(12) Freedom of speech and of worship are also subject to local law.
All these laws are subject to the exemptions in favor of sovereigns, diplomatic agents, etc.
(c) Ordinarily the identity of an alien is established by a passport. This may also secure for him a measure of care in a foreign state. Below is the form of passport.
| Good only for two years from date. | |
|---|---|
| UNITED STATES OF AMERICA | |
| Department of State | |
| To all to whom these presents shall come, Greeting: | |
| I, the undersigned, Secretary of State of the United States of | |
| America, hereby request all whom | |
| DESCRIPTION | it may concern to permit |
| Age.... Years..................... | |
| Stature... Feet... Inches..., Eng. | .............. ..............., |
| Forehead.......................... | a Citizen of the United States, |
| Eyes.............................. | ........................ safely |
| Nose.............................. | and freely to pass, and in case of |
| Mouth............................. | need to give ... all lawful Aid |
| Chin.............................. | and Protection. |
| Hair.............................. | |
| Complexion........................ | Given under my hand and the |
| Face.............................. | Seal of the Department of State, |
| at the City of Washington, the | |
| (SEAL) | ... day of ....... in the year |
| 19..., and of the Independence of | |
| (Signature of the Bearer) | the United States the one hundred |
| .................................. | and................. |
| No..... | ................ |
[§ 61. Exemptions from Jurisdiction—General]
As a general principle, the sovereignty of a state within its boundaries is complete and exclusive. For various reasons there has grown up the custom of granting immunity from local jurisdiction to certain persons generally representing the public authority of a friendly state. This immunity may extend to those persons and things under their control.
This immunity has been called exterritoriality. The persons and things thus exempt from local jurisdiction are regarded as carrying with them the territorial status of their native state, or as being for purposes of jurisdiction within their own state territory, and beyond that of the state in which they are geographically. Wherever they may go they carry with them the territory and jurisdiction of their home state. Doubtless this doctrine of exterritoriality in the extreme form may be carried too far, as many late writers contend, and some have desired another term, as immunity from jurisdiction, as more exact and correct.[177] Such a term would have the merit of directing attention to the nature of the relation which the persons concerned sustained to the state. Hall sums up the case by saying, "If exterritoriality is taken, not merely as a rough way of describing the effect of certain immunities, but as a principle of law, it becomes, or at any rate is ready to become, an independent source of legal rule, displacing the principle of the exclusiveness of territorial sovereignty within the range of its possible operation in all cases in which practice is unsettled or contested."[178] Exterritoriality should be viewed as based on the immunities conceded to public persons, rather than as the source of these immunities.
[§ 62. Exemption of Sovereigns]
Sovereigns sojourning in their official capacity in foreign countries are exempt from local jurisdiction. This principle is based, not merely upon courtesy, but also upon convenience and necessity. The sovereign represents the state, and therefore cannot be subjected to the jurisdiction of another state without waiving the sovereignty, and in so far depriving the state of one of its essential qualities. Nor can the visiting sovereign exercise any authority which would infringe the sovereign powers of the state in which he is. The visiting sovereign can only claim immunity for such action as is in accord with the necessities of his convenient sojourn. He, his retinue, and effects, are exempt from civil and criminal jurisdiction. He is free from taxes, duties, police and administrative regulations. In the case of Vavasseur v. Krupp, 1878, it was decided that infringement of the patent law did not constitute a ground for suit against a sovereign. In this case Vavasseur brought action against Krupp for infringement of patent on shells in custody of the agents of the Mikado of Japan. The action resulted in an injunction preventing removal of the shells to the Mikado's ships, but on application of the Mikado to remove the shells as his property, the court held that, even if the property in question infringed a patent, the Mikado could not be sued and his property could not be held.[179] The principle that the sovereign is free from suit has frequently been decided by the courts of various countries. A sovereign sojourning in a foreign state cannot, however, set up his courts and execute judgment; such functions belong to his territorial courts. Criminals in his retinue must be sent home for trial. While the sovereign's hôtel or place of residence while abroad is exempt from local jurisdiction, the sovereign is not justified in allowing the hôtel to become an asylum for others than members of his retinue. On demand he must give up such refugees. In case the sovereign does not observe this principle or commits acts liable to endanger the peace of the foreign state, the authorities may invite him to depart, or if necessary expel him by force.