"It must be observed that the reception of fugitive slaves "is only a small part of the great problem of slavery which "this country earnestly desires to solve, and must be treated "as subordinate to that greater purpose. For this end the "British Government must, if the evidence which we have "taken is to be trusted, enter into some arrangements with "those powers whose possessions are in the immediate neigh"bourhood of the slave-trading districts. If the Red Sea is "to serve the purpose of the slave-dealer, and the hoisting of "the Turkish or Egyptian flag is to protect this traffic, our "efforts to abolish the slave trade must be ineffectual. So "again in Portuguese waters (1), we should seek to obtain the "right of search which under former treaties we possessed. "It would also be desirable to obtain some modification of "the treaty with Madagascar. "Some of these matters are perhaps beyond the strict "limits of the inquiry for which this Commission was ap"pointed, but the release of a few fugitive slaves would have "little effect on slavery or the slave trade, unless measures "were also taken to block the larger channels through which "the slave-dealer can still conduct a lucrative trade in "African captives. 66 "In concluding this Report we must express the great obligations under which we are to Foreign Governments, "and to your Majesty's officers, both at home and abroad, "for the valuable assistance and information they have "afforded us in our inquiry. "SOMERSET. "A. E. COCKBURN. "ROBERT PHILLIMORE (m). "ALFRED HY. THESIGER. "H. T. HOLLAND. "H. C. ROTHERY.” (1) A Treaty between this country and Portugal, making further provision for the suppression of the Slave Trade in East Africa, was signed at Lisbon in May 1879. Vide supra, p. 423, note. (m) "I agree with the Report except on one point. I do not approve of Subsequently to this Report the Lords of the Admiralty issued the following Circular : “ADMIRALTY, August 16, 1876. "Receipt of Fugitive Slaves. "My Lords Commissioners of the Admiralty are pleased "to direct that the following instructions shall be con"sidered as superseding all previous instructions issued "for the guidance of commanding officers of her Majesty's "ships, as to the receipt of Fugitive Slaves. 66 "These instructions are to be considered part of the "General Slave Trade Instructions,' and to be inserted at page 29 of that volume, in lieu of the Circular dated "December 5, 1875, with the heading of Receipt of Fugi"tive Slaves,' but they are also intended for the guidance "of commanding officers of her Majesty's ships generally. 6 "1. In any case in which you have received a fugitive "slave into your ship and taken him under the protection "of the British flag, whether within or beyond the terri"torial waters of any State, you will not admit or entertain "any demand made upon you for his surrender on the "ground of Slavery. 66 66 "2. It is not intended, nor is it possible, to lay down any precise or general rule as to the cases in which you ought to receive a fugitive slave on board your ship. "You are, as to this, to be guided by considerations of "humanity, and these considerations must have full effect given to them whether your ship is on the high seas or "within the territorial waters of a State in which Slavery exists; but in the latter case you ought, at the same time, "to avoid conduct which may appear to be in breach of in"ternational comity and good faith. "3. If any person, within territorial waters, claims "your protection on the ground that he is kept in slavery the last sentence of Section III. (p. 438) of the Recommendations."— ROBERT PHILLIMORE. Sir George Campbell dissented from the Report, and wrote a separate paper. "contrary to Treaties with Great Britain, you should re"ceive him until the truth of his statement is examined "into. This examination should be made, if possible, after "communication with the nearest British Consular authority, "and you should be guided in your subsequent proceedings "by the result. "4. A special report is to be made of every case of a "fugitive slave received on board your ship. "By command of their Lordships, "VERNON LUSHINGTON." "To all Commanders-in-Chief, Captains, Commanders, and Commanding Officers of Her Majesty's Ships and Vessels." CHAPTER XVIII. RIGHT OF JURISDICTION OVER PERSONS. CCCXVII. WE have now to consider the right incident to a State of absolute and uncontrolled power of jurisdiction over all Persons, and over all Things, within her territorial limits, and, as will be seen in certain specific cases, without them. CCCXVIII. First, as to the Right of Territorial Jurisdiction over Persons: they are either 1. Subjects, or 2. Foreigners commorant in the land. CCCXIX. 1. With regard to the jurisdiction and authority of States over their own proper subjects, no doubt can be raised; under the term subject may be included both native and naturalized citizens. With respect to native citizens, the right of which we are speaking is manifestly essential to the independence of the State. "Sanè " (Grotius observes) " ex quo civiles societates institutæ sunt, "certum est rectoribus cujusque speciale quoddam in suos "jus quæsitum" (a). The native citizens of a State are those born within its dominions (b), even including, according to the law of England (c), the children of alien friends. So are all those born on board the ships of the navy, or within the lines of the army, or in the house of the Ambassador, or of the Sove (a) L. ii. c. xxv. 8. (b) Günther, vol. ii. p. 261. (c) 2 Stephen's (Blackstone's) Commentaries (ed. 1858), p. 413. reign (d) if he should happen to be sojourning in a foreign country. Every State has an undoubted claim upon the services of all its citizens. Every State has, strictly speaking, a right of prohibiting their egress from their own country (e), a right still exercised by some of the continental Powers of Europe. These rights are subject to no control or directions as to their exercise from any foreign State. CCCXX. Every State has a right of recalling (jus avocandi) its citizens from foreign countries (ƒ), especially for the purpose of performing military services to their own country, unless they have been with its permission naturalised abroad. Great difficulty, however, necessarily arises in the enforcement of this right. No foreign nation is bound to publish, much less enforce, such a decree of revocation. No foreign State can legally be invaded for the purpose of forcibly taking away subjects commorant there. The high seas, however, are not subject to the jurisdiction of any State; and a question therefore arises whether the State seeking its recalled subjects can search for them in the vessels of other nations met with on the high seas? This question, answered in the affirmative by Great Britain, and in the negative by the United States of North America, has led to very serious quarrels between the two nations (g)— quarrels which it may be safely predicted will not arise again; for I cannot think that it would be now contended (d) Vide post. (e) "Solet hic illud quæri, an civibus de civitate abscedere liceat, venia non impetrata. Scimus populos esse ubi id non liceat, ut apud Moschos: nec negamus talibus pactis iniri posse societatem civilem, et mores vim pacti accipere."—Grot. 1. ii. c. v. 24. Wheaton, Elém. tom. i. p. 135. (f) Günther, vol. ii. p. 309. Heffter, s. 59. (g) See correspondence between Mr. Webster and Lord Ashburton, Wheaton's Hist. p. 737, &c. Vide post, as to jurisdiction over ships of war and merchant vessels in foreign harbours. |