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to require the assistance of the local authorities for the recovery of 'deserters from the ships of war and merchant vessels of their country'; and it was stipulated that for this purpose they should apply to the competent tribunals, and 'in writing demand said deserters, proving, by the exhibition of the registers of the vessels and rolls of the crews or by other official documents established, that such individuals formed part of the crews.' Alexandroff was committed under Section 5280, Revised Statutes of the United States, which provides, in language similar to that just quoted, for the recovery of deserters from vessels of governments having treaties with the United States on the subject. It was contended that the treaty and statute were inapplicable to Alexandroff for the reasons (1) that the Variag was not yet a Russian ship of war, (2) that he was not a deserter from such ship, and (3) that his membership of the crew was not proved by the exhibition of the register of the vessel, her crew roll, or by any official document. It was held, however, by the court that the Variag, inasmuch as she had been launched and was lying in the stream when Alexandroff deserted, was a ship within the meaning of the treaty; that she was also a Russian ship of war within the meaning of the treaty, notwithstanding that she had not been finally accepted and taken possession of by the Russian Government and that the Russian flag had never been hoisted upon her; that Alexandroff consequently was a deserter from a Russian ship of war within the meaning of the treaty; and that, as it was admitted and appeared by the record in the case, Alexandroff came to the United States as a member of the Russian navy for the express purpose of becoming one of the crew of the Variag, it could not properly be objected in his behalf that no official documents were produced, especially as it appeared that on the trial of the case below, Alexandroff, through his counsel, waived the production of the passport issued by the Russian Government to the men detailed to man the vessel." 1

1 Stockton's "Manual," pp. 74–77.

TOPICS AND REFERENCES

1. Nationality in General

Moore's "Digest of International Law," vol. III, chap. X. Phillimore, "International Law," 3d ed., vol. I, 443, 444. Oppenheim, 2d. ed., vol. I, 306, 369-374.

2. Citizenship by Birth

Taylor, "International Law," 212. Moore's "Digest," vol. III, 276-289. Hall, 6th ed., 221-6.

3. Naturalization

Wheaton, 8th ed., Dana, 142, etc. Moore's "Digest," vol. III, 297-358. Holland's "Jurisprudence," 10th ed., 361, 364.

4. Aliens

Moore's "Digest," vol. IV, 237; vol. II, p. 79. Wheaton, 8th ed.,
Dana, 138, 139, 220. Lawrence's "Principles," 4th ed., 222-5.

5. Domicile in Time of Peace

Moore's "Digest," vol. III, 811-835. Hall, 6th ed., 238-241, 277.
Jacobs, "Law of Domicile," 1887.

6. Extradition

Moore's "Extradition," 1891. Piggott, "Extradition," 1910. Biron and Chalmers, "The Law and Practice of Extradition," 1903.

PART III

INTERCOURSE OF STATES IN TIME

OF PEACE

CHAPTER X

THE HEAD OF THE STATE.

DIPLOMATIC INTERCOURSE.

THE RIGHT OF ASYLUM IN LEGATIONS AND EMBASSIES

92. The Head of the State." When a state has an individual head, he is to be considered as a representative, or rather embodiment, of the sovereignty of the state, and he is entitled as a consequence to respectful personal consideration from the other states of the family of nations and from their representatives. As the object of this consideration is to express the respect due to a sovereign state, any international omission to comply with the customary and proper observances must be regarded as an insult to the state which it has a right to resent."

Furthermore, as emperor, king, or president he is, as head of the state, the peer legally of the head of any other state and is the organ or supreme representative of the state with respect to foreign and exterior relations. For instance, Napoleon III of France and Francis Joseph of Austria, each exercising of his own right sovereign powers, met and signed the preliminary peace of Villafranca in 1859.

The chief agent of a state subordinate to its head in its foreign relations, residing at home, is the person to whom the 'Snow's "Int. Law," ed. by Stockton, 2d ed., p. 58.

immediate and detailed management of foreign affairs is committed. This person in the United States is the cabinet minister who is at the head of the Department of State, and who is known as the secretary of state.

Under this agent are other officials or agents, resident in foreign countries, who represent the state in a public capacity, and are known as its diplomatic and consular officials.

The secretary or minister for foreign affairs, under the head of the state, is also charged with all affairs with which the members of the diplomatic corps-resident at the seat of government of his country-are concerned.

93. Immunities of the Head of a State.-It has not been an uncommon thing either in past or present history for the sovereign or head of a state to visit another sovereign for purposes of friendship, for discussions of state policy, or for the outlining of important negotiations or alliances. Under these circumstances the head of a state can be considered as being engaged in the highest diplomatic business of the state.

Whether a head of the state enters another state for this or any other purpose, he is, as a head of a state, entitled to certain rights and immunities in time of peace between the states concerned, which can properly be mentioned at this time. If the sovereign or head of a state is duly recognized as such he is entitled to be treated, especially by the public functionaries of another state, with consideration and respect and to be addressed with the proper titles assigned to him by his own country. The president of a republic, when he represents the republic, is entitled to the same rank, consideration, and honors as a sovereign. Heads of a state are exempt from the civil and criminal jurisdiction of the country and are entitled to seek redress in the courts of justice of the country for libel upon their character. If, however, they should abuse the hospitality of the state, they may be requested or ordered to depart from its territory without delay. By accepted usage, the movable effects of the head of a state

are exempt from the payment of custom duties and from the visitation of custom-house officers.

The immunities of the head of a state or sovereign cease with the termination of his office by time, abdication, or deposition. This was the case of ex-President Castro of Venezuela. While travelling abroad in Europe he was deposed after a successful revolution, and upon the recognition of the new government by the countries concerned he ceased to have any immunities. 94. Diplomatic Intercourse. In a previous chapter I have said that the duties of a state include a recognition of the obligations of good faith, of a redress for wrongs, and of goodwill, comity, and courtesy in their intercourse. This, of course, presupposes an intercourse between nations of an official nature as distinguished from personal, commercial, and other intercourse. This official intercourse is known as diplomatic intercourse and is founded upon what is termed technically the right of legation. By the right of legation is generally meant the right of a state to send and receive diplomatic officials for the purposes of negotiation, for the observation of all matters in which the home states are interested, and, finally, for the protection of persons, property, and interests of the country within the territory of the countries to which they are severally accredited.

This right of legation existed before modern international law was known. Diplomatic agents or, as they were then gen erally called, "ambassadors," enjoyed in early days special duties, special protection, and peculiar privileges. They were not, however, permanently placed in the various countries, permanent legation, as we understand it, being unknown until late in the Middle Ages.

The use of permanent legation created diplomatic officials, ́ and as Oppenheim says: "Although the art of diplomacy is as old as official intercourse between states, such a special class of officials as are now called diplomatists did not and could

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