Part 13 (1/2)

(4) The foreign state may impose such restrictions upon _settlement_ as it sees fit.

(5) A foreign state may _levy_ such _taxes_ upon the person and goods of aliens as are in accord with state law.

(6) Aliens are subject to the local _sanitary and police jurisdiction_.

(7) The foreign state has _penal jurisdiction_ over aliens for crimes committed within territorial limits, and many states maintain, also, for such crimes as plotting against the state, counterfeiting state money, or crimes directly imperiling the state's well-being even when committed outside of state limits.

(8) The state may require aliens to render service such as is necessary to _maintain public order_, even military service, to ward off immediate and sudden danger, _e.g._ as an attack by savages, a mob, etc., but

(9) A state cannot compel aliens to enter its _military service_ for the securing of _political ends_, or for the general ends of war.

(10) In nearly all states _freedom of commerce_ is now conceded, the state giving to native and foreigner similar privileges. China still restricts trade to certain free ports.

(11) The _holding and bequeathing of property_ of whatever sort is subject to local law.

(12) _Freedom of speech and of wors.h.i.+p_ are also subject to local law.

All these laws are subject to the exemptions in favor of sovereigns, diplomatic agents, etc.

(_c_) Ordinarily the ident.i.ty of an alien is established by a =pa.s.sport=. This may also secure for him a measure of care in a foreign state. Below is the form of pa.s.sport.

Good only for two years from date.

UNITED STATES OF AMERICA

+Department of State+

_To all to whom these presents shall come, Greeting_:

I, the undersigned, Secretary of State of the United States of America, hereby request all whom +DESCRIPTION+ it may concern to permit

Age.... Years.....................

Stature... Feet... Inches..., Eng. .............. ..............., Forehead.......................... a Citizen of the United States, Eyes.............................. ........................ safely Nose.............................. and freely to pa.s.s, and in case Mouth............................. of need to give ... all lawful Chin.............................. Aid and Protection.

Hair..............................

Complexion........................ Given under my hand and the Face.............................. Seal of the Department of State, at the City of Was.h.i.+ngton, the (+SEAL+) ... day of ....... in the year 19..., and of the Independence of (Signature of the Bearer) the United States the one hundred .................................. and.................

No..... ................

-- 61. Exemptions from Jurisdiction--General

As a general principle, the sovereignty of a state within its boundaries is complete and exclusive. For various reasons there has grown up the custom of granting immunity from local jurisdiction to certain persons generally representing the public authority of a friendly state. This immunity may extend to those persons and things under their control.

This immunity has been called exterritoriality. The persons and things thus exempt from local jurisdiction are regarded as carrying with them the territorial status of their native state, or as being for purposes of jurisdiction within their own state territory, and beyond that of the state in which they are geographically. Wherever they may go they carry with them the territory and jurisdiction of their home state. Doubtless this doctrine of exterritoriality in the extreme form may be carried too far, as many late writers contend, and some have desired another term, as immunity from jurisdiction, as more exact and correct.[177] Such a term would have the merit of directing attention to the nature of the relation which the persons concerned sustained to the state. Hall sums up the case by saying, ”If exterritoriality is taken, not merely as a rough way of describing the effect of certain immunities, but as a principle of law, it becomes, or at any rate is ready to become, an independent source of legal rule, displacing the principle of the exclusiveness of territorial sovereignty within the range of its possible operation in all cases in which practice is unsettled or contested.”[178] Exterritoriality should be viewed as based on the immunities conceded to public persons, rather than as the source of these immunities.

-- 62. Exemption of Sovereigns

Sovereigns sojourning in their official capacity in foreign countries are exempt from local jurisdiction. This principle is based, not merely upon courtesy, but also upon convenience and necessity. The sovereign represents the state, and therefore cannot be subjected to the jurisdiction of another state without waiving the sovereignty, and in so far depriving the state of one of its essential qualities. Nor can the visiting sovereign exercise any authority which would infringe the sovereign powers of the state in which he is. The visiting sovereign can only claim immunity for such action as is in accord with the necessities of his convenient sojourn. He, his retinue, and effects, are exempt from civil and criminal jurisdiction. He is free from taxes, duties, police and administrative regulations. In the case of Vava.s.seur _v._ Krupp, 1878, it was decided that infringement of the patent law did not const.i.tute a ground for suit against a sovereign. In this case Vava.s.seur brought action against Krupp for infringement of patent on sh.e.l.ls in custody of the agents of the Mikado of j.a.pan. The action resulted in an injunction preventing removal of the sh.e.l.ls to the Mikado's s.h.i.+ps, but on application of the Mikado to remove the sh.e.l.ls as his property, the court held that, even if the property in question infringed a patent, the Mikado could not be sued and his property could not be held.[179]