against the United States arising out of acts committed against their "persons and property" in the United States during the period between April 13, 1861, and August 20, 1866, engaged the finances of the state, and required the approval of the chambers.63 $134. Treaties Relating to the Status of Persons and Property Rights of French Subjects Abroad.-The following conventions of a special character have been submitted to the chambers for approval: the convention with Switzerland of July 23, 1879, concerning the naturalization of children of former French citizens who have become by naturalization Swiss citizens; the convention with Austria-Hungary of May 14, 1879, concerning judicial assistance to be rendered to citizens of the one in the territory of the other; the convention with Russia of July 27, 1896, for the exemption of French citizens bringing action in Russia from any hindrance to which Russians may not be subject; the international convention, and additional protocol, signed at The Hague, November 14, 1896, designed to establish common rules concerning many matters of private international law and civil procedure; the convention for the protection of industrial property, signed at Paris, March 20, 1883;68 and the international copyright convention signed at Berne, September 9, 1886, together with the additional act of May 4, 1896.69 Agreements for the reciprocal protection of trade-marks are regularly, it seems, submitted for legislative approval.70

§135. Acquisition or Cession of Territory.—Of treaties involving an acquisition, cession or exchange of territory, and accordingly subject to legislative approval, note may be made of the following the treaty with Sweden of August 10, 1877, for the retrocession to France of the island of St. Bartholomew:"1 the agreement with the king of the Society Islands of June 29, 1880, by which the complete sovereignty over these islands was to pass 63 De Clercq's Recueil des Traités, XII, 519. Law of June 16, 1880. 64 Id., XII, 407.

65 Id., XII, 400, 527.

66 Id., XX, 547.

67 Id., XX, 642.

68 Id., XIV, 203.

69 Id., XVII, 253; XX, 398.

70 See, for instances, Id., XX, 335, 430; XXI, 632, 774. For agreements of this character, which appear not to have been submitted, see Id., XII, 541, 545. See also Sen. Doc. No. 20, 56th Cong., 2d Sess., 364.

71 De Clercq's Recueil des Traités, XII, 35, 40.

to France;72 the convention with Tunis of May 12, 1881, by which that country placed itself under the protectorate influence of France;73 and the convention with Great Britain of April 8, 1904, by which territory was acquired on the West coast of Africa in exchange for the relinquishment of certain fishery privileges on the coast of Newfoundland." Madagascar was made a French colony by a law of August 6, 1896, in which the act of the queen of that island making the cession was accepted. Likewise, by a law of March 19, 1898, the islands to the leeward of Tahiti were declared to be an integral part of the colonial domain of France.75 Numerous agreements made with the less important African tribes, in which French sovereignty has been recognized, have not been submitted to the chambers for approval. A decree of August 1, 1895, issued on the advice of the ministers of the colonies and foreign affairs, ratified fourteen different agreements of this character negotiated by army officers and other agents between December 21, 1894 and March 12, 1895.76 Such agreements, however, can hardly be classed as treaties by which territory is acquired, since they cannot be exhibited alone as international titles." Agreements for the adjustment of boundaries, such as were concluded March 15, 1893, and April 4, 1900, with Belgium, each of which provided for an actual exchange of small portions of territory, require legislative approval. Of agreements concerning boundaries of colonial possessions, ratified on the authority of a law, note may be made of those for the determination and settlement of boundaries between possessions in Africa concluded with Germany, December 24, 1885, March 15, 1894, and July 23, 1897;7 with the Kongo, August 14, 1894;80 with Spain, June 27, 1900;81 and with Great Britain, June 14, 1898.82 Likewise, the conventions of No

78

72 Id., XII, 571, 624.

73 Id., XIII, 25.

74 Id., XXII, 517.

75 Id., XX, 585; XXI, 349.

76 Id., XX, 297. See similar decree of March 1, 1895, Id., 217.

77 See Art. XXXV of the treaty of Berlin, signed February 26, 1885, as regards coasts of Africa. Brit. and For. State Papers, LXXVI, 19. 78 De Clercq's Recueil des Traités, XX, 16, 21; XXI, 646.

79 Id., XV, 927; XX, 117; XXI, 281.

80 Id., XX, 165.

81 Id., XXI, 660.

82 Id., XXI, 386.

vember 29, 1888 and April 10, 1897, with the Netherlands and Brazil, respectively, by which the determination of the boundaries of French Guiana was referred to arbitration, were submitted for approval.83 The agreement with Great Britain, signed August 10, 1889, relative to boundaries between French and British possessions on the west coast of Africa, appears to have been ratified on executive authority, and to be an exception.84

§136. Treaties Not Submitted for Approval of Chambers.-A classification of treaties not included under one of the heads enumerated in Article VIII of the Constitutional Law, and which accordingly do not require legislative approbation, is quite impossible. The following may serve to illustrate their varied character:-the general treaty signed at Berlin, July 13, 1878, for the settlement of affairs in the Near East; the treaties of May 24, 1881, and March 10, 1883, with the same powers, concerning the Turko-Grecian frontiers, and the navigation of the Danube;88 the treaty signed at Constantinople, October 29, 1888, for the neutralization of the Suez Canal;86 the international sanitary convention signed at Dresden, April 15, 189387 the agreement reached with Great Britain by exchange of declarations at London, August 5, 1890, by which the French government engaged to recognize a British protectorate over the islands of Zanzibar and Pemba, and the British government engaged to recognize a French protectorate over the island of Madagascar and a French influence over certain portions of Africa;88 the declarations signed with Great Britain, January 15, 1896, and April 8, 1904, concerning their respective spheres of influence in portions of Siam, and in Madagascar and the New Hebrides;89 and the general convention of arbitration concluded with Great Britain, October 14, 1903.90

83 Id., XVIII, 155; XXI, 51.

84 Id., XVIII, 289.

85 Id., XIII, 32; XIV, 178.

86 Id., XVIII, 144.

87 Id., XX, 27.

88 Id., XVIII, 578.

89 Id., XX, 361; XXII, 524.

90 Id., XXII, 439. See also similar conventions of arbitration concluded with Spain, February 26, 1904, Id., 466; with the Netherlands, April 6, 1904, Id., 499; with Sweden and Norway, July 9, 1904, Id., 600; with Switzerland, December 14, 1904, Id., 632.

CHAPTER XX.

OTHER FOREIGN STATES.

§137. Belgium.-By Article LXVIII of the Belgian constitution (1831), the King makes treaties of peace, alliance and commerce. He is to give information in regard to them to the chambers as soon as the interest and safety of the state permit, adding suitable explanations. Treaties of commerce and those that may burden the state or bind Belgians individually have effect only after having received the assent of the chambers. No cession, exchange, or addition of territory may take place except by virtue of a law. In no case may secret articles be destructive of the open ones.1 No decree of the King can take effect until countersigned by a responsible minister.2

The action of the chambers is primarily to give effect to the treaty, but it regularly precedes the exchange of ratifications. The law for this purpose does not expressly authorize ratification but provides that the treaty shall be given full effect ("sortira son plein et entier effet"). It appears to have been the earlier practice for the King to withhold his sanction to the law until the exchange of ratifications of the treaty had taken place. With re

I "Le Roi commande les forces de terre et de mer, déclare la guerre, fait les traités de paix, d'alliance et de commerce. Il en donne connaissance aux Chambres aussitôt que l'intérêt et la sûreté de l'Etat le permettent, en y joignant les communications convenables. Les traités de commerce et ceux qui pourraient grever l'Etat ou lier individuellement des Belges, n'ont d'effet qu'après avoir recu l'assentiment des Chambres. Nulle cession, nul échange, nulle adjonction de territoire ne peut avoir lieu qu'en vertu d'une loi. Dans aucun cas, les articles secrets d'un traité ne peuvent être destructifs des articles patents."

2 Art. LXIV.

3 The exchange of ratifications of the treaty of commerce with China, signed November 2, 1865, took place at Shanghai, October 27, 1866, while the law by which the chambers expressed approval is dated January 3, 1867. The law, however, was adopted by the Chamber of Representatives, February 25, 1866, and by the Senate, March 6, 1866. Lanckman, Traités de Commerce et de Navigation entre la Belgique et les Pays étrangers, 63. The ratifications of the treaty of commerce with Great Britain, signed July 23, 1862, were exchanged, August 30, 1862. The approbatory law is dated August 31, but it was passed by the Chamber of Representatives, August 13, and by the Senate, August 21, 1862. Id., 189. The ratifications

spect to the more recent treaties of commerce, as for instance, those concluded May 25, 1895, with Greece; June 7, 1895, with Mexico; June 22, 1896, with Japan; June 22, 1904, with Germany; February 12, 1906, with Austria-Hungary, and April (11) 24, 1907, with Servia, the laws were sanctioned by the King prior to the exchange of ratifications."

General laws for the regulation of matters usually subject to uniform international treatment often contain provisions authorizing the King to enter into treaties with foreign states on condition of reciprocity, and to apply the law in execution of them. Treaties concluded in conformity with these laws, though otherwise subject to legislative action, are not submitted to the chambers. Such provisions are, for instance, found in the laws of January 5, 1855, for the restitution of deserting seamen ;5 March 15, 1874, for the extradition of fugitives from justice; April 1, 1879, for the protection of trade-marks; November 27, 1891, for the return of indigents; and January 30, 1892, for the extension, on condition of reciprocity, of the most-favored-nation treatment in matters of commerce, navigation and duties."

Of treaties that may burden the state, i. e., may impose financial obligations, the treaty of July 3, 1890, with the Kongo, relative to a loan to be made by Belgium, may be noted.10 The restriction as to treaties affecting territorial limits covers such boundary agreements as provide for an exchange of territory of

of the treaty of commerce with the United States, signed March 8, 1875, were exchanged, June 11, 1875. The approbatory law of June 14, had been adopted by the Chamber of Representatives June 1, and by the Senate June 3, 1875. Id., 131. The ratifications of the treaty of commerce with Spain, signed May 4, 1878, were exchanged July 23. The approbatory law of July 25 had been adopted by the Chamber of Representatives May 16, and by the Senate May 19, 1878. Id., 111. See also, Id., 9, 21, 51, 267, 295, 318.

4 Busschere, Code de Traités et Arrangements internationaux intéressant la Belgique, II, 241, 289, 270, 581; Recueil des Traités et Conventions concernant le Royaume de Belgique, XX, 48, 187, 628. See for other important treaties of commerce concluded since 1890, in which this procedure has been followed, Busschere, II, 146, 191, 206, 302, 415.

5 Art. II. Busschere, II, 464.

6 Arts. I and VI. Id., I, 575, 578. Moore, Extradition, I, 705, 708. 7 Art. XIX. Busschere, II, 481.

8 Art. XXVIII. Id., II, 440.

9 Id., II, 456.

10 Id., I, 290, 291.