72. _The Case of Schnaebele._

On April 21st, 1887, Schnaebele, the Commissionary of Police of Pagny-sur-Moselle, crossed the German frontier on official business, for the settlement of which he was invited to a meeting by the local German functionaries. He was, however, at once arrested on a warrant for being concerned with the organization of espionage.

SECTION XIX

73. _Amelia Island._

Amelia Island, at the mouth of St Mary's River, in Florida, was, in 1817, seized by a number of adventurers under the command of one McGregor, who, in the name of the insurgent colonies of Buenos Ayres and Venezuela, preyed not only on the commerce of Spain but also on that of the United States. The island was, at that time, part of Spanish territory; and as the Spanish government was not able to put an end to the nuisance created to the United States by the seizure, the latter ordered a man-of-war to expel McGregor and his men from Amelia Island, to destroy their works and vessels, and to take possession of the island for the purpose of preventing the recurrence of the nuisance.

74. _Representation to China._

On Jan. 15th, 1909, after the dismissal of Yuan-Shih-Kai, the British and the American diplomatic envoys at Peking called by appointment on Prince Ching, who, as president of the Grand Council and the Wai-wu-pu, is the highest official of the Chinese Empire. The purpose of the appointment was to make a joint representation on the part of the two powers regarding the dismissal, without any given reason, of Yuan-Shih-Kai, whose services to the cause of order, stability, and progress in China had inspired such confidence in their two governments.

75. _Exemption from Rates._

The following appeared in the _Times_, Dec. 9th, 1908:

"The claim of Herr von Bethmann-Hollweg, a German Emba.s.sy official, to be exempt from rates in respect of his residence at Walton-on-Thames was before the urban council last night.

"A letter was read from the Rating of Government Property Department of the Treasury stating that houses occupied by representatives of foreign Powers and the accredited members of their suites were liable to a.s.sessment in common with other property of the country, but as their persons and personal effects were by international law exempt from seizure if they refused to pay rates these could not be enforced against them by process of law. Reciprocal arrangements had, however, been entered into with certain Powers, Germany being one of them, under which a contribution in lieu of rates was given by the Government to local authorities in respect of such occupations.

"The Walton Council, in common, it is believed, with many other local authorities in the country, had held the view that it was impossible to recover rates under such circ.u.mstances, but their attention was drawn to the present case by the Local Government Board auditor, at whose suggestion they wrote to the Treasury, with the above result."

76. _Errant Balloons._

The following notice from Berlin appeared in the morning papers of November 20th, 1908:

"The French Amba.s.sador has drawn the attention of the Imperial Government to the repeated landing of German balloons on French territory in view of the possibility of unpleasant incidents arising therefrom. The German military authorities are accordingly taking the necessary measures to prevent as far as possible the future landing of German balloons across the frontier."

SECTION XX

77. _Sully in England._

In 1603 Sully, who was sent by Henri IV of France on a special mission to the English Court, called together a French jury in London, and had a member of his retinue condemned to death for murder. The convicted man was handed over for execution to the English authorities, but James I granted him a reprieve.

78. _Homicide by an Attache._

The attache of an emba.s.sy in Paris during a dispute with his servant draws a revolver and shoots him dead. His government orders him home, but he refuses to obey, leaves the emba.s.sy, and settles down in Paris.

Thereupon his government demands his extradition from France.

How would the case have to be decided if the murderer has fled to England and (1) his home state requires his extradition, (2) both France and his home state require his extradition?

79. _A Disputed Capture._

On July 14th, 1805, during the war between Great Britain and Spain, the British privateer _Minerva_ captured the Spanish vessel _Anna_, near the mouth of the river Mississippi. When brought before the British prize court in November, 1805, the United States claimed the captured vessel, on the ground that the capture was effected within the American territorial maritime belt. From the evidence brought forward it appeared that the _Anna_ was captured at a spot five miles from the mainland, but that there were several small mud islands composed of earth and trees, which had drifted down the river and had fixed themselves more than two miles off the sh.o.r.e.

80. _The Punishment for Murder._

In 1905 Henry Johnson, an English subject, commits a murder in London but succeeds in escaping. In 1906 he appears in Rome under the name of Charles Waiter and commits a murder there also. During his trial at Rome his real name and antecedents are disclosed and reported in England. As the Italian penal code does not provide capital punishment and he is therefore only condemned to penal servitude for life, the question is raised in the English Press whether England could not demand the extradition of the murderer, so that he might be tried and executed in England for the murder committed there.

SECTION XXI

81. _A Traitor's Fate._

In 1670 Frederick William, the great elector of Brandenburg, ordered his diplomatic envoy at Warsaw, the capital of Poland, to obtain possession of the person of one Colonel von Kalkstein, a Prussian subject, who had fled to Poland for political reasons, as he was accused of high treason. Von Kalkstein having been seized secretly on November 28th, 1670, was wrapped up in a carpet and in this way carried across the frontier and beheaded at Memel.

82. _An Interrupted Armistice._

During a war between states A and B, a general armistice is concluded, without detailed stipulations. The commander of the forces of state A is informed through spies that the enemy is throwing up defences within the line where the forces face each other and is concentrating twice as many troops in that place as had been there before the conclusion of the armistice. This he considers a violation of the armistice, and, fearing an attack, at once recommences hostilities, without any previous denunciation of the armistice.

83. _Shooting Affray in a Legation._

In 1867 Nikitschenkow, a Russian subject not belonging to the Russian Legation, attacked and wounded a member of that Legation within the precincts of the emba.s.sy in Paris. The French police were called in and arrested the criminal. The Russian government requested his extradition, maintaining that, as the crime was committed inside the Russian emba.s.sy, it fell exclusively within Russian jurisdiction.

84. _The Surrender of Port Arthur._

In January, 1905, the Russian general Stossel, the commander of Port Arthur, while negotiating with the j.a.panese for the surrender of that fortress, ordered some fortifications to be blown up and certain Russian men-of-war in the harbour to be sunk.

SECTION XXII

85. _An Amba.s.sador's Brother._