D. S. (David Samuel) Margoliouth.

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ter into relation with the entire world. Why should his natural rights
stop at the frontiers of his country ? Is it because humanity is di-
vided into different nations, each having its separate organization
and particular laws ? It is trite that the division of the human race
into distinct nations has this for an effect, that each man has a dis-
tinct country, in the bosom of which he exercises the political rights
that pertain to the citizen, but he can not enjoy these rights outside
of his own country ; the quality of citizen gives exclusive rights and
imposes exclusive duties.

But the political separation of states has nothing in common with
the enjoyment of private rights : if it is impossible for me to be an
elector or juror in any one state or country, that is no reason why I
should not become proprietor wherever it pleased me to purchase.
The exclusion from the enjoyment of political rights should not also
necessarily exclude the enjoyment of private rights. A person should
enjoy everywhere the same civil rights, since they are an accessory of
life. The diversity of states and their constitutions should be no
obstacle, for these rights are not due to the foreigner as a citizen ; they


are duo to him as a man, and he is a man everywhere. The first con-
dition necessary, in order that man may perfect himself, is that he en-
joy all the natural and legal faculties without which he could not live.
The rights of man, therefore, are independent of the diversity of states ;
they appertain to him simply as a man — that is to say, they belong to
him everywhere.

The equality of the foreigner and the citizen is the basis of the
private international law : if the foreigner did not enjoy any civil
rights, it would not be a question by what law his rights were to be
determined ; in that case not only would the international law have
no reason of being, but it would be impossible. This is why the pri-
vate international law is of such recent date. In fact, scarcely any
two of the writers upon it agree as to its nature and scope. Some
authors, convinced of the inanity of theory, have believed that the
law should rest upon facts ; in presence of the extreme diversity of
national legislation, they have appealed to the comity that peoples
should observe in their relations with each other ; each in its legisla-
tion having an interest in looking to the welfare of the foreigner, in-
asmuch as its own citizens are taken into account by the foreign laws.
This is nothing less than the doctrine of interest — a doctrine false in
philosophy and false in law ; interest is not a principle, it is a fact,
and a variable fact according to the circumstances and the passions.
The right, on the contrary, should rule the facts ; it is a contradiction
of terms to pretend that interest, always hostile, will put an end to the
eteilial conflicts which it begets. On the contrary, it will be seen that
the facts are the great obstacle which this science has to contend with.
How will a union be established in the midst of this infinite diversity ?
It is the contrariety and diversity of laws that demand application of
the judge : is it the national law which the judge should apply, or
that of the parties to the suit ? And what Avill be done in case the
parties belong to different nationalities ? Shall we take into account
the law of the place where the subject of the dispute is situated ?
Shall we distinguish whether they are chattels or immovables ? If it
is a question arising upon contract, shall we have recourse to the law
of the place where the contract is made, or where it is to be executed ?
Shall we give a preference to the law of the debtor or to that of the
creditor ? If there is involved the validity of instruments in writing,
shall we follow the law of the place where the writings were made?
By what principle shall a judge decide in this sea of doubts ? These
are the principles sought by the private international law.

Private international law, considered as a positive law, reposes on
the agreements expressed or implied, which are entered into between
sovereign nations. Treaties alone can put an end to the war of con-
flicting interests and diverse laws. There is but one means of con-
ciliating nations who recognize no superior authority, and that is by
way of concurrence of consent. Italy, under the inspiration of Man-


cini, has inscribed in her code the principles of nationality and the con-
sequences that flow therefrom. Mancini says there must be treaties
in order that the interest of foreigners be maintained and full justice
done them on an equal footing with the citizens. If he has not com-
pletely succeeded in his mission, it is because the times are not ripe for
the realization of his ideas. This is not a new dream of perpetual
peace, for the true ideal is not peace, but the reign of right ; and cer-
tainly there is nothing Utopian in the hope that peoples will under-
stand the regulation of interests purely private, and having little or no
connection with these greater interests for which, it is to be feared, the
resort to arms will always be a painful necessity. If this attempt of
Mancini has been premature, it has not on that account been useless.
It has opened the only way to a solution of the difficulties which every
day increase as international relations multiply.

In our days, througli the progress of the physical sciences, and
their cooperation with modern diplomacy, international relations have
undergone a veritable transformation. Communications between the
most distant countries are now more sure and easy than they were in
the last century between two provinces of the same state. A letter
from any part of the United States to Rome now costs less than a
letter from one town to another, ten miles distant, did sixty years ago.
The merchants of New York, Cincinnati, and Chicago, and even San
Francisco, negotiate as easily with the merchants of Paris, London, or
Liverpool as wnth those of Buffalo, Philadelphia, or New Orleans. We
employ each day, for the satisfaction of our wants, the products of
the most distant countries with as much facility as those of our own
soil. Undoubtedly science has done a vast amount in this prodi-
gious development of international intercourse ; it is science which
has furnished us steam and electricity, for diminishing distances, and
bringing peoples into closer relations. Science, it is true, can not do
everything ; it should be seconded by the law to produce all the ad-
vantages of which it is capable. The means of communication fur-
nished by it — the railroads, the steamboats, and the telegraph-lines-
would have but a limited sphere of action, if the States were isolated
one from another. The legal barriers that formerly existed between
peoples should be removed at the same time as the natural barriers,
and this is really taking place, for, as science progresses and material
interests become more developed, the ancient restrictive rules on immi-
gration are successively modified, as also are the regulations on the
legal condition of foreigners, on the necessity of passports, etc. But
this alone will not suffice : sometimes it is necessary that governments
mutually aid each other in the attainment of a result beneficial to all ;
such, for example, as the extradition of fugitives from justice. The
tendency is to create or regulate the relations between civilized coun-
tries in such a way that, while the sovereignty and independence of
each is guaranteed, the general interests, having a cosmopolitan char-


acter, will be found as satisfactory as if they were those of a single
state. In later years the development and application of this general
idea, through the progress made by the physical sciences, have far ex-
ceeded the hopes of the most sanguine. Take, for example, the post
and the telegraph. A few years ago the wildest visionary would never
have dreamed of the cordiality which to-day exists between the dif-
ferent peoples in their international relations. The postal and tele-
graphic services have contributed largely to this result. The same
treaty unites Turkey and Russia, France and Germany, Montenegro
and the United States.

Down to 1830 the postal system was not very well developed even
between different parts of the same country ; and of course was much
less efficient between different countries, where greater obstacles to its
progress would naturally be encountered. It was only aftet this period
and in consequence of the new relations to which a long peace had
given rise, aided by the development of means of communication by
land and sea, that the different countries felt the necessity of regulat-
ing their international postal communications. Without studying those
treaties as such, let us take a view of their object and utility.

Two countries who wish to regulate their international postal ex-
changes in a secure way must come to an understanding on the means
of transportation they will use, whether it is by railroad, stage, steam-
ers, or sailing-vessels, and what contribution to the expense of carnage
will be made by the respective parties to the contract. The questions
to be considered are : What will be the expense of mails thus trans-
ported? Will the postage be paid by the sender or receiver? In
what proportion will the expenses be borne by the offices cooperating
in this transportation ? It is on these points also that naturally arise
the chief difficulties, in consequence of the conflicting interests of the
contracting parties, each viewing the matter from his particular stand-
point, and each seeking to obtain the greatest benefits from the regu-
lations adopted.

In general, two postal administrations do not content themselves
with exchanging mails directly between the two countries ; each of
them, generally, has existing arrangements with other states which
they use as an intermediary. For instance, France, on account of its
geographical situation, plays this role for a number of countries ; it
serves as an intermediary for communications between the countries
of Spain, Italy, Switzerland, Germany, Belgium, and Great Britain.
A letter may have to traverse many countries to arrive at its desti-
nation : thus, a letter addressed from Lisbon to the Hague passes
through Spain, France, and Belgium ; it has three intermediate coun-
tries to traverse. Therefore, regulations must be made between the
services of direct exchange and those of transit. By transit we mean
the countries traversed ; thus, the French transit is necessary to com-
municate between the United States and Italy, under present regula-


tions. Another matter to be considered is the distinction between
the maritime and terrestrial transits ; the former is ordinarily more ex-
pensive than the latter, in consequence of the subsidies granted by many
countries to steamers on their navigable rivers, and in some countries
the railroads transport mail-bags gratuitously. The treaties have
therefore to regulate the transit, the manner in -which it is to be effect-
ed, and the remuneration. It must also regulate a great many other
niattei-s : for instance, what will be carried by the mails ? Formerly, at
great distances, letters only were exchanged ; now journals and pam-
phlets of every kind are carried, packages of merchandise, and even
money and valuables.

The system of isolated postal treaties between different countries
has had its day, and what progress was possible under it has already
been attained. Certain countries, which until recently remained outside
of the international movement, have now entered into it with ardor.
Thus in the year 1872 Russia, besides her postal treaty with France,
signed postal agreements with Germany, Belgium, Italy, Holland, Den-
mark, Sweden, Norway, and Switzerland. By an examination of the
numerous arrangements which at this period were formed for postal
relations, it is easy to ascertain a uniform tendency toward the devel-
opmeut of international exchanges by lowering the rates of postage and
by the simplification of operations. In 1862 the postal administration
of the United States called the attention of foreign postal departments
to this matter, and indicated the number of obstacles to foreign corre-
spondence resulting from the difference in the principles as well as in
the detail of postal arrangements — obstacles that could not be remedied
but by an international concert of action. Consequently, it invited the
members of the postal departments of the different nations to an inter-
national conference. This conference took place at Paris in May, 1863,
and was composed of delegates from fifteen countries ; its object, as
declared by its president, was " not to discuss or to regulate certain
practical facts which pertain to a sphere of negotiation beyond our
powers, but to argue, or at least to consider and proclaim, certain general
principles, certain speculative doctrines, which hereafter we may be
forced to adopt in the interest of the public and of the Treasuries of
our respective Governments." The different problems of the postal
exchanges were discussed with considerable acumen, and the result of
the deliberations was the enunciation of the general principles, which
were " of a nature to facilitate the relations of people with each other
by way of the post, and to serve as a basis to international conventions
looking to a regulation of these relations." This conference of 1863,
although bringing about no immediate result, had nevertheless a con-
siderable influence : it showed the possibility of an understanding and
the advantages of. discussion. Some of the ideas recommended soon
afterward passed into practice. With the progress of time their prac-
ticability became more apparent ; and a new conference was called.


not only to exchange ideas, but to lay the foundation for an actual
ti-eaty. Since 18G5 there has been a Telegraphic Union. Why not
also have a Postal Union ? As a consequence of these negotiations,
which were interrupted by the Franco-Prussian War, and subsequently
resumed, Switzerland convoked at Berne the delegates of the European
Governments and of the United States on the 1st of September, 1873.
Different powers, principal among which were France and Russia,
having manifested an intention to abstain from the conference, it was
adjourned. It reconvened September 15, 1874 ; and included dele-
gates from all the European powers, from Egypt, and the United
States. Notwithstanding the numerous difficulties met with, among
which may be mentioned the differences resulting from the wide sepa-
ration of some of the countries, the enormous inequality of their terri-
tories, a great diversity of views on economic and financial points, and,
finally, the power, always strong, of existing arrangements, a Postal
Union was finally formed, after fifteen sessions of the convention.

The delegates were many of them general directors of the postal
departments of their respective countries. Those of Germany played a
preponderating role in the Congress, because it was from them came
the initiative of the reunion, and the discussion bore largely on their
project ; the Belgian delegates also took an active part. The delegates
of France and Great Britain were, on the contrary, not very active in
the formation of the Union. France, for divers reasons, could not view
the project with favor ; she was principally kept back by fear of the
consequences to her finances that would follow the signing of the
treaty,'8o terrible was the strain on her exchequer of the trying events
of 1870-'71. Her delegates took no part in the discussions, nor in the
voting on the different provisions of the treaty ; but the pressure of
public opinion compelled her to sign the treaty which was concluded
between the powers on the 9th of October, 1874.

Besides the treaty, the delegates also signed a detailed regulation
for the execution of the treaty. There is this difference between the
two acts : the first can not be modified or amended but by the action
of representatives fortified with the full powers of their Governments ;
while the other can be agreed upon between the administrators of the
various postal departments. The first is a diplomatic act, the second
an administrative aiTangement. The same course was followed at St.
Petersburg, in 1875, in establishing the Telegraphic Union.

The Union is not limited to the countries signing the Berne treaty.
That treaty provided for the accession of new members ; and since
1874 other nations than the original contracting parties have joined it,
and in the near future we may see a universal postal association, em-
bracing the entire world.

Turkey, on account of its peculiar international situation, is distin-
guished in this treaty from the other contracting parties, inasmuch
as its foreign correspondence is made through foreign offices. Thus


at Constantinople there are bureaus established by France, Austria,
Russia, England, and Germany, who occupy themselves with the inter-
national postal service, in which Turkey takes no part. At Berne the Ot-
toman delegate protested against this state of things, declaring that his
Government wished to enter definitely into its rights, and that, besides,
it was ready to do all that was necessary to carry out the requirements
of the international postal service. The response to this was a demur-
rer, on the ground that the protest was a matter of which the con-
ference could not take cognizance, and one that should be regulated
between Turkey and the different states interested.

The general principle of the treaty is thus stated in its opening
article : " The countries between which the present treaty is concluded
will form, under the designation of General Postal Union, one single
postal territory for the reciprocal exchange of correspondences between
their postal departments,"


THOUGH still a young man, having just entered on his prime,
Professor Cope is widely known for his enthusiasm and industry
in scientific pursuits. Already he has accomplished an amount of
original work in his chosen field of investigation that would do credit
to an ordinary lifetime, and that justly entitles him to the place he
now holds among the foremost of American biologists.

Edward Drinker Cope was born in the city of Philadelphia, in
1840. He is of English and French descent, and his ancestry on both
sides is represented by names once prominent in the histories of their
respective countries. As a boy he was particularly interested in sci-
entific studies, and also showed an early aptitude in the use of lan-
guage, which has since developed into that remarkable power of lucid
and fluent expression, even on the most abstruse of topics, for which
he is now distinguished. He began to write on his favorite subjects
when only sixteen ; but, as he was then occupied with what others
had done, and presumably had nothing new to say, his writing at-
tracted little if any public attention before he was twenty-five. Af-
ter eighteen he studied with a private tutor ; subsequently graduated
from the University of Pennsylvania ; studied comparative anatomy
in the Academy of Sciences of Philadelphia, in the Smithsonian Insti-
tution in 1859, and in Europe in 1863-'64 ; and became Professor of
Natural Science in Haverford College in 1866. The most important
part of his scientific work is comprised in his paleontological studies,
and the papers he has prepared concerning them. He began his ex-
plorations in field geology in the Cretaceous green-sand of New Jer-


8ey in 18GG, where he discovered fifty-eight species of vertebrates new
to science, inchiding the remarkable dinosaur, Loelaps aquilungis.
Next he turned his attention to the Miocene strata of Maryland and
North Carolina, where he found many cetaceans, of which half the
species were new, and some were of great size. lie also surveyed the
Trias of the Atlantic slope, and contributed, by the identification of
the genus Belodon, of Von Meyer, in North Carolina and Pennsylva-
nia, to fix the determination of its age. In 1868 he was engaged, in
connection with the geological survey of Ohio, in the examination of
the characters of the air-breathing vertebrates, of which he deter-
mined thirty-four species of fourteen genera, and defined the order

Ilis Western explorations were begun in 1870, when he visited the
Cretaceous region of western Kansas, and found there some remarkable
forms of fish, and the Liodon and Elasmosaurus, the largest known
swimming saurians. His next excursion was for the exploration in
1872 of the Eocene Bad Lands of the tributaries of Green River, in
Wyoming Territory. Mr. J. King at one time made these beds Mio-
cene, but Professor Cope claims to be the first to determine that they
were Eocene. He found in them the remains of a huge mammal,
with three pairs of osseous horns, or processes, on the skull, to which
he gave the name of Loxolophodon cormdus. From this and other
material, obtained at the time, he was able to determine the true char-
acter of the Bhiocerata, and to refer the groups to the Prohoscidce as
a sub-order. In the next year, as paleontologist of Dr. Hayden's Sur-
vey of the Territories, he conducted an expedition into northeast
Colorado for the exploration of the White River beds. Among his
discoveries here were five species of the new genus Si/mhorodon, creat-
ures of gigantic size, with long, horn-like processes on the front of the
skull, and another animal about as large as a squirrel. In 1874, as
paleontologist to Lieutenant Wheeler's geographical surveys, he took
part in studying the geology of northwestern and central New ]SIex-
ico. The geology of the Northwest region, which, in the estimation
of Professor Cope, had been previously misunderstood, was devel-
oped, and a great tract of Eocene sedimentary rocks identified. A
rich vertebrate fauna was found, in its main features identical with the
Suessonian of Western Europe. The primitive type of the carnivora
was first defined under the name Creadonta, and a gigantic bird also
discovered. The same expedition explored the red beds of the Rocky
Mountains and the Loup Fork bed of the Santa Fe. In 1875 Pro-
fessor Cope determined that the vertebrates of this formation were
reptiles and not mammals, as had been supposed, and their age was
therefore set down as cretaceous instead of tertiary. This expedition,
together with the previous one in the same horizon in Colorado,
yielded forty new species, many of which were dinosaurs of high or-
ganization. Some of the herbivorous forms were found to have an


exceedingly complex dentition, arranged in magazines, containing in
some instances as many as two thousand teeth. A new group of sau-
rians and several batrachians were also discovered. Explorations
were begun in the Jurassic beds of the upper Arkansas River, in
18T7, Avhich yielded some of the largest crocodilians known. Other
expeditions were sent out into the Permian regions of Texas and into
Montana and Nebraska. In the latter he discovered a new geological
horizon between White River (lower) and Loup Fork (upper) Mio-
cene, from which several species of peculiar character were obtained.
Two expeditions to explore the Loup Fork beds of Kansas obtained
numerous reptiles, and mammals,, including horses, camels, a new mas-
todon, and two new rhinoceroses. Explorations in Oregon were begun
by parties sent out in 1877, and Professor Cope visited the field in
1879, pai'tly to examine the material that had been collected, among
which he found many fine specimens, and partly to study the Pliocene
deposit of that region, which was found remarkable for the prodig-
ious number of the bones of birds it contained and for the occur-
rence of flint implements* In all of these expeditions six hundred and
thirty-five new species were discovered, including one hundred fishes,
one hundred and seventy-five reptiles, ten birds, and three hundred
and fifty mammals, from which have been constituted the extinct or-
ders Actinochiri (fishes), Stegocephali (batrachians)^ Charistodera,
Pythonomorpha, and Theromorpha (reptiles), Tieniodonta, Crcdonta,
and Amhlypoda (mammals).

Professor Cope has also contributed to the definite determination
of the relative ages of the horizons of the interior of the continent as

Online LibraryD. S. (David Samuel) MargoliouthThe Popular science monthly (Volume 19) → online text (page 13 of 110)