The Re public of rino. 44 MODIFICATIONS OF INTERNATIONAL LIFE. §36. San Marino is an instance of an Independent San Ma Republic under the Protection of the Holy See, and surrounded, until very recent times, by the dominions of the Protecting Power. Tradition refers its origin to the fifth century. The extent of its territory and the number of its population are nearly equal to those of the Republic of Andorre, but it has not a like military organization, the armed force of the State consisting of only about eighty men. Its independence was for a short time in the last century suspended by Cardinal Alberoni, but it subsequently recovered its ancient liberties, and the Emperor Napoleon formally recognised its Independence, when he entered the Papal Dominions in 1797. It is governed by a Domestic Executive, consisting of two Capitani Regenti, who are elected for six months by an Executive Council of Twelve, the members of which are themselves popularly elected. This International Atom may fitly close the series of protected Independent States 6. 45 This State is styled by Italian writers, La Republichetta. Gunther, Europäisches Völkerrecht, Tom. I. c. 1. § 19. CHAPTER III. NATIONAL STATE-SYSTEMS OF CHRISTENDOM. Single or United States-Personal Union of Independent States -Real Union of Independent States-Federal Union of Norway and Sweden-Diversity of Federal Unions-The United States of America The Constitution of 1787-The Articles of Confederation of 1778-The Confederate States of America of 1861-The Argentine Confederation-A Single State decentralized-The Constitution of the Argentine State-The Argentine Provinces-The Swiss Confederation of 1648-The Helvetic Confederation of 1815-The League of Sarnen of 1832-The Swiss Confederation of 1848-Analogy between the Swiss Confederation and the United States of America -Origin of the Germanic Confederation-Federal Act of 1815-Final Act of 1820-The Ordinary Assembly of the Diet-The Plenum or Full Chapter of the Diet-Permanent Character of the Germanic Confederation. United § 37. A NATION may be either a single Independent Single or State, or an Independent System of States' united States. together by a federal compact, the conditions of which are susceptible of infinite variations. Thus a System of States may be federally united under an hereditary prince, or under an elective President, or under a representative Council, and in each of these cases the National Unity of the System may be as complete as in the case of a single Independent State. It is of importance, however, not to confound a Political Body of States, incorporated together Jure Imperii under a common Sovereign Prince, with a Federal System. of States united together Jure Societatis, which has been, as such, the subject of International recognition. 1 Puffendorf, L. VII. c. 5. § 12. 2 Sic etiam accidere potest, ut plures civitates arctissimo inter se fœdere colligentur et faciant ovornua quoddam, ut Strabo non uno loco loquitur, neque tamen Personal Independ The internal constitution of a Political Body of States § 38. Two or more Independent States may be conUnion of nected together by the link of a common Sovereign ent States. Prince under the Civil Law of the respective States. Such a connection has no International significance, inasmuch as each State retains its separate National Character. Where such a connection is of an accidental and temporary character, it has been termed by publicists a Personal Union; where it is of a necessary and permanent character, it has been designated a Real Union. This classification, however, is open to objection, seeing that in both cases the person of the Sovereign is the only link which connects the States; and as there is nothing in the nature of these Unions which implies Reality in an International sense, it would seem preferable to define such Unions in all cases as Personal Unions, and to distinguish them, according to their essential difference, into temporary Great Bri- and permanent Unions3. Thus the connection of the Hanover. United Kingdom of Great Britain and Ireland with the Kingdom of Hanover by the link of a common Sovereign Prince during the reign of five successive tain and 3 Klüber, Tom. I. § 27. in a note upon States united under the same Sovereign, says, Unio civitatum, sive perpetua sit, sive temporaria, fit jure (1) vel socie tatis (systema civitatum fœdera- monarchs of the House of Hanover, was a Personal Union of an accidental kind, depending upon the coincidence of the two Crowns devolving upon one and the same person under the Civil Law of Succession in either Kingdom; whilst the connection of the Kingdom of Hungary with the Germanic States of the House of Hapsburg-Lorraine, under one and the same Sovereign Prince, is a Personal Union of a permanent kind, inasmuch as the Act of Settlement of the Crown of Hungary (anno 1723), by extending the Order of Succession to the female descendants of Rodolph of Hapsburg, has made the Law of Succession in Hungary identical with the Law of Succession in the Ger- Hungary manic States of the House of Hapsburg-Lorraine, so Austrian that both Crowns devolve inseparably upon one Germanic and the same person. sonal Union of the two Crowns has no Real International significance. The Hungarian Nation does not necessarily follow in peace and war the fortunes of the Germanic States of the House of Hapsburg-Lorraine, and the Emperor of Austria may enter into an international compact, to which he is not a party as King of Hungary. But in either case the Per and the States. Union of §39. There is another kind of Union of Inde- Real pendent States under one and the same Sovereign Independ Prince, which. has an International significance, and ent States. may deserve, in a Treatise on the Law of Nations, to be termed a Real Union, in contradistinction to the Personal Unions which have just been noticed. Thus, the States which are under the sceptre of the Head of the House of Hapsburg-Lorraine may be divided into Germanic and non-Germanic States. The Germanic States form part of the territory of the Germanic Confederation; they at the same time form part of the Austrian Empire, and their twofold National character has been the subject of International staat or Whole- recognition. In a similar manner the Germanic States of the Head of the House of Hohenzollern form part of the territory of the Germanic Confederation, and at the same time form part of the Prussian Monarchy. The Duchies of Holstein and Lauenburg are, in an analogous manner on the one hand States of the Germanic Confederation, and on the other hand parts of the Danish Monarchy. German publicists have accordingly adopted a special term to distinguish in such cases the Whole or Entire Independent State. Thus the Prussian Monarchy, as distinguished from the Germanic and non-GerGesamm manic States which compose it, is styled a Gesammstaat, or Whole-State. The King of Prussia, for instance, may enter into treaty-engagements in behalf of the Gesammstaat, or entire Prussian Monarchy; or on behalf of the Germanic portion of it, or on behalf of the non-Germanic portion of it. So likewise the King of Denmark may enter into treatyengagements on behalf of the Gesammstaat, or entire Danish Monarchy, which includes the two Germanic Duchies, or on behalf of the Germanic Duchies alone, or on behalf of the Danish Provinces alone. These very complicated conditions of International Life are peculiar to certain States which are members of the Germanic Confederation; the Constitution of which is recognised in the Final Act of the Congress of Vienna. The Kingdom of Holland supplies an instance of either kind of Union with a State of that Confederation. There is a Real Union between the Kingdom of Holland and the Duchy of Limburg, whilst the person of the Sovereign is the only link which unites that Kingdom to the Grand Duchy of Luxemburg. Limburg forms part of the Dutch Monarchy, whilst Luxemburg is as distinct from Holland, as Hanover was from Great Britain during the time |