3. All territory discovered or colonized by the nation, as provided in Title II., on EXTRA-TERRITORIAL ACTION, to the extent of its occupation thereof, as therein defined; and,

4. All places occupied by its marine telegraphs, light-houses, buoys, and other structures or property, not within the territory of any other nation, for the purposes of protecting such property and structures, and redressing injuries thereto.

11 Phillimore's International Law, 215.

2 This qualification is obviously necessary.

3 As to public ships, the jurisdiction is exclusive. 1 Phillimore's Int. Law, 367; The Santissima Trinidad, 7 Wheaton's U. S. Supreme Ct. Rep., 283. The restriction to ships of war, made by the language of some authorities, it does not seem desirable to retain. Exceptions in the case of prize are reserved, to be treated in the Book on WAR.

4 In this article a ship is regarded as a place, although vessels at sea are no longer considered as part of the territory of a nation. The flag protects nothing but the vessel, and only designates to what portion of the globe she belongs. Jurisdiction over what is on board ship is therefore extra-territorial. Johnson v. Twenty-one Bales, &c., 2 Paine's U. S. Circuit Ct. Rep., 601; S. C., 6 American Law Journal, 68.

5 1 Phill. Int. Law., 373; The Exchange v. McFaddon, 7 Cranch's U. S. Rep., 116. To the contrary, Mahler v. Transportation Co.

"Law of place" defined.

310. The expression, "law of place," as used in this Code, signifies the law of the nation or State' within whose jurisdiction,' territorial or extra-territorial, for the time being, the transaction is had, or the subject exists.

3

1 A question may arise here as to the proper rule to be applied on a question on which the local and the national or federal tribunals are at variance, as is the case upon some subjects of commercial law in the American courts.

2 The definition is not limited to the exclusive jurisdiction, as there is a small class of cases in which the jurisdictions are concurrent, yet do not conflict. The case of conflict is provided for by the next article.

There is another qualification which, according to some authorities, should be added, viz: that which was the law at the time of the transaction. But we have thought that the effect of a change in the law is a municipal and not an international question; and this article leaves the effect of a change of the law of place to be determined according to that law.

Conflict of concurrent jurisdiction.

311. In case of a conflict in the exercise of the concurrent jurisdiction, defined in article 309, the territorial jurisdiction is paramount to the extra-territorial, except where otherwise provided in this Code.

Persons attached to a foreign public ship do not by landing come under the territorial jurisdiction. Wheaton's Elements of International Law, v. 1, pt. 2, ch. 2; Ortolan, Régles Int. et Dipl. de la Mer, v. 1, 195.

Subjects of jurisdiction.

The jurisdiction of a nation extends to the following subjects :

1. To all persons and things in the places subject to its jurisdiction, territorial or extra-territorial, except as otherwise provided in this Code;

2. To its own property in other places, except as otherwise provided in this Code;

3. To all its own members and their property in any other places, in the cases provided in this Code, and in no other;

4. To the regulation of all transactions completed within its limits between living persons; and,

5. To the regulation of the devolution, at death, of all the movable property of all persons domiciled therein at the time of their death.

Limits of exercise as to foreigners.

313. The jurisdiction of a nation, so far as it affects foreigners or foreign nations, is to be exercised subject to the provisions of this Code.

Foreign military and naval forces.

314. In the case of military or naval forces of one nation occupying, or in transit through, the territory of another nation, by the consent of the latter, the jurisdiction of the former over the members of such forces is subject to the conditions of the consent.

TITLE IX.

DUTIES OF A NATION TO FOREIGNERS.

CHAPTER XXIV. Personal condition of foreigners.
XXV. Personal rights.

XXVI. Rights of property.

XXVII. Wrecks.

This title is restricted to those rights of foreigners which are secured by the Code only to members of nations uniting in it. The numerous rights and obligations which are applicable to all nations whatever, and all foreigners, of whatever nationality, are among the subjects treated under Division Second, concerning PRIVATE INTERNATIONAL Law.

CHAPTER XXIV.

PERSONAL CONDITION OF FOREIGNERS.

ARTICLE 315. Who are foreigners.

316. Laws of a nation are applicable to foreigners.

317. Duty to administer justice.

Who are foreigners.

315. The national character of persons as foreigners or members of the nation, and the domicil of foreigners, are defined in Titles VI. and VII.

Laws of a nation are applicable to foreigners.

316. Except as is herein otherwise expressly provided, foreigners, while within the places subject to the jurisdiction of a nation, are, equally with the members of the nation, subject to its laws, and entitled to the protection thereof, for their persons and their property.

Ferguson on Marriage and Divorce, 57; Reeding v. Smith, 2 Haggard's Consistory Rep., pp. 371, 384-386, per Lord STOWELL; 1 Kent's Commen

taries, 36; Woolsey's International Law, 96; Bluntschli, Droit International Codifié, § 386.

The right of resort to the tribunals is defined by the Chapter concerning JUDICIAL POWER IN CIVIL CASES, in Part VI., entitled ADMINISTRATION OF JUSTICE.

Duty to administer justice.

317. It is the duty of a nation to administer justice, where foreigners or other nations are concerned, in the cases specified in Part VI., entitled ADMINISTRATION OF JUSTICE.

CHAPTER XXV.

PERSONAL RIGHTS OF FOREIGNERS.

SECTION I. Rights of residence.

II. Of occupation.

III. Of religion.

SECTION I.

RIGHTS OF RESIDENCE.

ARTICLE 318. Commercial intercourse.

319. Free entry of foreigners.

320. Traffic in laborers.

321. Exclusion.

322. Passports and safe conducts.

323. Effect of safe conduct.

324. Effect of passport.

325. Passports not to be required.

326. Armed expeditions.

327. Searches and seizures.

328. Unusual burdens not to be imposed.

329. Removal.

Commercial intercourse.

318. No nation has the right to interdict, absolutely, the entrance of foreigners into its territory, or to close the country to general commerce.

Bluntschli, Droit Intern. Codifié, § 381.

The original doctrine of international law does not sustain this position, but whatever doubts may have been raised on the point are now practically settled by many treaties of friendship and commerce which have established among Christian nations the rule stated in the article.

Free entry of foreigners.

319. Members of any nation, with their families and property, may freely enter, reside and become domiciled in any other nation, subject to the provisions of this Code, and of special compacts, and subject to the revenue, sanitary, police and other laws of the country, so far as the same are applicable to foreigners.

This is according to the rule stated by Kent, (1 Commentaries, 35), as the one which is now generally settled in commercial treaties. Vattel, (Law of Nations, Bk. 2, ch. 8, §§ 100, 101,) after speaking of the right of the lord of the territory to impose conditions, says: but in Europe the access is everywhere free to every person who is not an enemy of the State, except in some countries, to vagabonds and outcasts; upon the tacit condition, however, of obedience to the laws.

The exceptions of paupers, criminals, enemies, &c., are provided for in Chapter XVII., concerning ASYLUM, and in Book Second, on WAR.

Traffic in laborers.

320. Engaging, transporting, or employing laborers taken from any country whatever, and bound to service, whether for a fixed term or otherwise, excepting emigrants removing by their own free and intelligent consent, is a public offense; and all agreements for service entered into in reference to such traffic are void.

Suggested by the act of Congress of the United States, Feb. 19, 1862, (12 U. S. Stat. at L., 340,) to prohibit the "Coolie trade," which provides, that no citizen of the United States, or foreigner coming into or residing within the same, shall, for himself, or for any other person whomsoever, either as master, factor, owner, or otherwise, build, equip, load, or otherwise prepare, or send to sea, or navigate any ship, for the purpose of procuring from China, or from any port or place therein, or from any other port or place, the inhabitants or subjects of China, known as Coolies," to be transported to any foreign country, port or place whatever, to be disposed of, or sold, or transferred for any term of years, or for any time whatever, as servants or apprentices, or to be held to service or labor; or take on board of any ship, or receive, or transport any such persons, for the purpose of so disposing of them; or knowingly be engaged in anywise aiding or abetting therein. But nothing in the act is to be deemed