Introduction of the Study of International Law: Designed as an Aid in Teaching, and in Historical Studies

Front Cover
C. Scribner, 1864 - International law - 441 pages
 

Contents

Method pursued in this work
35
CHAPTER I
36
Essential attributes of a state Sovereignty independence equality all included in sovereignty May be parted with by confederated and by protected stat...
37
Obligations not affected by change of government
38
All forms of government legitimate in the view of international
39
It knows only governments de facto
40
Assistance to provinces in revolt unlawful but aid to another state against rebellion lawful
41
Noninterference the rule but with exceptions Interference when justified
42
Interference to preserve the balance of power
43
Historical illustrations of such interference
44
Interference to prevent revolutions
45
Instances of such interference in the French revolution The holy alliance Congress of TroppauLaybach Congress of Verona
46
Property of states what in international law?
52
CHAPTER III
58
Exterritoriality its limits as to sovereigns ships of war armies in transit
64
The Monroe doctrine 48 Results of an attempt to establish a law of interference in the internal affairs of states
70
Interference in the Belgic revolution of 1830
76
Rank of ambassadorsceremonialtermination of their mission
94
Treaties procured by fraud falsehood or force not binding
100
Other modes of confirming the faith of treaties Hostages Pledges
106
Commencement of war Declaration Greek and Roman practice Media val practice Modern Reasons for the modern usage
115
What notice of a state of war ought to be given?
116
Effects of war Nonintercourse with the enemy License to trade
117
Enemys property within a belligerent country
118
Have all in each hostile state a right to wage war?
119
Treatment of enemys property on land and sea compared
120
Forces employed in war especially on the sea Privateers
121
Evils of privateering Testimony to these evils Endeavors to stop it by treaty Declaration of Paris 1856 Attitude of the United States
122
Restrictions on privateering to prevent its evils
123
Laws and usages of war somewhat vague yet improving Causes of this amelioration
124
Effects of foreign judgments
125
Retaliation
126
Special rules 1 as to weapons and ways of injuring an enemys person
127
2 Allowable weapons in war 3 Breach of faith Solicitations to crime 128 4 Treatment of captured persons especially of soldiers 5 Treatment of irre...
128
Summing
130
7 Public property
131
8 Sieges and storms of forts and towns
132
CHAPTER IV
133
Commercia belli
134
Spies
135
Civil wars Wars with savages
136
Pirates and their treatment
137
Is the slavetrade piracy?
138
Capture in general especially from enemies
139
The Agents in the Intercourse of Nations or Ambassadors
140
Complete title given by a court
141
Ransom of captured vessels Hostages to secure ransom
142
Restrictions on the power to make peace
151
Effect of treaties of peace
152
Continued
153
Time when a treaty begins to be binding
154
Doctrine of neutrality of modern growth Neutrals who? Gradations of neutrality Permanent neutrality Armed neutrality
155
Obligations of neutrals to be impartial
156
To stand aloof from both parties
157
To be humane to both
158
The neutral may admit into his ports warvessels of the belligerents
159
What neutrals may not do Cases doubtful or disputed 1 Transit
160
2 Furnishing troops to belligerents
161
What may a neutrals subject
162
Rights of neutrals Case of the Caroline
163
Continued
164
Municipal laws enforcing neutrality
165
Treatment of vessels conveying hostile goods
170
Justice of the rules respecting neutral trade considered
171
Former practice in regard to neutral trade
172
Historical illustrations
173
Continued
174
Declaration attached to the peace of Paris in 1856
176
Neutral property in armed enemies vessels
177
Contraband of
178
What goods are contraband in the usage of nations?
179
Results as to deciding what articles are contraband Occasional contraband
180
Is it just and sanctioned by usage? Opinions in respect to
181
PART II
182
Penalty for contraband at sea Treaty modifying the penalty
183
Neutrals carrying the enemys despatches Case of the Trent
184
Trade closed in peace but open in
185
Blockade What places can be blockaded? Why is a breach of blockade unlawful? Validity of a blockade Paper or cabinet blockades un lawful
186
Evidence of a blockade What is due notice? What is a discontinuance of a blockade?
187
Penalty for breach of blockade Duration of liability to penalty
188
Attempts to stretch the doctrine of blockade Prussian decree Berlin
189
Rightfulness of war For what may war be undertaken
191
20a 3 Is there a right of punishing other states?
206
decree First and second orders in council Milan decree British or ders in council of 1809
323
The right of search Its narrow limits Duty of submitting to it Treaties often regulate the right
325
Is there a right of convoy? Historical illustrations 192 Its justice considered 193 Neutrals under belligerent convoy
328
Search during peace to execute revenue laws 195 Search on suspicion of piracy
330
Obligations of the United States in regard to the slavetrade Resolutions of Congress Feb 28 1823 Negotiations in England and convention of 1824 a...
338
Treaty of Washington in 1842
341
92c 5 Freedom of private worship
376
Case of the British ambassador in 1856
423
92d 6 Privileges of ambassadors family and train
427
Observations on certain duties 1 Humanity
429

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Page 68 - In the discussions to which this interest has given rise, and in the arrangements by which they may terminate, the occasion has been judged proper for asserting, as a principle in which the rights and interests of the United States are involved...
Page 68 - ... we could not view any interposition for the purpose of oppressing them, or controlling in any other manner their destiny, by any European power, in any other light than as a manifestation of an unfriendly disposition toward the United States.
Page 304 - ... at the end of the eighteenth and beginning of the nineteenth century, were on a very much larger scale, and affected a far greater number of industries.
Page 105 - That after the said limitation shall take effect as aforesaid, no person born out of the kingdoms of England, Scotland or Ireland or the dominions thereunto belonging (although he be naturalized or made a denizen, except such as are born of English parents) shall be capable to be of the privy council, or a member of either house of parliament...
Page 168 - China who may be guilty of any criminal act towards citizens of the United States, shall be arrested and punished by the Chinese authorities according to the laws of China: and citizens of the United States, who may commit any crime in China, shall be subject to be tried and punished only by the Consul, or other public functionary of the United States, thereto authorized according to the laws of the United States.
Page 84 - And the United States hereby renounce forever, any liberty heretofore enjoyed or claimed by the inhabitants thereof, to take, dry, or cure fish on, or within three marine miles of any of the coasts, bays, creeks, or harbours of His Britannic Majesty's dominions in America...
Page 219 - Thou shalt not smite them: wouldest thou smite those whom thou hast taken captive with thy sword and with thy bow? set bread and water before them, that they may eat and drink, and go to their master.
Page 282 - But there is nothing in our laws, or in the law of nations, that forbids our citizens from sending armed vessels, as well as munitions of war, to foreign ports for sale. It is a commercial venture, which no nation is bound to prohibit, and which only exposes the persons engaged in it to the penalty of confiscation.
Page 293 - ... reasonable compensation for the loss such arrest shall occasion to the proprietors: and it shall further he allowed to use in the service of the captors, the whole or any part of the military stores so detained, paying the owners the full value of the same, to be ascertained by the current price at the place of its destination.
Page 383 - Louisiana, with the same extent that it now has in the hands of Spain, and that it had when France possessed it, and such as it should be after the treaties subsequently entered into between Spain and other States.

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