CO129-562-2 Chung Chi Cheung- appeal against death sentence 1-1-1937 - 31-12-1938 — Page 18

7.

of the courts of justice was a branch of that possessed

by the nation as an independent sovereign power. The

jurisdiction of the nation, within its own territory, is

necessarily exclusive and absolute. It is susceptible of

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no limitation not imposed by itself. Any restriction upon

it, deriving validity from an external source, would imply

a diminution of its sovereignty to the extent of the

restriction, and an investment of that sovereignty, to the

same extent, in that power which could impose such restrict-

ion.

All exceptions, therefore, to the full and complete

power of a nation, within its own territories, must be

traced up to the consent of the nation itself. They could

flow from no other legitimate source.

This consent might be either expressed or implied.

In the latter case it is less determinate, exposed more

to the uncertainties of construction; but, if understood,

not less obligatory.

The world being composed of distinct sovereignties,

possessing equal rights and equal independence, whose mutual

benefit is promoted by intercourse with each other, and by

an interchange of those good offices which humanity dictates

and its wants require, all sovereigns have consented to a

relaxation in practice, under certain peculiar circumstances,

of that absolute and complete jurisdiction, within their

respective territories, which sovereignty confers.

This consent, might, in some instances, be tested

by common usage, and by common opinion growing out of that

usage. A nation would justly, be considered as violating

its faith, although that faith might not be expressly

plighted, which should suddenly, and without previous

•

notice exercise its territorial jurisdiction in a manner

not consonant to the usages and received obligations of

the civilised world.

This perfect equality and absolute independence of