simple declaration as to what this government understands the law to be, and of its policy with reference to aliens who have expatriated themselves and become citizens of this country. Commenting on this act, Mr. Evarts, Secretary of State,' in a communication to Mr. Fish, in 1879, rules as follows:

"The Act of 1866 before recited made an onward step. It declared that the right of self-expatriation is a natural and inherent right of all people and indispensable to the enjoyment of the rights of life, liberty and the pursuit of happiness."

In speaking of the legal effect of naturalization of foreigners in this country, Mr. Cass, Secretary of State, in a communication to Mr. Wright, thus expressed himself:

"He held that the moment a foreigner becomes naturalized in the United States he experiences a new political birth, and should he return to his native land he goes as an American citizen. It may be important to qualify the statement by adding the exception that he is not absolved from any crime or offense as against the laws of that country [meaning the country of his former allegiance; these words in brackets are mine] committed prior to his departure, but the offense must have been such as that he was liable for trial for same before he expatriated himself."

Governmental protection against and redress for injuries is generally sought and obtained through the diplomatic and consular representatives of the government appealed to, but cases may arise where the emergency is so great and pressing that an appeal through such channels would be fruitless. In such cases the naval officers of the country appealed to may interpose to protect the citizen, but in order to justify such interference the danger must be so imminent and pressing as to justify the conclusion that the wrong will be inflicted unless immediate protection through the agency of the navy is extended.

1

227.

1 Mr. Evarts, Sec. State, to Mr. Fish, Mss. Switzerland, notes to Taylor,

2 Mr. Cass to Mr. Wright, Taylor, 226.

I may say as to the claims arising out of the late disturbance in China, known as the Boxer uprising, and the international complications resulting therefrom, the adjustment and payment of an indemnity to each of the various allied nations concerned, stands on a different footing. That was an outbreak which China could and should have suppressed. It was not only an infliction of injuries on private citizens of the various countries domiciled in that empire, but was a direct attack on the diplomatic corps of each of the countries represented.

It will be observed that in the preparation of this paper the sources of international law most frequently used as authority for the propositions herein laid down have been the papers and documents connected with the Department of State of our own country.

The student of the noble science under consideration can but be charmed and fascinated with the lofty style, the pure English, the elegant diction, the unambiguous phraseology of the papers issuing from the officers of state, in our own country in the course of whose administration the cases have arisen which are herein collated. Unlike statutes, which are often the creation of compromise, and veiled in obscurity and doubt as to their true meaning, the opinions of our state officers who have spoken for the department are self-explanatory and luminous.

The latitudinous phrase of Jeremy Bentham, "A citizen of the world" will never find a place in the nomenclature of the nations of earth so long as they are ruled by men with human passions and impulses. So long as this condition exists the enforcement of international law will be required, diplomacy and arbitral tribunals will be resorted to and the strong protective arm of the nation will be extended to succor and relieve the oppressed citizen abroad. But when every man can say for himself, in his heart of hearts, that he is a "brother to humanity," then, and not till then, can he claim to be a "citizen of the world."

1 Wheaton's Law of Nations, 329–331.

I have been impelled by an overwhelming sense of my own. insufficiency for the task, from much obtrusion of my own views on this great subject. I have been content to draw from the great fountains, the true sources of international law in the construction of this paper, and in support of what I have said. If I have succeeded in putting in succinct and systematic order the principles and precedents which go to sustain and make plain the true relation which the government at home bears to the citizen abroad, then this paper may not have been written wholly in vain.

REPORT

OF THE

COMMITTEE ON JURISPRUDENCE AND LAW REFORM.

To the American Bar Association:

Your Committee on Jurisprudence and Law Reform had referred to it for investigation and report two matters. The one being under the resolution of Judge Baldwin dealing with the sales of honorary degrees in law, and the other under the resolution of Judge McCrary, having reference to the subject of trusts.

I. SALES OF HONORARY DEGREES.

In order to ascertain how far the evil of the sale of honorary degrees in law existed, a letter was addressed to the several Vice-Presidents of the Association. Replies were received from forty states and territories, including the District of Columbia. So far as we have been able to discover, the only person who sought to make sales of honorary degrees in law was a man named Farr, who was driven from Chattanooga, Tennessee, appeared afterwards in Nashville, and being compelled to leave that city, it is said, went to Washington, District of Columbia. The last heard of him was that he was under arrest for using the United States mails for fraudulent purposes. We do not consider that any further action in this matter should be taken by the Association.

The subject of combination in the form of trusts received the careful consideration of your Committee, and the conclusions reached are as follows:

1. That under the clause of the Constitution to regulate commerce Congress has no power to create corporations, except those which have for their object the carrying on of exclusively interstate business.

2. That no such power as is contemplated by the resolution should be delegated by the states to Congress.

3. That we cannot recommend "that state taxation should be upon property actually within the state only."

The "property" to which reference is made in the resolution must be personal, for realty is necessarily taxed under the laws of the state where located.

Personal property should be taxed under the laws of the state of the residence of the owner. The rule suggested in the resolution referred to your Committee would have the effect of enabling the owner of personal property to evade taxation.

4. That we cannot recommend "that labor organizations should be relegated to national control under national incorporation."

III. NEGLIGENCE CAUSING DEATH IN MARITIME CASES.

The Committee also begs leave to report in favor of the passage by Congress of an act entitled "An act to authorize the maintenance of actions for negligence causing death in maritime cases." A copy of the proposed act is hereto

attached.

In the year 1900 this Committee reported in favor of a bill on that subject which had been introduced into Congress by Mr. Boutell, of Illinois, and the recommendation of the Committee was adopted by the Bar Association, but no action upon the bill was ever taken by Congress.

Thereafter the Maritime Law Association of the United States took up the matter, and after much consideration by committees and by the Association itself, finally, in November, 1903, approved the bill which was then reported finally by the Committee.