoned the island. After the Treaty of Aix-la-Chapelle in
1748, the question of ownership was referred to the decision of certain
commissioners, and England claimed that having been driven out by force
she had not abandoned the island _sine spe redeundi_, and that
therefore France, in 1650, had no right to consider the island as no
man's land. Finally, by the peace treaty of Paris of 1763, England
resigned her claims.
SECTION XIII
49. _An Attaché's Chauffeur._
In November, 1908, the driver to the Military Attaché at the United
States Embassy was summoned at Huntingdon for driving a motor-car at
Little Stukeley at a speed dangerous to the public, and which was
stated to be 36 miles an hour. The solicitor for the defendant, who did
not appear, claimed that he was exempt from proceedings such as these,
but admitted that he was not in a position to prove it. A letter of
explanation was read, which stated that it was very embarrassing to
have a servant charged with an offence against English law, and asking
that the charge be withdrawn. The bench decided to go on with the case,
and imposed a fine of £12 and costs.
50. _In Quest of Balata._
The following notices appeared in the papers in the latter part of
August, 1907, concerning a frontier incident between British Guiana and
Venezuela:
"GEORGETOWN, _Aug._ 18.
"Captain Calder, with a small armed force, went down the Barima river
and, crossing the boundary, invaded Venezuelan territory. He then
demanded at the point of the revolver that 4,000 pounds of balata, said
to have been won in a British forest, should be given up. The incident
has been reported to President Castro. Excitement prevails at
Morawhanna, the British frontier head-quarters, the people fearing
measures of retaliation. Trouble has been experienced for the past few
months in connexion with the balata trade, and British officers have
been keenly alert to prevent illicit trading. The Governor is now at
Lama, two days' journey from the capital. He is expected to arrive here
on Tuesday."
"GEORGETOWN, BRITISH GUIANA, _Aug._ 28.
"The Governor has informed the Legislature that Captain Calder, who
recently crossed the Venezuelan frontier and seized a quantity of
balata which was alleged to have been collected in British Guiana,
violated the frontier to the extent of 200 yards. The balata has been
returned to its owner and regret has been expressed to President
Castro."
"NEW YORK, _Aug._ 31.
"A message from Caracas states that the Venezuelan Government considers
that the incident which arose out of the invasion of Venezuelan
territory by Captain Calder, District Inspector of Police in British
Guiana, and the seizure of a quantity of balata said to have been
collected on British soil has been satisfactorily closed. President
Castro has received a note of apology from the Governor of British
Guiana with the announcement that Inspector Calder has been relieved of
his post."
51. _A "Sujet Mixte."_
Felix Brown was born in London of German parents in 1875. He was
brought up in English schools and considered himself an Englishman,
although he knew that he was of German parentage and frequently went to
Germany to see his grandparents. In 1900 he was a passenger on an
English vessel destined for Riga. This vessel called on her way at
Stettin. While in that harbour the German police boarded the vessel and
arrested Brown for having evaded military service in Germany. Brown
telegraphed to the English ambassador in Berlin and asked for his
intervention.
52. _Koreans at the Hague Peace Conference._
During the second Hague Peace Conference the Emperor of Korea, although
he had signed in 1904 a treaty according to which Japan exercised a
protectorate over his country, dispatched an envoy and two secretaries
to the Hague for the purpose of bringing some complaints before the
Congress. One of the secretaries had been in Holland two years
previously, and had left the country without paying his debts. When his
creditors heard of his return, they asked an advocate whether they
could sue him, or whether he was exempted from Dutch jurisdiction,
since he now appeared as the secretary of the Korean envoy.
SECTION XIV
53. _The Adventures of a South American Physician._
In 1905 the President of a South American Republic visited London with
the intention of undergoing an operation by a famous surgeon. He was
accompanied, among others, by Doctor Alcorta, his physician-in-ordinary,
who was watching the case. After dining with friends one evening at a
well-known restaurant, during which he drank very freely of wine and
liqueurs, Doctor Alcorta proceeded to the Empire Theatre. He at first
listened quietly, but, being displeased by the song of one of the
performers, he became noisy, had to be removed, and on proving violent
was handed over to the police. Next morning he was brought up before a
magistrate on the charge of having been drunk and disorderly.
54. _Extradition of a British Subject._
The following is a cutting from the police court reports of a daily
paper:
"At Bow-street, Julius Kuhliger, _alias_ Nollier, 35, of Field-road,
Forest-gate, was again brought up before Sir A. de Rutzen for
extradition on the charge of obtaining money by false pretences in
Belgium. Mr H. Lewis defended. In consequence of certain complaints
Detective-sergeant Brogden kept observation upon a newsagent's shop in
Shoreditch, and on the 2nd inst. he saw the prisoner call there and
receive several letters. He followed the prisoner and saw him examine
the contents, and then arrested him. The letters were found to contain
four money orders of the total value of £6. 7_s._ 1_d._, and the
prisoner was brought up at the Old-street Police-court and charged with
being in the unlawful possession of them. It was afterwards discovered
that the orders were the proceeds of an alleged swindle in Belgium
which had been carried on from this country, and the original charge
was abandoned in favour of the extradition proceedings.
Detective-sergeant Brogden now gave evidence that the prisoner claimed
to be a British subject, alleging that his mother was English, though
his father was a Swiss. Since his arrest he had made a statement to the
effect that about three months ago, finding himself in financial
difficulties, he thought he would embark upon a system of fraud. He
advertised in the German newspapers, he continued, stating that an
English lady wished to send her two daughters to Germany for the
purpose of learning the language of the country. Several persons
replied offering to take the children, and he wrote to each of them
accepting their offer, and stating that the luggage had already been
sent on. He followed this by another letter purporting to come from a
firm of railway carriers, saying that they had been instructed to
forward certain trunks, and would do so on the receipt of their fees in
advance. He arranged for the replies to these letters to be sent to
five or six different newsagents' shops in various parts of London, and
each place brought him in an average of about £10. The prisoner, on
oath, now said that he was a British subject, and Mr Lewis asked the
magistrate to say that this was not a case in which he ought to
surrender the prisoner to a foreign Power. The magistrate said that
with regard to the point raised as to the accused's being a British
subject, the article in the Treaty with Belgium dealing with that
matter said that 'in no case or on any consideration whatever shall the
high contracting parties be bound to surrender their own subjects
whether by birth or naturalization.' It had been held that such
provision implied that the high contracting parties might surrender
their own subjects, and that such surrender must be left to the
discretion of the Secretary of State. He ordered the prisoner to be
committed for extradition, and it would be for the Home Secretary to
decide whether it was a case in which he ought not to sanction the
surrender."
55. _The Case of the "Oldhamia."_
The following appeared in the _Times_ of Dec. 14th, 1908, dated St
Petersburg, Dec. 13th:
"The Admiralty Appeal Court yesterday confirmed the judgment of the
Libau Prize Court justifying the capture and destruction of the British
steamer _Oldhamia_, bound fur Hong-kong with American oil. She was
taken by the cruiser _Oleg_ of Admiral Rozhdestvensky's fleet off
Formosa on the night of May 18, 1905, and a fortnight later, while
proceeding to Vladivostok, struck on the Kurile reef and was burned by
the prize crew to prevent her from falling into the hands of the
Japanese. The Court disallowed a claim for damages by the captain and
crew for the loss of their personal effects on the formal grounds that
the claim had not been presented at the first hearing of the case. It
allowed a claim of the Standard Oil Company to recover the cost of 200
empty kerosene cases. It confirmed the Libau verdict disallowing the
claims of the Manchester and Salford Company, the owners of the vessel,
for £61,580, and those of the Standard Oil Company for cargo consisting
of 149,462 cases of kerosene, valued at $123,134 (£24,627).
"The circumstances of the capture were fully detailed at the trial
before the Libau Prize Court on June 12, 1907. The arguments presented
by Mr. Berlin, counsel for the plaintiffs, and the law officers of the
Crown, bore first upon the _prima facie_ evidence of the _Oldhamia's_
destination and cargo, and secondly, on the point whether kerosene
rightly came under the Russian declaration of contraband of war. It was
admitted that the cargo was intended for Japan, but solely for
commercial purposes. The principal legal adviser to the Admiralty
submitted, however, that kerosene was now used also as a fuel for
warships. Moreover, the vessel was considerably out of her course. The
captain was unable to produce the charter-party or bills of lading, and
one of the seamen declared that she carried guns at the bottom of the
hold. Admiral Rozhdestvensky sent 300 sailors to displace the cargo in
order to verity this statement, but they worked for two days without
getting lower than the main deck. Mr. Berlin invoked the fact that the
Procurator at Libau declined to recognize kerosene as contraband within
the meaning of the Russian declaration, which specifically mentions
naphtha. He argued at length on the question of conditional and
absolute contraband of war. Upon these points the Russian and British
views have been, and remain, at variance, as exemplified in all the
prize cases connected with the late war.
"The result of the present appeal, however onerous to the owners,
cannot be regarded as unexpected. A member of the Embassy staff
attended the proceedings in behalf of the British Government."
56. _An Ambassadors Estate._
Musurus Pasha, the Turkish ambassador in London, died there in December
1907. In February, 1908, Mme Musurus took out letters of administration
in England, and proceeded to pay the debts and the death duties payable
in respect of the property in this country. The greater part of the
ambassador's estate was situated in Turkey and Thessaly, and the only
property in England was certain shares in companies. Two of the
next-of-kin of the ambassador brought (in December 1908) an action to
obtain the administration of his estate and also an injunction
restraining Mme Musurus from removing any of the assets out of the
jurisdiction of the English courts, or from dealing with them otherwise
than in due course of administration.
SECTION XV
57. _Dangers of Ballooning._
On Nov. 24th, 1908, the following paragraph appeared in the morning
papers, dated from Breslau:
"While a balloon, belonging to the Silesian Aeronautic Club, was
sailing along at about 100 mètres distance from the Russo-German
frontier on Saturday over Krotoschin, Sarotschin, and Zockow, 15 shots
were fired at it from Russian territory, probably by frontier Cossacks.
The weather was fine and the German flag hung from the envelope. Nobody
was hurt, only one shot striking a sandbag, and the balloon landed
safely on German soil."
58. _Family Honour._
In February, 1906, Carlo Waddington, the son of the Chilian envoy at
Brussels, shot at and killed Balmaceda, the secretary of the Chilian
Legation. The cause of this action was that Balmaceda refused to marry
Waddington's sister, whom he had previously seduced.
59. _An Ocean Chase._
Recently in the Firth of Clyde the Fishery Board's cruiser _Vigilant_
observed a foreign trawler operating, it was alleged, within the
three-mile limit of Ailsa Craig. The trawler made off, and a stern
chase of over 20 miles, lasting about two hours, followed. The
_Vigilant_ fired several shots, to which the trawler paid no heed, but
ultimately the cruiser caught up the fugitive and compelled her to
stop. The mate of the _Vigilant_ boarded the trawler, the captain of
which refused to accompany the _Vigilant_ to Campbeltown, and, after
the officer had obtained particulars of the boat and the crew, the
trawler left for Fleetwood with the week's catch. The _Vigilant_
proceeded to Campbeltown and reported the matter to the Crown
authorities.
60. _The "Maori King."_
The vessel, the _Maori King_, was purchased in March, 1906, by Messrs.
Ginsburg and Co., a Russian firm. To enable the vessel to sail under
the British flag, all the shares in her were nominally transferred to a
British subject named Dow, who registered her in Shanghai as a
British-owned vessel. Subsequently she sailed under the British flag
from Vladivostok to Guaymos, in Mexico, carrying 921 Chinese coolies
and 217 Russians. In January, 1908, the British consul-general in
Shanghai seized the vessel as liable to forfeiture under §§ 69 and 76
of the Merchant Shipping Act, 1894.
SECTION XVI
61. _The Island of Rakahanga._
On Nov. 20th, 1908, the following paragraph appeared in the papers:
"News has reached here that on July 1 last the natives of Rakahanga, in
the Cook group, hauled down the British flag, and, after ejecting the
island council, appointed their own Government, judges and police. The
ringleader of the movement is a dismissed teacher of the London
Missionary Society."
62. _A Complaint against the Police._
A policeman, stationed at the corner of Bond Street and Oxford Street
for the purpose of regulating traffic, raises his hand as a sign for
carriages coming from Bond Street to stop. One of the drivers ignores
this sign and drives on. The policeman seizes the horse's head and
stops the carriage, whereupon a gentleman within complains, maintaining
that he is an ambassador to the English Court and that the police have
no right to stop him. As the policeman does not give way the ambassador
leaves his carriage and, going immediately to the Foreign Office,
complains of the violation of his privileges and demands the punishment
of the policeman.
63. _A Man with two Wives._
In 1900 Oscar Meyer, a German by birth, who is naturalised in England
without having ceased to be a German subject, marries an Englishwoman
in London. In the following year he obtains a judicial separation from
his wife. As his marriage was never known in Germany, he succeeds in
1902, while staying in Berlin, in marrying his niece, whom he brings
back to England as his wife. In 1905 the niece finds out that Meyer was
already a married man when he married her, and has him arrested for
bigamy.
64. _Murder on a Mail Boat._
The _Marie Henriette_ is one of those mail boats plying between Ostend
and Dover which are the property of the Belgian government and are
commanded by Belgian naval officers. On the 25th July, 1900, an Italian
on board murdered an English fellow-passenger on the voyage between
Ostend and Dover, within three miles of the latter port. On the arrival
of the vessel the captain handed over the murderer to the English
police authorities, but a few days later the Belgian government claimed
the extradition of the criminal.
SECTION XVII
65. _Persian Disorders._
The following telegrams, dated from Bushire, appeared in the papers on
April 12th, 1909:
"_April 10th._
"In view of the sense of insecurity caused by the looting of the
Tangistani tribesmen, who will not submit to any control, his Majesty's
cruiser _Fox_ to-day landed a party of bluejackets who are guarding the
place. The Tangistanis are now leaving the district."
"_April 11th._
"Before the bluejackets landed from the cruiser _Fox_ yesterday, the
British Resident in the Persian Gulf issued a proclamation informing
the public that the measure had been forced upon the British
authorities in the absence of any authority able to control the
Tangistanis or guarantee the safety of British and other foreign
subjects. The proclamation added that the bluejackets were being landed
solely for the purpose of protecting foreigners and would be withdrawn
as soon as security was assured."
On April 27th the following appeared in the _Times_ from Teheran:
"The advance guard of the Russian expedition to Tabriz left the
frontier yesterday. The main body marched this morning. The force
numbers 2,600, and consists of four squadrons of Cossacks, two
batteries of horse artillery, three battalions of infantry, and a
company of pioneers, escorting a large train of provisions.
"The commander of the troops has stringent orders to preserve a pacific
attitude, and it is expected that he will halt some distance outside
Tabriz, which he will not enter except in case of necessity.
"The Russian and British Legations will to-morrow jointly notify the
Persian Government of the action taken and of the motives which
prompted the despatch of an armed force into Persian territory."
66. _The Expulsion of Monsieur de Reus._
The following appeared in the papers of July 22nd, 1908, dated Caracas,
July 21st:
"President Castro has expelled M. J. H. de Reus, the Dutch Minister
Resident here. Dr. Paul, Minister for Foreign Affairs, sent his
passports to M. de Reus with a note informing him that, in view of the
opinions expressed by M. de Reus in a letter written on April 9th,
President Castro declares him to be incompetent to serve as a friendly
medium in the relations between Venezuela and the Netherlands.
"The letter referred to is probably M. de Reus's reply to President
Castro's demand that Holland should exercise more effectual vigilance
over Dutch vessels plying between La Guaira and Curaçao, in which
Venezuelan revolutionaries frequently effect their escape under assumed
names. This preceded the trouble caused by the closing of the port of
Curaçao to Venezuelan shipping on account of plague at La Guaira."
67. _The Case of McLeod._
Alexander McLeod was a member of the British force sent by the Canadian
government in 1837 into the territory of the United States for the
purpose of capturing the _Caroline_, which vessel had been equipped for
crossing into Canadian territory and taking help to the Canadian
insurgents. In 1841 McLeod came on business into the State of New York,
and was arrested and indicted for the killing of one Amos Durfee, a
citizen of the United States, on the occasion of the capture of the
_Caroline_.
68. _A Thwarted Suicide._
While the _Frau Elizabeth_, a German tramp steamer, is on the high seas
during a voyage between New York and Hamburg, a sailor, Heinrich Kalke,
jumps overboard with the intention of drowning himself. Another sailor
leaps into the sea after him in the hope of saving Kalke's life. He
succeeds in getting hold of the man, but Kalke struggles and, being
unable to free himself, draws a knife and stabs the sailor, who
thereupon sinks. While the struggle is in progress the vessel slackens
speed, a boat is lowered, and its occupants succeed in securing Kalke.
He is taken on board, conveyed to Hamburg, and there put on his trial
for murder. Counsel for defence asserts that Germany does not possess
jurisdiction, as the act was committed, not on a vessel sailing under
the German flag, but in the sea itself, and as, according to § 4, No. 3
of the German criminal code, a German can only be punished in Germany
for an act committed abroad, if the act concerned is punishable both by
the law of Germany and by that of the country where the act was
committed.
SECTION XVIII
69. _An Insult to an Ambassador._
The following appeared in the papers, dated St Petersburg, Feb. 4th,
1908:
"M. Bompard, the French Ambassador, regarding a recent paragraph in the
_Grazhdanin_ as insulting, has addressed himself to M. Isvolsky,
Minister for Foreign Affairs, complaining that the statement in
question was directed against himself in his capacity of representative
of the French Republic in Russia. He therefore asks for the protection
of the Imperial Government. Since the Press laws contain no provision
for the criminal prosecution of newspapers for insults offered to
representatives of friendly Powers, a decree has been issued whereby
the Prefect of St Petersburg, in virtue of the powers conferred upon
him under the law on 'extraordinary protection,' has inflicted upon the
editor of the _Grazhdanin_ a fine of 1,000 roubles (£100)."
70. _A Question of Legitimacy._
Edward Wolff, a German subject, domiciled in England since 1860, goes
to Germany in 1870 for the purpose of there marrying his niece. He at
once returns to England with his bride, and becomes naturalized in
1871. His wife dies in 1873 in giving birth to a son. In 1875 he
marries an Englishwoman in London. As the result of this marriage a
second son is born in 1876. In 1900 Wolff dies without leaving a will,
six months after the death of his second wife. The son of the second
wife claims the whole of his father's estate, maintaining that the
first marriage of his father was invalid and that therefore his
step-brother, being illegitimate, could not inherit.
71. _The Coachman of an Envoy._
In 1827 a coachman of Mr. Gallatin, the American minister in London,
committed an assault outside the embassy. He was arrested in the stable
of the embassy and charged before a local magistrate. The British
Foreign Office refused to recognise the exemption of the coachman from
the local jurisdiction.
72. _The Case of Schnaebelé._
On April 21st, 1887, Schnaebelé, the Commissionary of Police of
Pagny-sur-Moselle, crossed the German frontier on official business,
for the settlement of which he was invited to a meeting by the local
German functionaries. He was, however, at once arrested on a warrant
for being concerned with the organization of espionage.
SECTION XIX
73. _Amelia Island._
Amelia Island, at the mouth of St Mary's River, in Florida, was, in
1817, seized by a number of adventurers under the command of one
McGregor, who, in the name of the insurgent colonies of Buenos Ayres
and Venezuela, preyed not only on the commerce of Spain but also on
that of the United States. The island was, at that time, part of
Spanish territory; and as the Spanish government was not able to put an
end to the nuisance created to the United States by the seizure, the
latter ordered a man-of-war to expel McGregor and his men from Amelia
Island, to destroy their works and vessels, and to take possession of
the island for the purpose of preventing the recurrence of the
nuisance.
74. _Representation to China._
On Jan. 15th, 1909, after the dismissal of Yuan-Shih-Kai, the British
and the American diplomatic envoys at Peking called by appointment on
Prince Ching, who, as president of the Grand Council and the Wai-wu-pu,
is the highest official of the Chinese Empire. The purpose of the
appointment was to make a joint representation on the part of the two
powers regarding the dismissal, without any given reason, of
Yuan-Shih-Kai, whose services to the cause of order, stability, and
progress in China had inspired such confidence in their two
governments.
75. _Exemption from Rates._
The following appeared in the _Times_, Dec. 9th, 1908:
"The claim of Herr von Bethmann-Hollweg, a German Embassy official, to
be exempt from rates in respect of his residence at Walton-on-Thames
was before the urban council last night.
"A letter was read from the Rating of Government Property Department of
the Treasury stating that houses occupied by representatives of foreign
Powers and the accredited members of their suites were liable to
assessment in common with other property of the country, but as their
persons and personal effects were by international law exempt from
seizure if they refused to pay rates these could not be enforced
against them by process of law. Reciprocal arrangements had, however,
been entered into with certain Powers, Germany being one of them, under
which a contribution in lieu of rates was given by the Government to
local authorities in respect of such occupations.
"The Walton Council, in common, it is believed, with many other local
authorities in the country, had held the view that it was impossible to
recover rates under such circumstances, but their attention was drawn
to the present case by the Local Government Board auditor, at whose
suggestion they wrote to the Treasury, with the above result."
76. _Errant Balloons._
The following notice from Berlin appeared in the morning papers of
November 20th, 1908:
"The French Ambassador has drawn the attention of the Imperial
Government to the repeated landing of German balloons on French
territory in view of the possibility of unpleasant incidents arising
therefrom. The German military authorities are accordingly taking the
necessary measures to prevent as far as possible the future landing of
German balloons across the frontier."
SECTION XX
77. _Sully in England._
In 1603 Sully, who was sent by Henri IV of France on a special mission
to the English Court, called together a French jury in London, and had
a member of his retinue condemned to death for murder. The convicted
man was handed over for execution to the English authorities, but James
I granted him a reprieve.
78. _Homicide by an Attaché._
The attaché of an embassy in Paris during a dispute with his servant
draws a revolver and shoots him dead. His government orders him home,
but he refuses to obey, leaves the embassy, and settles down in Paris.
Thereupon his government demands his extradition from France.
How would the case have to be decided if the murderer has fled to
England and (1) his home state requires his extradition, (2) both
France and his home state require his extradition?
79. _A Disputed Capture._
On July 14th, 1805, during the war between Great Britain and Spain, the
British privateer _Minerva_ captured the Spanish vessel _Anna_, near
the mouth of the river Mississippi. When brought before the British
prize court in November, 1805, the United States claimed the captured
vessel, on the ground that the capture was effected within the American
territorial maritime belt. From the evidence brought forward it
appeared that the _Anna_ was captured at a spot five miles from the
mainland, but that there were several small mud islands composed of
earth and trees, which had drifted down the river and had fixed
themselves more than two miles off the shore.
80. _The Punishment for Murder._
In 1905 Henry Johnson, an English subject, commits a murder in London
but succeeds in escaping. In 1906 he appears in Rome under the name of
Charles Waiter and commits a murder there also. During his trial at
Rome his real name and antecedents are disclosed and reported in
England. As the Italian penal code does not provide capital punishment
and he is therefore only condemned to penal servitude for life, the
question is raised in the English Press whether England could not
demand the extradition of the murderer, so that he might be tried and
executed in England for the murder committed there.
SECTION XXI
81. _A Traitor's Fate._
In 1670 Frederick William, the great elector of Brandenburg, ordered
his diplomatic envoy at Warsaw, the capital of Poland, to obtain
possession of the person of one Colonel von Kalkstein, a Prussian
subject, who had fled to Poland for political reasons, as he was
accused of high treason. Von Kalkstein having been seized secretly on
November 28th, 1670, was wrapped up in a carpet and in this way carried
across the frontier and beheaded at Memel.
82. _An Interrupted Armistice._
During a war between states A and B, a general armistice is concluded,
without detailed stipulations. The commander of the forces of state A
is informed through spies that the enemy is throwing up defences within
the line where the forces face each other and is concentrating twice as
many troops in that place as had been there before the conclusion of
the armistice. This he considers a violation of the armistice, and,
fearing an attack, at once recommences hostilities, without any
previous denunciation of the armistice.
83. _Shooting Affray in a Legation._
In 1867 Nikitschenkow, a Russian subject not belonging to the Russian
Legation, attacked and wounded a member of that Legation within the
precincts of the embassy in Paris. The French police were called in and
arrested the criminal. The Russian government requested his
extradition, maintaining that, as the crime was committed inside the
Russian embassy, it fell exclusively within Russian jurisdiction.
84. _The Surrender of Port Arthur._
In January, 1905, the Russian general Stössel, the commander of Port
Arthur, while negotiating with the Japanese for the surrender of that
fortress, ordered some fortifications to be blown up and certain
Russian men-of-war in the harbour to be sunk.
SECTION XXII
85. _An Ambassador's Brother._
In 1653 Don Pantaleon Sà, the brother of the Portuguese ambassador in
London and a member of his suite, killed an Englishman named Greenway.
He was arrested by the English authorities, tried, found guilty, and
executed.
86. _A Detained Steamer._
In 1904, during the Russo-Japanese war, the _Captain W. Menzel_, a
German steamer, took in Welsh coal at Cardiff, with the intention of
carrying it to the Russian fleet en route for the Far East. The English
government detained the steamer. Could Germany have complained and
asked for damages?
87. _Prussia and the Poles._
The following appeared in the _Times_ of Dec. 2nd, 1907, dated Vienna,
Dec. 1st and 2nd respectively:
"A mass meeting took place to-day at Lemberg, the capital of Galicia,
to protest against the Polish policy of Prussia and Prince Bülow's
Expropriation Bill. Some 10,000 persons were present. In a much
applauded address, the vice-burgomaster condemned Prince Bülow's action
and called upon the Polish representatives in the forthcoming
Austro-Hungarian Delegations to vote against the Foreign Office
estimates. After the meeting, the police prevented an attempt to make a
demonstration against the German Imperial Consulate. The demonstrators
carried large caricatures of the Emperor William, Prince Bülow, and
Baron von Aehrenthal."
"To-day's reports show yesterday's anti-Prussian demonstration at
Lemberg to have been accompanied by some excesses. After the meeting a
number of demonstrators succeeded in breaking through the cordon of
police and in reaching the hotel where the German Consul has hitherto
lived. Several windows were smashed, and, in order to avoid an attack
upon the hotel, the hotel-keeper declared that he had already given the
Consul notice to quit and that the Consul had departed. The proposal of
a student that no inhabitant of Lemberg should give the German Consul
shelter on pain of being considered a traitor to the Polish cause was
enthusiastically acclaimed. A caricature of the Emperor William was
attached to the end of a rod and burned."
88. _A Charmed Life._
The following appeared in a London evening paper:
"In the list dealt with by Mr Plowden yesterday at Marylebone was a
charge against an Italian footman named Pito Conziani, aged
twenty-four, giving an address in Grosvenor-square, who was accused of
being found drunk and disorderly and using bad language the previous
night in Old Quebec-street.
"When the case was reached the accused came forward from a seat at the
back of the Court and was placed in front of the dock.
"A consultation immediately took place between the clerk and the
magistrate, and as a result Mr Plowden inquired who the accused was.
"Inspector Grace replied that he was, as he represented, in the service
of the Italian Ambassador, and he claimed privilege.
"Mr Plowden told the accused he bore a charmed life in this country in
certain respects, and ordered him to be discharged."
SECTION XXIII
89. _A Daring Robbery._
On July 15th, 1907, the papers published the following:
"Last night the steamer _Sophia_ was seized by armed robbers 16 miles
from Odessa, while on a voyage from this port to Korthion. At 11
o'clock three young men appeared on the deck, where the captain and the
passengers were at supper, and held them in check while two others
seized the man at the wheel and ordered him, under threat of death, to
set the ship's course for Odessa. Some of the robbers, who appear to
have numbered 18 in all, then went into the first-class saloon, where
they took possession of an iron cash-box containing 50,000 roubles
(£5,000), which was in charge of a cashier of the Russian Bank for
Foreign Trade. They also took 1,000 roubles (£100) belonging to the
passengers. The robbers then proceeded to disable the engines, and let
off all the steam, and finally made their escape in two of the
_Sophia_'s boats after destroying the third. The police are seeking to
trace the band, but hitherto without success."
90. _The Fall of Abdul Hamid._
On April 29th, 1909, after the fall of Abdul Hamid and the enthronement
of Mohammed V, the President of the United States of America sent the
following telegram to the new ruler of Turkey:
"I offer your Majesty my congratulations on your accession to the
Throne with such universal acclaim voiced by the people's
representatives and at a time so propitious to the highest aspirations
of the great nation over which you rule as the august head of a
constitutional Government. I assure you of the friendship of the
Government and people of the United States, who earnestly wish for your
Majesty's happiness and for that of the people within your dominions,
and I add my own wishes for your Majesty's health and welfare."
91. _A President Abroad._
The _Times_ of Dec. 4th, 1908, contained the following telegram, dated
Paris, Dec. 3rd:
"The French Government will come to a decision at the Cabinet Council
to be held on Saturday as to the conditions upon which President
Castro, the despot of Venezuela, will be allowed to land in France. At
the moment of his departure for Europe it was reported that the object
of the President's journey was to see a distinguished specialist with a
view to a surgical operation. Since then, however, trustworthy
information has reached the Quai d'Orsay to the effect that his state
of health is not so precarious as it had been reported to be, and that
he looks forward to receiving in Paris the hospitality to which South
Americans are accustomed. If that be the case, there are serious
reasons for believing that he will meet with disappointment. The
relations between France and Venezuela have been suspended now for
several years, and the French representative at Caracas, it will be
remembered, was expelled from Venezuela. The French Foreign Office is
at present engaged in preparing a statement of its grievances against
President Castro, to serve as a basis for the discussion in the next
Cabinet Council of the delicate questions raised by the Dictator's
decision to visit this country."
Again, the _Times_ of Dec. 11th contained the following, dated Paris,
Dec. 10th:
"President Castro landed in France this morning from the steamer
_Guadeloupe_ at Pauillac, where he was met by the Venezuelan Consul at
Genoa and a dozen or more friends. He took a special train from
Bordeaux, and on arriving with his wife, brother, three doctors, and
six servants, he allowed himself to be photographed, subsequently
driving to the Hôtel de France. On reaching the hotel he received a
visit from M. Gout, a high official at the Quai d'Orsay, who had been
specially despatched by the Minister for Foreign Affairs to inform
President Castro of the conditions on which the Government has allowed
him to land in France, and on which he will be permitted to stay here.
The Government has refused to reveal the details of the decision at
which it arrived in the Cabinet Council of last Saturday as to its
treatment of the Venezuelan President. He declared to the
representative of the French Foreign Office that he had come to Europe
as a mere private individual to see a doctor, but a semi-official note
communicated this evening states that 'it is believed that he will take
advantage of his stay to try to settle his affairs with the various
Powers which no longer have agents accredited to his Government.'
"There is reason to believe that this very guarded and somewhat
enigmatical statement marks the definite decision of the French
Government to demand from President Castro a complete settlement of all
the questions outstanding between him and this country. It is felt that
while France cannot repudiate her traditions of hospitality, she has
nevertheless seized this opportunity to make it quite clear to the
President that any prolongation of his sojourn here must depend on his
meeting the views of the French Government."
92. _A Rejected Ambassador._
In 1885 Italy refused to receive Mr. Keilly as ambassador of the United
States of America, because he had, in 1871, protested against the
annexation of the Papal States. And when the United States sent the
same gentleman as ambassador to Austria, the latter refused him
reception, on the ground that his wife was said to be a Jewess.
SECTION XXIV
93. _Revictualling of a Fortress._
During a war between states A and B, a general armistice is concluded
for thirty days, without any detailed stipulations. The commander of a
besieged fortress claims the right of re-victualling, but the commander
of the besieging forces refuses this. The besieged commander considers
this refusal a violation of the armistice and threatens to denounce it
unless the besieging commander complies with his request.
94. _Dutch Reprisals._
In consequence of the dispute which had arisen between Holland and
Venezuela in 1908--see the case of the Expulsion of M. de Reus, above
p. 85--the Dutch government sent some cruisers into Venezuelan waters
with the intention of resorting to reprisals. Accordingly the Dutch
cruiser _Gelderland_ captured on Saturday, Dec. 12th, 1908, the
Venezuelan coastguard ship _Alexis_ outside Puerto Cabello. The captain
of the _Alexis_ was put ashore at Puerto Cabello, and he forwarded to
his government at Caracas the following communication handed to him by
the officer of the _Gelderland_ who boarded his vessel:
"_December 12._
"Her Majesty the Queen of Holland has given orders to her warships
temporarily to sequestrate and place an embargo upon all vessels of the
Venezuelan Government. This is a retaliatory measure. We demand that
you lower your flag and surrender your ship and your persons to the
commander of the _Gelderland_. All resistance will be useless. If you
resist the result will be the loss of your vessel and the death of many
of you.
"SECOND LIEUTENANT BOINAR."
95. _Birth on the High Seas._
An Englishwoman gives birth to an illegitimate child on board a German
liner while on the high seas on a voyage to New York. The child's
father is German. What is the nationality of the child?
96. _A High-handed Action._
On the 15th of March, 1804, Napoleon, though at peace with Baden, sent
a body of troops into the territory of this state for the purpose of
surprising the castle of Ettenheim and of carrying off the Duke of
Enghien. The Duke was brought to the castle of Vincennes, near Paris,
and the same night was tried by court martial on the charge of high
treason for having borne arms against France. He was convicted, and was
shot on the following morning.
SECTION XXV
97. _"The Southern Queen."_
During an insurrection on an island belonging to state A, the _Southern
Queen_, a vessel sailing under the flag of state B with a cargo of
ammunition and carrying a number of individuals desirous of joining the
insurgents, is on her way to a port in the island concerned. State A,
receiving information of the matter, orders a man-of-war to be on the
look out for the vessel and to seize her. The order is carried out on
the high seas, 150 miles away from the island.
98. _A Three-cornered Dispute._
In April, 1893, the Viceroy Li Hung Chang granted the exclusive right
of the free importation of grain into Tien-Tsin to the China Merchants
Steamship Navigation Company. England protested against this monopoly,
because it was contrary to Article 3 of the Treaty of Commerce between
China and the United States, the benefits of which England could claim
in consequence of the most favoured nation clause in her own treaties
with China. The Chinese government answered that the United States had,
by passing the Chinese Exclusion Act, broken the commercial treaty
concerned, that therefore the treaty had come to an end, and that no
one could, under the most favoured nation clause, claim any longer the
benefits of a treaty which had ceased to exist. (See Lehr, in the
_Revue de Droit International et de Législation Comparée_, Vol. XXV.
(1893), p. 313.)
99. _Russian Revolutionary Outrage in Paris._
The following appeared in the _Times_ of May 10th, 1909:
"A Russian, who described himself as Colonel von Kotten, chief of the
Moscow secret police, was shot at yesterday by an escaped Russian
convict, Michael Vitkoff, at an hotel in the Rue Bolivar, where the two
men met by appointment. According to the police officer's story,
Vitkoff was a Polish revolutionary who had been sentenced to
deportation to Siberia, but who had been reprieved upon volunteering to
act as a police spy on the movements of his revolutionary comrades.
Vitkoff subsequently came to Paris, and upon the arrival of the police
officer in the French capital a few days ago he induced Colonel von
Kotten to visit him upon the pretext that he had important information
to communicate. No sooner had the officer entered Vitkoff's room than
the latter fired several shots at him with a revolver, none of which,
however, took effect. A hand-to-hand struggle followed, in which
Vitkoff was worsted. The man succeeded in making his escape, but gave
himself up at the nearest police station, where he told his story,
which was confirmed by Colonel von Kotten, who arrived shortly
afterwards little the worse for his experience. Vitkoff was taken into
custody and will be charged with attempted murder.
"Minute details of the attack upon Colonel von Kotten are published,
but they shed little or no light upon the motives of the aggression. In
some quarters it is suggested that, unless Vitkoff's action was purely
personal, it may have been dictated by a desire on the part of the
Russian revolutionaries to secure by means of a judicial trial in
France the publicity which even the Azeff and Feodoroff cases have
failed to gain for their efforts to expose the activity of the Russian
secret police."
100. _The Detention of Napoleon I._
The question is frequently discussed whether the detention of Napoleon
I at St Helena was or was not in accordance with international law. The
facts of the case are as follows: After having abdicated the throne of
France in favour of his son, Napoleon thought of taking refuge in
America, and therefore set out for the port of Rochefort. Arriving
there on July 3rd, 1815, he found the harbour watched by a British
fleet. After some days of deliberation he made up his mind to throw
himself on the mercy of the English people, and therefore on July 13th
he wrote to the Prince Regent that he came to take his seat at the
hearth of the British people and that he placed himself under the
protection of the British laws. On July 15th he went on board the
English ship the _Bellerophon_ and gave himself into the charge of her
captain, by whom he was conveyed to England. On August 7th Napoleon was
removed to H.M.S. _Northumberland_, and the commander was instructed to
convey him, together with a suite of twenty-five persons, to the island
of St Helena. He arrived on Oct. 17th and remained there a prisoner of
state up to the day of his death on May 5th, 1821.
In transporting and detaining Napoleon Great Britain carried out a
mandate of the allied powers, for three identical conventions
concerning the detention of Napoleon were signed at Paris on August
2nd, 1815, by the representatives of Austria, Great Britain, Prussia,
and Russia. The important stipulations of the conventions--see Martens,
_N.R._ II. p. 605--are the two following:
"_Art. I._ Napoléon Bonaparte est regardé par les Puissances qui ont
signé le traité du 25 mars dernier comme Leur prisonnier.
"_Art. II._ Son garde est spécialement confiée au Gouvernement
Britannique. Le choix du lieu et celui des mesures qui peuvent le mieux
assurer le but de la présente stipulation sont réservés à Sa Majesté
Britannique."
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