the Treaty-Engagements of Vienna. A subsequent and more careful investigation, has induced Hanover to admit that the Stade Toll is a River-toll, and it has been accordingly regulated by the Elbe-bordering States under the Convention of Dresden 33, (30 August, 1843.) This toll accordingly, which was originally a territorial toll levied under the authority of the Roman Emperor of the Germans upon all vessels coming from the Sea into a river of the Germanic Empire, has been regulated by a Convention in pursuance of the Treaty-Engagements of Vienna: it has thus been sanctioned by the Conventional Law of Europe. The Stade Toll had beyond all doubt a rightful origin, and its rightful origin has secured its recognition; unlike the Glückstadt toll, which the King of Denmark, as Duke of Holstein, attempted to levy in the Seventeenth Century upon all vessels passing by the Port of Glückstadt, but which the English and Dutch nations, and above all the citizens of Hamburgh successfully resisted. 33 Martens, N. R. Géneral, V. p. 530. 34 Treaty of 1645. Schmauss, Corp. Jur. Gent. I. p. 356. Lord Molesworth's Account of Denmark, anno 1692. Incidents of the Empire. CHAPTER IX. RIGHT OF JURISDICTION. Incidents of the Right of Empire-National Sovereignty properly Territorial-The Jus Civile of a State operative only within its Territory-The Comity of Nations sometimes gives effect to Foreign Laws-Personal, Real, and Mixed Statutes-Growth of Private International Jurisprudence-Exceptional position of Europeans whilst resident amongst Asiatic Nations-Personal Actions of Foreigners-Extra-territoriality of certain Foreign Persons and Things-Merchant Vessels subject to the Territorial Law-Right of Emigration-Domicil the criterion of National Character-Jurisdiction and Remedies-Comity of Nations in regard to Personal Property Domicil of Origin and Domicil of Choice. $150. THE Empire of a Nation within its own terRight of ritory is of Natural Right exclusive and absolute: it is susceptible of no limitation not imposed by the Nation itself, for any restriction imposed upon its exercise, deriving force from an external authority, would imply an impairment of a Nation's Independence to the extent of that restriction, and an investment of Sovereignty to the same extent in that Power which had imposed such restriction. All exceptions, therefore, to the free exercise of the Right of Empire by a Nation within its own territory must be derived from the consent of the Nation itself. The Right of Civil and Criminal Legislation in respect of all property and persons within the territory of a Nation is an incident of the Right of Empire. It follows, therefore, that the Laws of every Nation bind of Natural Right all property situate within its territory, as well as all persons resident therein, whether they be natives or strangers, and that they control and regulate all the acts done, or contracts entered into within its limits. Every Nation has accordingly an absolute right to order the conditions under which Real or Personal Property situate within its territory may be held or transferred, as well as to determine the capacity of all persons resident therein to enter into Contracts, as well as the formalities requisite to give legal effect to such Contracts, and the rights and obligations resulting thereupon; and finally to prescribe the conditions under which actions at law may be brought before its tribunals, and the remedies which may be administered in its Courts'. Sove Territorial. §151. A Nation cannot by its Laws directly bind National property which is beyond the limits of its terri- reignty tory, nor directly control persons who are not resi- properly dent therein. This is a necessary consequence of the proposition advanced in the preceding section; for it would be inconsistent with the absolute character of Territorial Empire, if the Laws of a Nation could bind persons or property within the territory of another Nation, and so control the operation of the Laws of the latter Nation within its own territory. Rodenburg has accordingly observed, that no Sovereign Power can of Right set Law beyond the limits of its territory. Constat igitur extra territorium legem dicere nemini licere; idque si fecerit quis, impune ei non pareri, quippe ubi cesset Statutorum fundamentum, cessant robur et jurisdictio"." Boullenois lays down a similar rule: "Of strict Right, all the Laws set by a Sovereign have only force and authority throughout his dominions"." Vattel concurs in this view, when he says, "The Empire united to the 66 1 Boullenois, Traité des Statuts, T. I. p. 2, 3, 4. Story, Conflict of Laws, § 18, 19. Fælix, Droit International Privé, § 9. 2 Rodenburg, De Statutis, Tit. I. c. 3. § 1. 3 Boullenois, Traité des Statuts, Principes Généraux, VI. Jus Civile of a State only within its terri tory. domain establishes the jurisdiction of the Nation within its territory. It is its province, or that of its Sovereign, to exercise Justice in all the places under its Empire; to take cognisance of the crimes that are committed, and the differences that arise in the country." No Law accordingly is operative, proprio vigore, beyond the limits of the territory of the State which has set it. "There is no doubt," writes Chancellor Kent", " of the truth of the general proposition, that the Laws of a country have no binding force beyond its own territorial limits, and their authority is admitted in other States, not ex proprio vigore, but ex comitate, or in the language of Huber, “quatenus sine præjudicio indulgentium fieri potest," &c. Another eminent American authority, Chief Justice Parker, has recognised a similar doctrine in an elaborate Judgment, in the course of which he observes, that "the laws of a State cannot by any inherent authority be entitled to respect extra-territorially, or beyond the jurisdiction of the States which enact them; this is the necessary result of the Independence of distinct Sovereignties"." §152. A difference of kind exists between the operative Authority which a Nation claims to bind its own natural born and naturalised subjects by its laws, in whatever country they may be, and the Right which a Nation possesses to control by its Laws all persons and property within its territory. The former authority is founded upon an implied or express Compact amongst the members of the Political Society which constitutes the Nation, and which Compact 4 Droit des Gens, B. II. § 84. 5 Martens, Précis du Droit des Gens, § 86. 6 Kent's Commentaries, Tom. II. § 457. 7 Blanchard v. Russell, 13 Massachusetts Repts. p. 4. cf. Bank of Augusta v. Earle, 13 Peter's Repts. p. 584. has given rise to personal obligations on the part of the subject members towards the Sovereign Power; by virtue of which the Sovereign Power of a Nation may enforce its Laws against the subject members, as soon as they have returned within the limits over which its Right of Empire extends. The latter Right is incidental to the Right of Empire; which is a Paramount Right within the limits of a Nation's territory. When, therefore, it is said that the Sovereign Power of a Nation may bind by its Laws its natural born or naturalised members everywhere, it must be understood that this attribute of personal Sovereignty is subordinate to the attributes of territorial Sovereignty; and that a Nation cannot enforce its Laws against its subjects whilst they are within the territory of another Nation. The exercise of personal Sovereignty on the part of a Nation over its own natural born and naturalised subjects, in respect of matters happening within the territory of another Nation, is not in point of Natural Right altogether clear upon any acknowledged principle; nor is the authority of a Nation to bind them whilst they are within the territory of another Nation by personal Laws recognised by other Nations. Residence is, in fact, the foundation of Jurisdiction under the Law of Nations. To be resident within the territory of a Nation is to be subject to its Jurisdiction; but Nations, from considerations of mutual Comity, do not apply the same Laws in all matters to persons who are only temporarily resident, as it applies to persons who are permanently resident within its territory. The discretion however of a Nation as to the particular Law which shall be administered in its Courts is absolute, and it may decline to allow its Courts to give any effect to Foreign |