Meaning of the phrase “principles of international law and of equity” as used in Article 7 of the Special Agreement between the United States and Great Britain of August 18, 1910, and of the phrase “admission of liability” in paragraph II of the Terms of Submission attached to the Special Agreement.

In a communication to the Congress of the Confederation, February 20, 1787, the Netherlands minister protested against an Act of the legislature of the State of Virginia, which exempted French brandies imported in French and American vessels from certain duties to which like commodities imported in vessels of the Netherlands were left liable, as in contravention of the most-favored-nation clause in Article II of the treaty of 1782. This article provided that the subjects of the Netherlands should pay in the ports of the United States no other or greater duties or imposts of whatever nature or denomination than those which the nations the most favored were or should be obliged to pay; and that they should enjoy all the rights, liberties, privileges, immunities and exemptions in trade, navigation and commerce which the most favored nations did or should enjoy. The article contained no express qualification that the favor or privilege should be extended freely if freely given or for an equivalent if conditional.

It is always advisable while laying down any rule whereby human actions are framed, to ascertain the basis on which such principle or rule rests. Such an inquiry is by no means useless in dealing with the science of international law, even though one may regard this branch of knowledge as being merely “positive”; for the conduct of states, just as that of individuals, is generally modelled according to some idea or principle. It will not be unprofitable, therefore, to begin this study with a note, short as it must necessarily be, on the grounds of the liability of states, so that in this manner it may become comparatively easy to ascertain what are the rights of states whose citizens or subjects have suffered damages in the course of riots or insurrections that have taken place in a foreign country.

The recent appropriation, made by Congress, to reimburse those American citizens who suffered property damages and losses by reason of the unlawful and unjustifiable bombardment of Apia, Samoa, by the British and American warships during the year 1899 has revived an interest in the unusual controversy then pending over the election of a native king, and aroused a curiosity as to the reason of the appropriation at this late date, over a decade since the damages were committed.

At the Antwerp meeting of the International Law Association in 1903, a paper was presented by Mr. Justice Phillimore indicating the desirability of having Great Britain participate in the Hague Conferences on Private International Law. At the same meeting, a resolution was adopted on the motion of Mr. Justice Kennedy to the effect that the Association “should take steps respectfully to lay before the British Government the points dealt with in that paper” with a view to its participation in the conferences. Although not referring in terms to America, the resolution was seconded by Dr. Gregory, an American member, and the discussion showed plainly that it was the sense of the meeting that the resolution was intended to apply also to the United States.

The first United States minister to Mexico was Joel R. Poinsett. To the ordinary mind, however, his chief title to fame does not rest on his filling this or a number of other official posts; but on the fact that he made known to the world the beautiful Christmas flower which in honor of him was named “poinsettia.” But even this discovery was a result of his diplomatic appointment; for it was while on his mission to Mexico that he observed it and brought it to the attention of botanists. It is the purpose of this article to study only the minister’s personal conduct while in Mexico and his relations with the government and people, explaining the grounds for the charges made against him of meddling in the internal affairs of the country.