dispatch of Mr. Marcy to Mr. Mason, of Dec. 8, 1856; speeches of Sir See, also, Pradier-Fodéré, Traité de Droit Int. Pub. II. 508, § 910; Funck- For an interesting discussion of the effect of war on treaties, in connec- See Correspondence as to the Spanish Marriages, 35 Br. and For. State 8. SURVIVAL OF VESTED RIGHTS. § 780. By a statute of Maryland of 1780, French subjects were enabled to inherit lands in that State, but were required, within ten years after inheriting, to settle in and become citizens of the State, or else to enfeoff a citizen of some one of the United States. Certain French subjects who inherited lands in Maryland in 1799, but who afterwards failed to perform these conditions, subsequently invoked the 7th article of the treaty between the United States and France of September 30, 1800, by which it was provided that, in case the laws of either country should restrain foreigners from exercising their rights of property with respect to real estate, such real estate might be "sold, or otherwise disposed of, to citizens or inhabitants of the country where it may be." It was contended that this stipulation, though it conferred a right to sell which endured for life, could not be invoked because the treaty had expired. Held, that the right to sell, having once vested under the treaty, continued, though the treaty had expired. Marshall, C. J., delivering the opinion of the court, said: "A right once vested does not require, for its preservation, the continued existence of the power by which it was acquired. If a treaty, or any other law, has performed its office by giving a right, the expiration of the treaty or law can not extinguish that right. Let us, then, inquire, whether this temporary treaty gave rights which existed only for eight years, or gave rights during eight years which survived it. "The terms of this instrument leave no doubt on this subject. Its whole effect is immediate. The instant the descent is cast, the right of the party becomes as complete as it can afterwards be made. The French subject who acquired lands by descent the day before its expiration has precisely the same rights under it as he who acquired them the day after its formation. He is seised of the same estate, and has precisely the same power during life to dispose of it. This limitation of the compact between the two nations would act upon and change all its stipulations, if it could affect this case. But the court is of opinion that the treaty had its full effect the instant a right was acquired under it; that it had nothing further to perform; and that its expiration or continuance afterwards was unimportant." The Chirac v. Chirac (1817), 2 Wheat. 259, 277. Whether a treaty is ipso facto extinguished by war depends upon its nature; but rights of property, which have vested under a treaty, are not divested by the breaking out of war. Society for the Propagation of the Gospel r. New Haven, 8 Wheat. 464; A guarantee in a treaty of cession of vested rights in the ceded territory covers only rights which emanated from a prior rightful sovereign. United States v. Pillerin, 13 How. 9. In the case of the act of Congress of October 1, 1888, which declared null and void certificates issued to Chinese laborers under the acts of May 6, 1882, and July 5, 1884, for the purpose of enabling such laborers to enjoy the right to go and come of their own free will, as stipulated in Article II. of the treaty between the United States and China of November 17, 1880, it was held that the right of return thus conferred might be taken away by legislation, the court saying: "The rights and interests created by a treaty, which have become so vested that its expiration or abrogation will not destroy or impair them, are such as are connected with and lie in property, capable of sale and transfer or other disposition, not such as are personal and untransferable in their character." The Chinese Exclusion Case (1889), 130 U. S. 581, 609, citing Head Money CHAPTER XVIII. CONVENTIONAL AND DIPLOMATIC RELATIONS. I. Argentine Republic. $781. II. Austria-Hungary. $782. III. Barbary Powers. 1. Early relations. §783. 2. Algiers. $784. 3. Morocco. $785. 4. Tripoli. §786. 5. Tunis. $787. IV. Belgium. §788. VII. Central America. 1. Costa Rica. $791. VIII. Chile. § 796. IX. China. 1. Treaty of 1844. § 797. 2. Treaties of 1858. § 798. 3. Treaty of 1868. § 799. 4. Immigration and other treaties, 1880–1894. § 800. 6. Industries. § 802. 7. Travel. § 803. 8. Missionary privi eg s and protection. § 804. 9. Purchase of land. § 805. 10. Treaty ports, and foreign settlements. § 806. 12. Boxer movement. (1) Siege and relief of legations. § 808. (3) Protocol of Sept. 7, 1901. § 810. 13. Open-door policy. (1) The Hay agreement. $811. (2) Anglo-Ge man agreement. § 812. 14. Territori integrity; neutrality. § 813. X. Colombia. § 814. XI. Congo. § 815. XII. Corea. § 816. First attempts to negotiate; Shufeldt treaty. 1882; treaty rights of XIII. Denmark. § 817. XIV. Dominican Republic. § 818. 388 (2) Effect of stipulations. § 825. (2) Particular stipulations. § 827. 3. Monroe-Pinkney and cognate negotiations. § 828. 6. Naval forces on Great Lakes, 1817. § 831. 7. Fisheries convention, 1818. § 832. 8. Indemnity for slaves, 1822. § 833. 9. Webster-Ashburton treaty. § 834. 11. Clayton-Bulwer treaty. § 836. 12. Reciprocity treaty of 1854. § 837. 13. Treaty of Washington, 1871. § 838. 14. Real-estate convention, 1899. $839. 15. Canadian relations. § 840. XXVII. Muscat. § 864. XXVIII. Netherlands. § 865. 1. Treaty of 1830. § 866. 2. Treaty of 1862. § 867. 3. Real-estate protocol, 1874. § 868. 4. Extradition treaty. 869. 5. Educational, eleemosynary, and religious institutions. $870. A history of the diplomatic relations of the United States with Buenos Ayres and the Argentine Republic is given in instructions from Mr. Marcy, Secretary of State, to Mr. Peden, June 29, 1854. MS. Inst. Arg. Rep. XV. 68. See the following matters: Discussion of proposed tariff legislation in 1894, For. Rel. 1894, 3-18. The sum awarded by (President McKinley, The sum was expressed in Argentine paper currency and was paid in 6 per cent internal debt bonds. (For. Rel. 1898, 4.) |