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which filled Germany with mourners, and covered France with wasted fields, and cities and villages battered and burnt. Half a year of war caused more sorrow and suffering than a century of peace.

It is, therefore, to be assumed that any well considered scheme which promises to lessen the number of wars, will receive the countenance of all good men. The scheme of the text is submitted, in the hope that, if it be not accepted, it may at least stimulate inquiry, and lead to some thing more acceptable, and more efficacious in preserving the peace of the world.

Whether it be possible to prevent war altogether, is the problem of the future, but it can not be doubtful that the chances and the occasions of its occurrence may be lessened. These articles are framed with that view. They are not the result of mere speculation. Most of them have experience of some sort, greater or less, to recommend them.

The rule requiring a statement of grievances to be made out and submitted to the government complained of, and requiring a definite answer, will tend to prevent wanton and unprovoked attack.

The rule requiring the creation of a Joint High Commission, which shall at least meet to discuss the differences, and seek to reconcile them, follows the precedent set by the United States and Great Britain, in their manner of treating the Alabama Dispute.

The submission to arbitration has already been stipulated in several treaties. It is an effectual and honorable mode of settling differences. The manner of selecting arbitrators is suggested by the provisions of the Articles of Confederation of the United States of America, which were as follows:

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The United States, in Congress assembled, shall also be the last resort, on appeal, in all disputes and differences now subsisting, or that hereafter may arise between two or more States concerning boundary jurisdiction, or any other cause whatever; which authority shall always be exercised in the manner following: Whenever the legislative or executive authority, or lawful agent of any State in controversy with another, shall present a petition to Congress, stating the matter in ques. tion, and praying for a hearing, notice thereof shall be given, by order of Congress, to the legislative or executive authority of the other State in controversy, and a day assigned for the appearance of the parties, by their lawful agents, who shall then be directed to appoint, by joint consent, commissioners or judges, to constitute a court for hearing and determining the matter in question; but if they can not agree, Congress shall name three persons out of each of the United States, and from the list of such persons each party shall alternately strike out one, the petitioners beginning, until the number shall be reduced to thirteen; and from that number not less than seven nor more than nine names, as Congress shall direct, shall, in the presence of Congress, be drawn out by lot; and the persons whose names shall be so drawn, or any five of them, shall be commissioners or judges, to hear and finally determine the controversy, so always as a major part of the judges, who shall hear the cause, shall agree in the determination; and if either party shall

neglect to attend at the day appointed, without showing reasons which Congress shall judge sufficient, or, being present, shall refuse to strike, the Congress shall proceed to nominate those persons out of each State, and the Secretary of Congress shall strike, in behalf of such party, absent or refusing; and the judgment and sentence of the court, to be ap pointed in the manner before prescribed, shall be final and conclusive; and if any of the parties shall refuse to submit to the authority of such court, or to appear, or defend their claim or cause, the court shall nevertheless proceed to pronounce sentence or judgment, which shall in like manner be final and decisive, the judgment or sentence and other proceedings being in either case transmitted to Congress, and lodged among the acts of Congress, for the security of the parties concerned; Provided, That every commissioner, before he sits in judgment, shall take an oath, to be administered by one of the judges of the supreme or superior court of the State where the cause shall be tried, "well and truly to hear and determine the matter in question, according to the best of his judgment, without favor, affection, or hope of reward."

Why the several provisions of the text, or others of similar purport and design, should not be adopted, and why, if adopted, they should not answer the purposes intended, it would be difficult to say. National pride would not be touched, national interests would not suffer. War is a national duel. Private dueling, that is, private warfare, has been either abolished, or reduced to a minimum. If it has been found practicable to make individuals settle their disputes in some other way than by the rapier or the pistol, it is not easy to see why any number of individuals composing a nation should not be brought to do the same thing.

538a. The canal already made across the isthmus of Suez, and any canal that may hereafter be made across the Isthmus of Panama, shall be deemed neutral territory, in all cases of war between any nations whatever, and no capture, detention, or injury of any kind shall be made or inflicted by any belligerent upon the ships or other property of any other belligerent, or upon the person of any member of a belligerent nation, either on the line of the canal, or within sixty nautical miles of either extremity thereof.

For a full discussion of the reasons for this article, see a series of papers in the London Hour, by Sir Travers Twiss.

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The general principles which have been kept in view in framing the Articles of this Division, and which are discussed in more detail in various notes, may be indicated as follows:

1. Each nation should be allowed to regulate all transactions affecting the ownership of its own soil. According to some authorities, the capacity of the person, as to taking or conveying, depends on the law of his nationality, (Fœlix, Droit Intern.;) but this does not seem reasonable. 2. Each nation should be allowed to regulate all transactions had within its limits, whether between citizens or foreigners, except such as affect the ownership of the soil of another nation.

These principles are commended alike by their recognition of the fundamental doctrine of the territorial sovereignty of nations, by their affording individuals convenient means of knowing what the law is to which they must conform in every case, and by their being in harmony in these respects with the progress and tendency of modern jurisprudence. The ancient rule, of oriental origin perhaps, maintains the sovereignty of the laws of a nation over the personal capacity, and, therefore, over the transactions of its own members, even when they are within the territory of another nation, opposing in this respect the territorial sover

eignty of others. This claim, which even the nations asserting it do not reciprocally yield to other nations, has necessarily given rise to much conflict and uncertainty, for it requires that a citizen dealing with a foreigner should ascertain at his peril the fact of the foreigner's alienage, the nationality he bears, and the law of that nationality respecting the personal capacity of the foreigner.

The general rule demanded by modern commerce, and which is gradually forcing its way into recognition in all civilized countries, is, that contracts, and other acts not affecting the soil of a foreign nation, are valid everywhere, if valid by the law of the place where they are made or are to be performed, subject to certain simple restrictions necessary to guard against the use of the law of one place to sanction wrongful evasions of the law of another, or to prejudice creditors in another. This is the only rule which alike satisfies the sovereignty of the State, and ruts it in the power of every person to ascertain the rule of law to which he is bound to conform.

In the application of these principles, it is to be observed that, as to any transaction constituted by several acts done in different jurisdictions, the Code must furnish a test to determine which place shall be considered the one where the transaction is had, and that uniformity of rights and remedies should be secured as far as may be, without respect to the difference of forum.

The exceptions and qualifications of these leading principles are considered as they arise, in the different Articles of the Division.

TITLE XXIV.

CONDITION OF PERSONS.

CHAPTER XXXVIII. General provisions.

XXXIX. Marriage.

XL. Guardianship and mental alienations.

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