Nation
A Dictionary of Law · William C. Anderson · 1889
A Dictionary of Law
Implies a body of men united together to procure their mutual safety and advantage by means of their union... ■' State " and " nation " frequently import the same thing.2 See State, 3. But " nation " is more nearly synonymous ^-ith **pe.ople." While a " state " may embrace different nations or peoples, a nation is sometimes so divided politically as to constitute several states.^ National. Belonging to, affecting, or pertaining to, a particular nation: as, national domicil, the national government. Often opposed to State, and nearly synonymous with Federal, q. v.: as, in national bank (q. v.), or national banking association. The word national was excluded from the Constitution because it might seem to present the idea of the union of the people without bringing into view that the one republic was formed out of many states. Toward foreign powers the country presented itself as one nation.* No bank or banker other than a national banking association, and except a savings bank authorized by Congress, may use the word " national " as a portion of its title."
International.
Concerning, or existing between, distinct nations or independent sovereignties: as, international — comity, commerce, copyright, extradition, qq. v. La'w of nations; international law. That law which regulates the conduct and mutual intercourse of independent states ' Carpenter v. Carpenter, 12 R. I. 548 (1880), Durfee, Chief Justice. ' Cherokee Nation v. Georgia, 5 Pet, 52 (1881), Thompson, J.; Vattel, Law of Nations, § 1; Texas v. White, 7 Wall. 720 (1808). ' Cooley, Princ. Const. Law, 20, Const. Lim. 1; 1 Story, Const. § 207; Langford v. Monteith, 1 Idaho, 617 (1876). with each other, by reason and natural justioe.i A system of rules, deducible by natural reason, and established by universal consent among the civilized inhabitants of the world, in order to decide disputes, regulate ceremonies and civilities, and insure the ob- ■ servance of justice and good faith in their mutual intercourse. This general law is f oimded upon the principle that different nations ought in time of peace to do one another all the good they can, and in time of war as little harm as possible, without prejudice to their own real interests.
— And, as none of these states will allow a superiority in the other, no one can dictate or prescribe the rules of this law to the rest; but such rules must necessarily result from those principles of natural justice in whi(ih all the learned of every nation agree;
— or they depend upon mutual compacts or treaties, in the construction of which there is no judge to resort to but the law of nature and reason,— the only law in which all the parties are equally conversant and to which they are equally subject.^ International law is' part of the universal law of reason, justice, and conscience. ^ The principal offenses against the law of nations are: violations of safeconducts or passports; infringement of the rights of ambassadors; piracy; ^ injuring a state at peace with the United States by exercising a commission to serve a hostile state, arming a vessel to cruise for such hostile state, assisting its armed vessel or setting afloat a mihtary expedition for it.^ The nation injured by the subject of another first demands satisfaction and that justice be done on the offender by the state to which he belongs; and if that be refused, the sovereign then avows himself an abettor of his subject's crime." Public international law comprises the rights and duties of sovereign states toward each other. Private international law comprises the rights and duties of the subjects of different states toward each other — refers to the power of the state to act upon the persons and property within the limits of its own territoryj-' The rules of private international law are: 1. Every nation possesses an exclusive sovereignty and jurisdiction within its own territory — as to all property, persons, and contracts. 2. No state can, by its laws, directly affect or bind property out of its territory, or persons not resident therein. 3. Whatever force and obligation the laws of one country have in another depends solely upon the laws of the latter, that is, upon the comity exercised by it.' See Co MiTy; Disoovbbt, 1, Eight of; Indian; Merchant, Law; Poblioist; Theaty; Wab. ' 1 Bl. Com. xxiv, 43. 2 4 Bl. Com. 67-68. 3 Wilson V. Mc Namee, 103 U. S. 674 (1880). See Hogsheads of Sugar V. Boyle, 9 Cranch, 198 (1815); 1 Op. Att.-Gen. 27; 7 id. 18, 229; 37 Miss. 230. « Wharton, Cr. I;aw, 130.