of a treaty are, a new treaty or agreement to arbitrate if the other party will consent, or war.

The questions arising with reference to the interpretation of treaties are clearly susceptible of judicial determination. Most of the rules used as guides for determining the meaning of private contracts are recognized in international law as also applicable to treaties, but there are some slight exceptions. Where duplicate originals in the different languages of each of the parties are executed, both must be construed together and harmonized if possible. Where there was a clear discrepancy in the texts of a treaty between Spain and the United States, it was held that the text in the language of the grantor, Spain, must prevail over that in the language of the grantee.7 In the United States treaties become a part of the law of the land and are enforced as such by the courts. If a construction has been given to the treaty by both parties it will be followed by the courts, and the courts of the nation will ordinarily follow the construction placed upon it by the political department of the government, though they are not bound to do so. Generally the meaning of a treaty is to be ascertained by the same rules of construction and course of reasoning as is applied in the interpretation of private contracts." Vattel discusses the interpretation of treaties very ably and at much length and lays down a number of rules to be observed.70 All of them are designed to aid in arriving at the real intent of the parties.

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Where only two nations are concerned in the matter of a treaty, it is entirely competent to dispose of it by agreement in any manner they mutually see fit, but, as the intercourse of nations is extended, a network of varied interests arises, for the adjustment of which an agreement of a number or even of all the nations becomes necessary. The preservation of peace is always a matter of interest to all the nations having intercourse with those between whom a matter of difference arises.

67 U. S. v. Arredondo, 6 Peters (U. S.) 68 Castro v. De Uriarte, 16 Fed. 93-98.

691-741.

38 Cyc. 970.

69 I Kent, 174, Grotius B. 2, c. 16.1. Vattel B. 2, c. 17, § 270. Puffendorf, 5-12-1. Foster v. Neilson, 2 Peters (U. S.) 253.

70 Vattel B. 2, c. 17, § 311 to 321.

These considerations have led to conferences of plenipotentiaries of a number of nations at which conventions were signed by some or all of them covering the particular matter under consideration. These conferences have multiplied in recent years, and many of them have produced conventions designed to be world wide in their effect, and to which all the nations have been invited to adhere and become parties. The work of these conferences foreshadows a general system of formulating international law by bodies representing all the nations.

Some idea of the recent growth and decay of states as well as of the progress of treaty making among the nations may be gained from the treaties made by the United States with other powers since the colonies gained their independence. From 1782 to 1799 inclusive sixteen treaties were concluded with different nations as follows: Algiers 1, France 3, Great Britain 6, The Netherlands 2, and Prussia, Spain, Sweden and Tripoli, one each. Since then more than four hundred and fifty separate treaties with different countries have been conIcluded. Of the countries with which these later treaties have been made, twenty are republics in the Americas, which have come into being since the beginning of the nineteenth century. Of the nations in the eastern hemisphere with which treaties have been made by the United States, twenty-eight have ceased to exist as independent sovereignties, and new sovereignties which did not exist at the time of our revolutionary war to the number of eight are included. Of the whole list only eighteen which were then independent nations still retain their political integrity, and many changes in the territorial possessions of these have taken place. Among these are included China, Japan, Siam and Persia, two of which date back far beyond the Christian era. Of the treaties above mentioned fifty have been between the United States and Great Britain and forty with Mexico. Many of these treaties with the last mentioned countries deal with questions of boundary and other conflict-ing claims of neighboring nations. Most of the other treaties, relate to trade, patents, designs, copyright, extradition, claims, arbitration or naturalization. Recently conventions covering

most of these subjects have been entered into by considerable numbers of states with uniform provisions between all of them granting reciprocal rights.

In the early history of the United States treaties with the Indians were matters of great public interest. The first one made after the breaking out of the Revolutionary War was with the Delawares in 1778. It begins with a provision that all acts of hostility committed by either party against the other shall be "mutually forgiven, and buried in oblivion, never more to be had in remembrance." It then recites the existence of war against the King of England, and provides for the passage of the troops of the United States across the lands of the Delawares and for such supplies as they can furnish to be paid for by the commanding officers, "And the said deputies on behalf of their nation, engage to join the troops of the United States aforesaid with such a number of their best and most expert warriors as they can spare, consistent with their own safety, and act in concert with them." It then provides for the erection of a fort for the security of the old men, women and children of the tribe, and a garrison of as many troops as the United States can spare, and guarantees the Delawares the possession of all their territorial rights.

The next treaty made was with the Six Nations in New York. It was a treaty of peace, and provided for the giving of six hostages to remain in possession of the United States "till all the prisoners, white and black, which were taken by the Senecas, Mohawks, Onondagas, and Cayugas, or any of them, in the late war, from among the people of the United States, shall be delivered up." This treaty was concluded in 1784, and by it the western boundary of their lands was defined. Since then treaties have been concluded with more than three hundred tribes and bands, ratified by the Senate and proclaimed by the President. Many different treaties were made with some of the tribes; with the Sioux thirty; the Chippewas forty-three and with the Pottawatomies forty-four. This mode of dealing with the Indians was terminated by an act of Congress passed in 1871, which prohibited the making of

any more treaties with Indian nations or tribes." While the theories that the tribes were sovereignties, capable of making treaties, and that they and their members were wards of the government and under its special care and protection, appear to be contradictory, both have in practice served very useful purposes. Though the Indians had no law of land title, they claimed the forests and prairies as their hunting grounds and the streams and lakes as their fishing preserves. They had such possession of the country as their habits of life allowed. Their right of occupancy antedated that of the whites, and could not be denied on any moral ground. The government therefore procured relinquishments of their rights by treaty before granting the land to white settlers. On the other hand the Indians had no comprehension of values, and if allowed to deal freely with the whites would have been easily defrauded. The government therefore protected them. These policies have put an end to Indian warfare, allowed the whites to settle and improve the country, and preserved the Indians. All statements as to the number of Indians in the United States in early times are mere estimates based on very insufficient data. In 1782 Thomas Jefferson inquired into the subject, and his authorities varied in their estimates of the number within the limits of the territory of the United States at that time, which extended only to the Mississippi on the west and to Florida on the south, from 9,100 (in 1759) to 25,080 (in 1768), and of Indians outside the United States from 10,400 (in 1759) to 31,630 (in 1764).72 In 1890 the number in the United States, exclusive of Alaska, as shown by the Census was 248,253, of whom 58,806 were civilized and taxed.73 In 1911 the number had increased to 307,913. Though the territory of the five Civilized Tribes (Cherokees, Choctaws, Chickasaws, Creeks, and Seminoles), had been greatly reduced, the development of agricultural and mineral wealth on their lands has caused many of them to be very wealthy. There 71 Revised Statutes § 2079.

72 11th Census, Part 3, p. 1115.

73 11th Census, Part 3, p. 1128.

74 Statistical Abstract of 9911, p. 27.

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has been much intermixture of white blood among them, and many of them are highly cultured and very delightful people. Many tribes have received individual allotments of land and become citizens of the United States. The descendants of the formerly dreaded savages are now our neighbors and friends. Treaty-making and guardianship have wrought the much desired results. These treaties are published in a large volume of 1053 pages and are full of matter of great interest to the student of American History.75

EUROPEAN POLITICAL Congresses

The Thirty Years' War, which devastated Europe, especially Germany, from 1618 to 1648, involved so many states that its settlement required a congress of all the leading powers. The peace of Prague, concluded in 1835 by only a part of the belligerents with the purpose of binding all, failed to satisfy the others and the savage warfare continued. It was stimulated by the combined venom of political ambition and priestly and religious hatred. Schiller in his Thirty Years' War gives a vivid picture of the desolation of Germany and the savagery of both soldiers and civilians. In 1642 it was arranged that representatives of Austria, Spain, France, and the Catholic states, should meet at Munster under the mediation of the Pope and the republic of Venice, and that the representatives of Sweden and the Protestant states should meet at Osnabrück under the mediation of the King of Denmark. But no meeting took place till 1644, and then the diplomats quarreled month after month over matters of precedence and ceremonial without making any attempt at negotiations. By the summer of 1645 a great concourse of diplomats and statesmen, representing all the principal Christian states of Europe, except Great Britain, had assembled, and such progress had been made that specific propositions were lodged with the mediators. These were discussed for two years without any progress being made, but the accumulated misfortunes and necessities of parties finally brought them to an agreement, and the treaty was signed at Munster on September 9, 1648. 75 Compilation of Indian Treaties. (Govt. Print.)