French sailors at the World's Columbian Exposition as a guard for the protection of the French section.

"In reply I beg to state that under date of June 27 last, you addressed a note to this Department asking that permission be granted for a national vessel of small tonnage, containing a guard of 30 sailors for the French exhibit, to enter and sojourn in the waters of Lake Michigan during the World's Fair.

"This Department replied on the 5th of the following month that such permission as it was in the power of the Federal Government to grant would be most cordially extended, but that it would be necessary to obtain the consent of the executives of the various States through which the detachment was to pass. The governor of Illinois was at once communicated with upon the subject, and on July 15 last you were informed that permission had been granted for the entry and sojourn in that State of the sailors in question.

"As these sailors must necessarily pass within the jurisdiction of other States on their way to Chicago, I shall take pleasure in making request to the respective governors for the required permission upon being apprised of the route which they are to follow. The port of their entry into the United States should be stated in order that the necessary instructions may be given for their admission.

"I take this occasion to again express to you a sense of the willingness with which the Government of the United States, under whose jurisdiction the waters of Lake Michigan rest, accords permission for the sojourn of a French vessel in those waters during the exposition."

Mr. Foster, Sec. of State, to Mr.Patenotre, French min., Dec. 17. 1892,
MS. notes to France, X. 263.

"I have to acknowledge the receipt of your letter of the 8th instant, stating that the Mexican Government intends to send to the Pan-American Exposition, 1901, one hundred men from different grades of its army, including sixty-two members of a mounted band.

"You request that permission be granted by the Federal Government for the entry of these troops into the United States, and that permission be obtained from the authorities of the States through which they may pass on their way to Buffalo, authorizing them to make the transit.

"In reply I have to inform you that the proper procedure would be for the Mexican Government to apply through the Mexican ambassador at Washington for permission for the troops to enter the United States with their arms, horses and accoutrements, stating at the same time the point where they will enter and the States through which they will pass.

"The Department will then have the proper customs officials suitably instructed and will obtain the consent of the governors for the [passage of the] detachment through their respective States.

"It is thought probable that this detachment is the same as that for which the Mexican ambassador, on October 25 last, requested permission to enter the United States. In that case he was informed, October 30, that this Government would have no objection to the entry of the band and the detachment, but that it should be informed of the different States through which they would pass. "This information has not yet been furnished by the ambassador." Mr. Hill, Assist. Sec. of State, to Mr. Buchanan, president of the PanAmerican Exposition, Jan. 14, 1901, 250 MS. Dom. Let. 217.

Permission was given in February, 1881, by the Government of Canada for the passage of the "Spaulding Guards,"

Social occasions.

of Buffalo, armed and equipped, over the Canada Southern Railway from Buffalo to Detroit.

66

Mr. Hay, Asst. Sec. of State, to Mr. Sherman, February 24, 1881, 136 MS.
Dom. Let. 360.

By a note of the 13th of December last, you were pleased to express the desire of obtaining for the volunteer Gate City Guards' of Atlanta, the authorization to wear their uniforms, and to carry their arms during their stay in France, which they propose to visit in the summer of 1887.

"After having taken the advice of the ministers of the interior and of war, I am happy to advise you that the application of this organization meets with no objection on the part of the Government of the Republic. I shall be obliged to you to kindly inform me, when the time comes, of the exact date of the arrival of the Gate City Guards'. of Atlanta."

66

Mr. Flourens, French min. of for. aff., to Mr. McLane, U. S. min., Jan. 6, 1887, For. Rel. 1887, 283.

A similar permission was accorded to the Gate City Guards in Belgium, by the Government of that country, on the request of the Government of the United States, preferred through its minister at Brussels. (For. Rel. 1887, 25, 29.)

Referring to your note of the 18th ultimo, asking permission for the Honorable Artillery Company of London to enter the United States in uniform with arms, and to the subsequent correspondence, I now have the honor to inform you that the necessary orders in the premises have been issued by the respective governors of the States of New York, Connecticut, Rhode Island and Massachusetts.

"Enclosing copies of special orders issued by the respective adjutants-general of Connecticut and Rhode Island relative to the matter, addressed to yourself and the commanding officer of the Honorable Artillery Company of London, I have, &c."

Mr. Bayard, Sec. of State, to Sir L. West, Brit. min., May 4, 1888, U. S.
Notes to Great Britain, XX. 640.

The course of the correspondence to which the foregoing note relates was
as follows:

April 9, 1888, Mr. Henry Walker, of the Honorable and Ancient Artillery Company of Massachusetts, addressed to the Secretary of State a letter requesting permission for a delegation of 25 members of the Honorable Artillery Company of London, the parent of the Massachusetts organization, to enter the United States in uniform and bearing arms, in order to participate in the 250th anniversary of the Massachusetts company. Mr. Rives, Assistant Secretary, April 14, 1888, replied: "Applications for the admission into the United States of an armed body of men, part of the military organization of a foreign power, must necessarily be made by the foreign government to whom they owe allegiance, through its representative at this capital." (168 MS. Dom. Let. 81.)

April 21, 1888, Mr. Bayard, Secretary of State, informed the Secretary of the Treasury that he had received from the British minister in Washington a request of the Ancient and Honorable Artillery Company of Massachusetts, on behalf of the Honorable Artillery Company of London, and asked that orders be "issued to the collector of customs at New York for the free entry of the delegation in question, with their arms and equipments." (168 MS. Dom. Let. 168.)

At the same time Mr. Bayard addressed to the British minister the follow-
ing note:

"I have the honor to acknowledge the receipt of your note dated the 18th
inst. transmitting the request of the Ancient and Honorable Artillery
Company of Massachusetts, on behalf of the Honorable Artillery Com-
pany of London, that a delegation of the latter company may receive
permission to enter the United States in uniform and with arms,
and this you submit for such action as I may see fit to take.
"By your becoming the avenue of communication for a request of an
armed and uniformed body of British artillery to enter the United
States, I assume that the permission so to enter is desired by your
Government and have the pleasure to announce that orders will be
issued by the Secretary of the Treasury for the free entry of the
delegation with their arms and equipments.

"If you could indicate the vessel by which the delegation is expected to
arrive in New York, it would assist in giving definiteness to the
orders.

"Moreover, application should be made to the respective governors of the States of New York, Connecticut, and Massachusetts for permission to pass through their several jurisdictions. As the delegation is intended to visit Boston, the transit from New York is made necessary, and I shall have pleasure in applying for such permission." (Mr. Bayard, Sec. of State, to the Hon. Sir L. S. S. West, Brit, min., April 21, 1888. MS. Notes to Gr. Brit. XX. 632.)

In June, 1889, the British Government granted permission for the Massachusetts Volunteer Militia Rifle Team to enter England bearing

arms.

Mr. Blaine, Sec. of State, to Gov. Ames, June 13, 1889, 173 MS. Dom.
Let. 372.

"Canadian Government has granted permission to the Thirteenth Regiment of National Guard of the State of New York to visit Hamilton, Canada, uniformed and armed."

Mr. Wharton, Acting Sec. of State, to Mr. Hill, tel., Aug. 19, 1889, 174
MS. Dom. Let. 181.

Questions of control.

The sovereign who, although he had not expressly waived his jurisdiction, should attempt to exercise it over a foreign military force to which he had granted a right of passage through his dominions, "would certainly be considered as violating his faith. By exercising it, the purpose for which the free passage was granted would be defeated, and a portion of the military force of a foreign independent nation would be diverted from those national objects and duties to which it was applicable, and would be withdrawn from the control of the sovereign whose power and whose safety might greatly depend on retaining the exclusive command and disposition of this force. The grant of a free passage, therefore, implies a waiver of all jurisdiction over the troops during their passage, and permits the foreign general to use that discipline, and to inflict those punishments which the government of his army may require."

Marshall, C. J., schooner Exchange v. McFaddon, 7 Cranch, 116, 139, cited in Tucker v. Alexandroff, 183 U. S. 424, 432.

The court, after citing the cases given in Wharton's Int. Law Digest, sec. 13, of the entrance of foreign troops into the United States by permission, referred to the parading of the forces of foreign menor-war, under their various commanders, at the Columbian celebration in New York in 1893; to the permission granted by the Secretary of the Treasury for the admission of Canadian troops to join in the Dewey parade, and to the presence of Mexican troops at the Buffalo Exposition, and said: "In none of these cases, however, did a question arise with respect to the immunity of foreign troops from the territorial jurisdiction, or the power of their officers over them, or the right of the latter to call upon the local officers for the arrest of deserters. While no act of Congress authorizes the executive department to permit the introduction of foreign troops, the power to give such permission without legislative assent was probably assumed to exist from the authority of the President as commander-in-chief of the military and naval forces of the United States. It may be

doubted, however, whether such power could be extended to the apprehension of deserters in the absence of positive legislation to that effect."

Tucker 1. Alexandroff (1902), 183 U. S. 424, 435. This case related to a detail of Russian marines who had, with the concurrence of the Government of the United States, been admitted into the country to man a Russian cruiser building at the Cramp shipyard in Philadelphia.

"On rare occasions the consent of a foreign government is asked, through diplomatic channels, for the passage of small bodies of troops, or for permission to do other acts which might otherwise be a violation of territory; but in such cases, as the offense would be against the sovereignty of the Government only, permission at times is accorded. It is seriously doubted, however, whether it is in the province of an officer of the Army, in command on a distant station, to permit or sanction such violation. It is also extremely doubtful whether it is in any aspect competent to assume to permit a foreign power to transport persons in custody through the territory of the United States, maintaining over them while in transitu any authority or power. such a case the rights of the individual are also involved."

Mr. Fish, Sec. of State, to Mr. Cameron, Sec. of War, December 7, 1876, 116 MS. Dom. Let. 166. For the case of Peter Martin, who in 1876 was transported across Alaskan territory in custody of Canadian officials on a charge of crime, without the permission of the United States, and who was afterwards set at liberty on the representations of the United States, see For. Rel. 1887, 837-839.

See, generally, as to the transit of fugitive criminals in custody across the territory of third states, Moore on Extradition, I., §§ 381, 382, 452, 460, 461, 466, 467, 468, 469, 484, 485, 488, 497, 503, 504, 507, 508, 509, 510, 512, 515.

6. LANDING OF FORCES FOR PROTECTION AGAINST VIOLENCE.

§ 214.

In the unsettled state of affairs in Mexico, when the government of Juarez was established at Vera Cruz and the Miramon government occupied the capital, Mr. McLane, who was accredited as minister of the United States to the Juarez government, was directed, in case a hostile force should approach Vera Cruz and he should consider the American citizens there to be in danger from its operations, to request the commanding officer of the United States vessel of war upon the coast to land such forces as might be needed and as could be spared from indispensable duties, and to employ them for the protection of American citizens whose persons or property he might believe to be in danger.

Mr. Toucey, Sec. of Navy, to Capt. Jarvis, U. S. S. Savannah, March 13, 1860, S. Ex. Doc. 29, 36 Cong. 1 sess.