See the Convention between Austria, France, and Sardinia of September 9, 1860, relative to the liquidation of the Monte Lombardo-Veneto, N. R. T., vol. xvii. part 2, p. 29.

24. Internal sovereignty does not imply external sovereignty.

The first duty of a State after having acquired sovereignty and independence internally is to place itself in friendly relations with other members of the family of States.

25. The external sovereignty of a State is acquired by the express or implied recognition of its internal sovereignty on the part of other States.

Express recognition was given of the United Provinces by Spain in 1648; of the United States of America by the Treaty of Paris in 1783; of the Kingdom of Westphalia by Russia in 1807; of the French Republic by Great Britain in 1802; of the Confederation of the Rhine by Prussia in 1807; and of Napoleon as King of Italy by Austria in 1805. Also many Treaties with newly formed States directly involving recognition.

26. Each State is free to grant or refuse recognition to a newly formed State.

"Aucun état n'est tenu d'en reconnaître un nouveau,

tant qu'il y a encore lutte pour la formation du nouvel état et que par conséquent il y a encore doute sur l'existence de celui" (Bluntschli, § 31).

27. It is within the competence of a State to refuse recognition to a newly formed State where its independence is not yet secure and its power of resistance remains doubtful.

28. Where a new State is formed of territories formerly belonging to another State, regard should be had, in granting such recognition, to existing duties towards the State from which the revolutionized State seeks or has sought to emerge, for so long as the struggle continues and the issue is uncertain the recognition of the revolutionized State may be said to favour one party at the expense of the other.

See Lawrence's "Commentaire sur Wheaton" on "De la conduite que les états étrangers peuvent observer envers un état engagé dans une guerre civile." The non-recognition of a State when sufficiently established is inconvenient, since it deprives native subjects residing in the same of the protection of the Ambassador or other Minister in residence. A nonrecognized State has, moreover, no status in a Court of justice. (See The City of Berne v. the Bank of England, 9 Ves. Jun. 347; United States of America v.

Wagner, 2 App. Cases, L. R. 582; Yrisarri v. Clement, 3 Bing. 432.)

29. In ordinary cases, on communication being made of the creation of a new State, or of the adoption by an old State of a new form of Government, or of the adoption of a new title by the Head of the State, recognition is granted as soon as such a State is in a condition to maintain international relations.

Where a State changes its institutions, say, from an Empire to a Republic, or vice versa, or when the chief of the State assumes a new title, as from King to Emperor, or otherwise, a recognition of the fact when announced may be desirable and expected. A foreign sovereign State adopting the republican form of government, if recognized by the British Government, can sue in the British Courts in its own name so recognized (United States of America v. Wagner, 2 App. Cases, L. R. 582).

30. The recognition of a State does not imply an approbation of its constitution, or of its conduct in acquiring its independence.

CHAPTER II.

FRONTIERS OF THE STATE.

31. THE territory of a State includes whatever the State owns or has a right to possess.

32. A Colony is part of the State which establishes it.

33. The frontiers of a State are either natural or artificial.

34. Natural frontiers may be the sea, lakes, rivers, mountains, or unoccupied lands.

35. Artificial frontiers often consist of purely conventional lines made of stones, trenches, walls, trees, or other marks.

The delimitation of the frontiers between Afghanistan and Russia has given rise to much difficulty, in consequence of the inaccuracy of the maps available, and the desire on the part of Russia to reserve for herself the full military command of the junctions of the roads, while satisfying the English view by leaving

the full command of the Zulfikar Pass to the Afghans. In September, 1885, commissioners were appointed to examine and trace upon the spot the details of the frontier. A Treaty has been concluded between Her Majesty and the Emperor of Russia, with the assent of the Ameer of Afghanistan, for the settlement of the frontier question.

36. The frontiers of a State are often traced on a map, and inserted in special Treaties determining the same.

37. A State may acquire territory by occupation, accession, transfer, cession, or conquest.

The right over a territory by simple discovery was once asserted by Spain and Portugal, but it is an insufficient title unless followed by occupation. Christian nations have asserted their rights over American territories, whilst reserving to the Indians their right of occupation of land possessed by them. The English Puritans who settled in New England purchased of the Indians the land which they intended to acquire. So did William Penn and the colony of Quakers in Pennsylvania. The right of occupation over their land has been conceded by Great Britain to the Maoris in New Zealand.

38. What belongs to no one (res nullius) may become territory of the State by discovery and first occupancy, provided the occupancy be