Chapter 4

The following notice from Berlin appeared in the morning papers of November 20th, 1908:

"The French Ambassador has drawn the attention of the Imperial Government to the repeated landing of German balloons on French territory in view of the possibility of unpleasant incidents arising therefrom. The German military authorities are accordingly taking the necessary measures to prevent as far as possible the future landing of German balloons across the frontier."

SECTION XX

77. _Sully in England._

In 1603 Sully, who was sent by Henri IV of France on a special mission to the English Court, called together a French jury in London, and had a member of his retinue condemned to death for murder. The convicted man was handed over for execution to the English authorities, but James I granted him a reprieve.

78. _Homicide by an Attaché._

The attaché of an embassy in Paris during a dispute with his servant draws a revolver and shoots him dead. His government orders him home, but he refuses to obey, leaves the embassy, and settles down in Paris. Thereupon his government demands his extradition from France.

How would the case have to be decided if the murderer has fled to England and (1) his home state requires his extradition, (2) both France and his home state require his extradition?

79. _A Disputed Capture._

On July 14th, 1805, during the war between Great Britain and Spain, the British privateer _Minerva_ captured the Spanish vessel _Anna_, near the mouth of the river Mississippi. When brought before the British prize court in November, 1805, the United States claimed the captured vessel, on the ground that the capture was effected within the American territorial maritime belt. From the evidence brought forward it appeared that the _Anna_ was captured at a spot five miles from the mainland, but that there were several small mud islands composed of earth and trees, which had drifted down the river and had fixed themselves more than two miles off the shore.

80. _The Punishment for Murder._

In 1905 Henry Johnson, an English subject, commits a murder in London but succeeds in escaping. In 1906 he appears in Rome under the name of Charles Waiter and commits a murder there also. During his trial at Rome his real name and antecedents are disclosed and reported in England. As the Italian penal code does not provide capital punishment and he is therefore only condemned to penal servitude for life, the question is raised in the English Press whether England could not demand the extradition of the murderer, so that he might be tried and executed in England for the murder committed there.

SECTION XXI

81. _A Traitor's Fate._

In 1670 Frederick William, the great elector of Brandenburg, ordered his diplomatic envoy at Warsaw, the capital of Poland, to obtain possession of the person of one Colonel von Kalkstein, a Prussian subject, who had fled to Poland for political reasons, as he was accused of high treason. Von Kalkstein having been seized secretly on November 28th, 1670, was wrapped up in a carpet and in this way carried across the frontier and beheaded at Memel.

82. _An Interrupted Armistice._

During a war between states A and B, a general armistice is concluded, without detailed stipulations. The commander of the forces of state A is informed through spies that the enemy is throwing up defences within the line where the forces face each other and is concentrating twice as many troops in that place as had been there before the conclusion of the armistice. This he considers a violation of the armistice, and, fearing an attack, at once recommences hostilities, without any previous denunciation of the armistice.

83. _Shooting Affray in a Legation._

In 1867 Nikitschenkow, a Russian subject not belonging to the Russian Legation, attacked and wounded a member of that Legation within the precincts of the embassy in Paris. The French police were called in and arrested the criminal. The Russian government requested his extradition, maintaining that, as the crime was committed inside the Russian embassy, it fell exclusively within Russian jurisdiction.

84. _The Surrender of Port Arthur._

In January, 1905, the Russian general Stössel, the commander of Port Arthur, while negotiating with the Japanese for the surrender of that fortress, ordered some fortifications to be blown up and certain Russian men-of-war in the harbour to be sunk.

SECTION XXII

85. _An Ambassador's Brother._

In 1653 Don Pantaleon Sà, the brother of the Portuguese ambassador in London and a member of his suite, killed an Englishman named Greenway. He was arrested by the English authorities, tried, found guilty, and executed.

86. _A Detained Steamer._

In 1904, during the Russo-Japanese war, the _Captain W. Menzel_, a German steamer, took in Welsh coal at Cardiff, with the intention of carrying it to the Russian fleet en route for the Far East. The English government detained the steamer. Could Germany have complained and asked for damages?

87. _Prussia and the Poles._

The following appeared in the _Times_ of Dec. 2nd, 1907, dated Vienna, Dec. 1st and 2nd respectively:

"A mass meeting took place to-day at Lemberg, the capital of Galicia, to protest against the Polish policy of Prussia and Prince Bülow's Expropriation Bill. Some 10,000 persons were present. In a much applauded address, the vice-burgomaster condemned Prince Bülow's action and called upon the Polish representatives in the forthcoming Austro-Hungarian Delegations to vote against the Foreign Office estimates. After the meeting, the police prevented an attempt to make a demonstration against the German Imperial Consulate. The demonstrators carried large caricatures of the Emperor William, Prince Bülow, and Baron von Aehrenthal."

"To-day's reports show yesterday's anti-Prussian demonstration at Lemberg to have been accompanied by some excesses. After the meeting a number of demonstrators succeeded in breaking through the cordon of police and in reaching the hotel where the German Consul has hitherto lived. Several windows were smashed, and, in order to avoid an attack upon the hotel, the hotel-keeper declared that he had already given the Consul notice to quit and that the Consul had departed. The proposal of a student that no inhabitant of Lemberg should give the German Consul shelter on pain of being considered a traitor to the Polish cause was enthusiastically acclaimed. A caricature of the Emperor William was attached to the end of a rod and burned."

88. _A Charmed Life._

The following appeared in a London evening paper:

"In the list dealt with by Mr Plowden yesterday at Marylebone was a charge against an Italian footman named Pito Conziani, aged twenty-four, giving an address in Grosvenor-square, who was accused of being found drunk and disorderly and using bad language the previous night in Old Quebec-street.

"When the case was reached the accused came forward from a seat at the back of the Court and was placed in front of the dock.

"A consultation immediately took place between the clerk and the magistrate, and as a result Mr Plowden inquired who the accused was.

"Inspector Grace replied that he was, as he represented, in the service of the Italian Ambassador, and he claimed privilege.

"Mr Plowden told the accused he bore a charmed life in this country in certain respects, and ordered him to be discharged."

SECTION XXIII

89. _A Daring Robbery._

On July 15th, 1907, the papers published the following:

"Last night the steamer _Sophia_ was seized by armed robbers 16 miles from Odessa, while on a voyage from this port to Korthion. At 11 o'clock three young men appeared on the deck, where the captain and the passengers were at supper, and held them in check while two others seized the man at the wheel and ordered him, under threat of death, to set the ship's course for Odessa. Some of the robbers, who appear to have numbered 18 in all, then went into the first-class saloon, where they took possession of an iron cash-box containing 50,000 roubles (£5,000), which was in charge of a cashier of the Russian Bank for Foreign Trade. They also took 1,000 roubles (£100) belonging to the passengers. The robbers then proceeded to disable the engines, and let off all the steam, and finally made their escape in two of the _Sophia_'s boats after destroying the third. The police are seeking to trace the band, but hitherto without success."

90. _The Fall of Abdul Hamid._

On April 29th, 1909, after the fall of Abdul Hamid and the enthronement of Mohammed V, the President of the United States of America sent the following telegram to the new ruler of Turkey:

"I offer your Majesty my congratulations on your accession to the Throne with such universal acclaim voiced by the people's representatives and at a time so propitious to the highest aspirations of the great nation over which you rule as the august head of a constitutional Government. I assure you of the friendship of the Government and people of the United States, who earnestly wish for your Majesty's happiness and for that of the people within your dominions, and I add my own wishes for your Majesty's health and welfare."

91. _A President Abroad._

The _Times_ of Dec. 4th, 1908, contained the following telegram, dated Paris, Dec. 3rd:

"The French Government will come to a decision at the Cabinet Council to be held on Saturday as to the conditions upon which President Castro, the despot of Venezuela, will be allowed to land in France. At the moment of his departure for Europe it was reported that the object of the President's journey was to see a distinguished specialist with a view to a surgical operation. Since then, however, trustworthy information has reached the Quai d'Orsay to the effect that his state of health is not so precarious as it had been reported to be, and that he looks forward to receiving in Paris the hospitality to which South Americans are accustomed. If that be the case, there are serious reasons for believing that he will meet with disappointment. The relations between France and Venezuela have been suspended now for several years, and the French representative at Caracas, it will be remembered, was expelled from Venezuela. The French Foreign Office is at present engaged in preparing a statement of its grievances against President Castro, to serve as a basis for the discussion in the next Cabinet Council of the delicate questions raised by the Dictator's decision to visit this country."

Again, the _Times_ of Dec. 11th contained the following, dated Paris, Dec. 10th:

"President Castro landed in France this morning from the steamer _Guadeloupe_ at Pauillac, where he was met by the Venezuelan Consul at Genoa and a dozen or more friends. He took a special train from Bordeaux, and on arriving with his wife, brother, three doctors, and six servants, he allowed himself to be photographed, subsequently driving to the Hôtel de France. On reaching the hotel he received a visit from M. Gout, a high official at the Quai d'Orsay, who had been specially despatched by the Minister for Foreign Affairs to inform President Castro of the conditions on which the Government has allowed him to land in France, and on which he will be permitted to stay here. The Government has refused to reveal the details of the decision at which it arrived in the Cabinet Council of last Saturday as to its treatment of the Venezuelan President. He declared to the representative of the French Foreign Office that he had come to Europe as a mere private individual to see a doctor, but a semi-official note communicated this evening states that 'it is believed that he will take advantage of his stay to try to settle his affairs with the various Powers which no longer have agents accredited to his Government.'

"There is reason to believe that this very guarded and somewhat enigmatical statement marks the definite decision of the French Government to demand from President Castro a complete settlement of all the questions outstanding between him and this country. It is felt that while France cannot repudiate her traditions of hospitality, she has nevertheless seized this opportunity to make it quite clear to the President that any prolongation of his sojourn here must depend on his meeting the views of the French Government."

92. _A Rejected Ambassador._

In 1885 Italy refused to receive Mr. Keilly as ambassador of the United States of America, because he had, in 1871, protested against the annexation of the Papal States. And when the United States sent the same gentleman as ambassador to Austria, the latter refused him reception, on the ground that his wife was said to be a Jewess.

SECTION XXIV

93. _Revictualling of a Fortress._

During a war between states A and B, a general armistice is concluded for thirty days, without any detailed stipulations. The commander of a besieged fortress claims the right of re-victualling, but the commander of the besieging forces refuses this. The besieged commander considers this refusal a violation of the armistice and threatens to denounce it unless the besieging commander complies with his request.

94. _Dutch Reprisals._

In consequence of the dispute which had arisen between Holland and Venezuela in 1908--see the case of the Expulsion of M. de Reus, above p. 85--the Dutch government sent some cruisers into Venezuelan waters with the intention of resorting to reprisals. Accordingly the Dutch cruiser _Gelderland_ captured on Saturday, Dec. 12th, 1908, the Venezuelan coastguard ship _Alexis_ outside Puerto Cabello. The captain of the _Alexis_ was put ashore at Puerto Cabello, and he forwarded to his government at Caracas the following communication handed to him by the officer of the _Gelderland_ who boarded his vessel:

"_December 12._

"Her Majesty the Queen of Holland has given orders to her warships temporarily to sequestrate and place an embargo upon all vessels of the Venezuelan Government. This is a retaliatory measure. We demand that you lower your flag and surrender your ship and your persons to the commander of the _Gelderland_. All resistance will be useless. If you resist the result will be the loss of your vessel and the death of many of you.

"SECOND LIEUTENANT BOINAR."

95. _Birth on the High Seas._

An Englishwoman gives birth to an illegitimate child on board a German liner while on the high seas on a voyage to New York. The child's father is German. What is the nationality of the child?

96. _A High-handed Action._

On the 15th of March, 1804, Napoleon, though at peace with Baden, sent a body of troops into the territory of this state for the purpose of surprising the castle of Ettenheim and of carrying off the Duke of Enghien. The Duke was brought to the castle of Vincennes, near Paris, and the same night was tried by court martial on the charge of high treason for having borne arms against France. He was convicted, and was shot on the following morning.

SECTION XXV

97. _"The Southern Queen."_

During an insurrection on an island belonging to state A, the _Southern Queen_, a vessel sailing under the flag of state B with a cargo of ammunition and carrying a number of individuals desirous of joining the insurgents, is on her way to a port in the island concerned. State A, receiving information of the matter, orders a man-of-war to be on the look out for the vessel and to seize her. The order is carried out on the high seas, 150 miles away from the island.

98. _A Three-cornered Dispute._

In April, 1893, the Viceroy Li Hung Chang granted the exclusive right of the free importation of grain into Tien-Tsin to the China Merchants Steamship Navigation Company. England protested against this monopoly, because it was contrary to Article 3 of the Treaty of Commerce between China and the United States, the benefits of which England could claim in consequence of the most favoured nation clause in her own treaties with China. The Chinese government answered that the United States had, by passing the Chinese Exclusion Act, broken the commercial treaty concerned, that therefore the treaty had come to an end, and that no one could, under the most favoured nation clause, claim any longer the benefits of a treaty which had ceased to exist. (See Lehr, in the _Revue de Droit International et de Législation Comparée_, Vol. XXV. (1893), p. 313.)

99. _Russian Revolutionary Outrage in Paris._

The following appeared in the _Times_ of May 10th, 1909:

"A Russian, who described himself as Colonel von Kotten, chief of the Moscow secret police, was shot at yesterday by an escaped Russian convict, Michael Vitkoff, at an hotel in the Rue Bolivar, where the two men met by appointment. According to the police officer's story, Vitkoff was a Polish revolutionary who had been sentenced to deportation to Siberia, but who had been reprieved upon volunteering to act as a police spy on the movements of his revolutionary comrades. Vitkoff subsequently came to Paris, and upon the arrival of the police officer in the French capital a few days ago he induced Colonel von Kotten to visit him upon the pretext that he had important information to communicate. No sooner had the officer entered Vitkoff's room than the latter fired several shots at him with a revolver, none of which, however, took effect. A hand-to-hand struggle followed, in which Vitkoff was worsted. The man succeeded in making his escape, but gave himself up at the nearest police station, where he told his story, which was confirmed by Colonel von Kotten, who arrived shortly afterwards little the worse for his experience. Vitkoff was taken into custody and will be charged with attempted murder.

"Minute details of the attack upon Colonel von Kotten are published, but they shed little or no light upon the motives of the aggression. In some quarters it is suggested that, unless Vitkoff's action was purely personal, it may have been dictated by a desire on the part of the Russian revolutionaries to secure by means of a judicial trial in France the publicity which even the Azeff and Feodoroff cases have failed to gain for their efforts to expose the activity of the Russian secret police."

100. _The Detention of Napoleon I._

The question is frequently discussed whether the detention of Napoleon I at St Helena was or was not in accordance with international law. The facts of the case are as follows: After having abdicated the throne of France in favour of his son, Napoleon thought of taking refuge in America, and therefore set out for the port of Rochefort. Arriving there on July 3rd, 1815, he found the harbour watched by a British fleet. After some days of deliberation he made up his mind to throw himself on the mercy of the English people, and therefore on July 13th he wrote to the Prince Regent that he came to take his seat at the hearth of the British people and that he placed himself under the protection of the British laws. On July 15th he went on board the English ship the _Bellerophon_ and gave himself into the charge of her captain, by whom he was conveyed to England. On August 7th Napoleon was removed to H.M.S. _Northumberland_, and the commander was instructed to convey him, together with a suite of twenty-five persons, to the island of St Helena. He arrived on Oct. 17th and remained there a prisoner of state up to the day of his death on May 5th, 1821.

In transporting and detaining Napoleon Great Britain carried out a mandate of the allied powers, for three identical conventions concerning the detention of Napoleon were signed at Paris on August 2nd, 1815, by the representatives of Austria, Great Britain, Prussia, and Russia. The important stipulations of the conventions--see Martens, _N.R._ II. p. 605--are the two following:

"_Art. I._ Napoléon Bonaparte est regardé par les Puissances qui ont signé le traité du 25 mars dernier comme Leur prisonnier.

"_Art. II._ Son garde est spécialement confiée au Gouvernement Britannique. Le choix du lieu et celui des mesures qui peuvent le mieux assurer le but de la présente stipulation sont réservés à Sa Majesté Britannique."