International Law: Or, Rules Regulating the Intercourse of States in Peace and War

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D. Van Nostrand, 1861 - International law - 907 pages

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Contents

Divisions of the positive law of nations by Wolfius and Vattel
49
CHAPTER III
63
CHAPTER IV
81
CHAPTER V
97
Royal honors
101
Emperors and kings
102
Rank of republics
103
Usage of the alternat
104
Language of diplomatic intercourse and treaties
105
How regulated
106
In foreign ports and on the high seas
107
Treaties respecting salutes etc
108
General rules established by textwriters
109
Salutes between ships and forts
110
Ships in foreign ports
112
Regulations as to salutes in the British navy
113
French naval regulations
114
Spanish regulations
115
United States army and navy regulations
116
Difficulties in the application of these rules
117
May be avoided by making all salutes international
118
CHAPTER VI
119
By deeds of gift and bequest
129
Extent of Maritime territory
130
Ownership of islands
131
Principle of the kings chambers
132
Difficulties in its application
133
Danish sound dues
135
Black sea how far a mareclausum
136
The great lakes and their outlets
137
Changes in rivers or lakes dividing states
138
Effect of such changes on boundaries
139
Navigable rivers passing through several states
140
Incidental use of their banks
141
This right may be modified by compact
142
Of other European rivers
143
Navigation of the Mississippi
144
Of the St Lawrence
145
CHAPTER VII
147
Law of real property
148
Law of personal property
149
Law of contracts
150
Exceptions to rule of comity in contracts
151
Rule of judicial proceeding
153
Law of personal capacity and duty
154
Droit daubaine and droit de retraction
155
Law of escheat
156
Foreign marriages
157
Foreign divorces
158
Laws of trade and navigation
159
Laws of bankruptcy
160
Law of treason and other crimes
161
Jurisdiction with respect to actions
162
Jurisdiction of a state over its own citizens
163
Over alien residents
164
Over real property
166
Distinction between contracts inter vivos and causa mortis
167
Between assignments in bankruptcy and voluntary assignments
169
Jurisdiction over public and private vessels on the high seas
170
Public armed vessels and their prizes in foreign ports
171
Private vessels in foreign ports
173
Extradition of criminals
174
Extra territorial operation of a criminal sentence
175
Conclusivenes of foreign judgments in rem
176
Foreign courts how far exclusive judges of their own jurisdiction
177
Proof of foreign laws
178
Proof of foreign contracts and instruments
179
Of foreign judgments and documentary evidence
180
CHAPTER VIII
182
This right how affected by civil war
184
Conditional reception of a diplomatic agent
185
What department of government may send and receive such agents
186
Right of negotiation and treaty
187
Treaties by semisovereign and dependent states
188
81
189
82
195
Equal and unequal treaties
196
Treaties of confederation and association
197
Treaties of amity or friendship
198
CHAPTER IX
200
Modern classification
202
Ambassadors legates and nuncios
203
Ministers and ministers resident
204
Chargés daffaires
205
Messengers and couriers
206
Domestics and servants
207
General immunities of public ministers
209
Exemption from local jurisdiction
210
In case of plotting against local government
211
In case of owing allegiance 213
213
In case of voluntary submission to local jurisdiction
214
Extent of such civil jurisdiction
215
Extent of such criminal jurisdiction
217
Justice as a source and test
218
Their dependents how punished
220
Of Consuls and Commercial Agents
224
84
234
Origin of the institution of consuls
239
Origin of difference of powers
256
Same system extended to China
257
Act of parliament
258
Treaty between France and China
259
French laws and regulations
260
Treaty between the United States and China
261
Remarks of United States commissioner on this treaty
262
Act of congress for carrying it into effect
263
Decree of United States commissioner in China
265
Controversies between subjects of foreign states in China
266
Mr Cushings opinion on this subject
267
CHAPTER XI
270
Acts of private citizens
274
If such acts be ratified
275
Pretended emigration and expatriation
277
Duties of mutual respect
278
Failure in respect not always an insult
279
Right to trade
280
Declining commercial intercourse
281
Imperfect duties
282
Duties of humanity
285
Each one to determine whether it will grant them
286
Rule and measure of such offices
287
CHAPTER XII
289
Amicable accommodation
291
Rejection of offers of mediation
292
Arbitration
294
Retortion
295
Retaliation
296
Nature of reprisals
297
General and special reprisals
298
Positive and negative reprisals
299
Seizure of the thing in dispute
300
Reprisals upon persons
301
Seizure and punishment of the individuals offending
302
Case of McLeod
303
Opinion of Mr Webster
304
The New York decision not authority
305
Opinions of European publicists
306
General effect of reprisals seizures and embargoes
307
Sir William Scotts opinion of the embargoes of 1803
308
CHAPTER XIII
311
Dr Waylands objection that war is forbidden by the bible
321
CHAPTER XIV
328
By historians
330
Wars of insurrection and revolution
331
Wars of opinion
332
National wars
333
Wars of intervention
334
For the preservation of the balance of power 335
335
Historical examples
336
Treaty of Paris and congress of Vienna in 1814 and 1815
337
British views of armed intervention
338
By invitation of the contending parties
339
To stay the effusion of blood
340
Public wars
343
Mixed wars 344
344
Perfect and imperfect wars
345
Effect of subsequent ratification
346
Lawful and unlawful wars
347
Individual liability for acts of hostility
348
CHAPTER XV
350
Modern practice of unilateral declaration
352
When this may be dispensed with
354
Conditional declaration
355
United States Constitution on suspension of writ of habeas corpus
375
CHAPTER XVI
381
Implements of war
398
Use of poisoned weapons
399
Assassination of an enemy
400
Surprises
401
Stratagems
402
Use of a false flag at sea
404
Deceitful intelligence
405
Employment of spies
406
Cases of Hale and André
407
Rewarding traitors
409
Intestine divisions of enemys subjects
410
CHAPTER XVII
411
86
425
Purchase by neutral governments
446
If neutral consignor become an enemy during voyage
470
88
477
Laws of different states
489
Decisions of French prize courts
490
Exemption of vessels of discovery
492
Of fishing boats
493
In cases of shipwreck etc
494
CHAPTER XXI
496
Share of partner in neutral house
506
Transfer of ships
507
Trade by resident or domiciled stranger
508
91
509
Possessions and colonies of the enemy
511
Rule of insurance
512
CHAPTER XXII
513
Qualified neutrality
514
Advantages and resulting duties of neutrality
516
Hostilities not allowed within neutral jurisdiction
517
Pretended exception to inviolability of neutral territory
519
Opinions of European and American publicists
520
Belligerent vessels in neutral ports
522
Presumptive right of entry
523
Belligerent ships and troops in neutral ports and territory
524
Loans of money by neutrals
526
Passage over neutral waters
527
Municipal laws in favor of neutrality
528
92
529
Protection of neutral inviolability
530
Claim for restitution
531
Power and jurisdiction of federal courts
532
Purchasers in foreign ports
533
CHAPTER XXIII
535
CHAPTER XXIV
569
Return voyage
574
If not contraband at time of seizure
575
Destination need not be immediate to enemys port
576
Differences of opinion among textwriters
577
Of modern publicists
578
Ancient treaties and ordinances
580
Modern treaties and ordinances
581
Conflicting decisions of prize courts
582
There is no fixed universal rule
583
Manufactured articles
584
Intended use deduced from destination
586
Provisions
587
Preemption
588
British rule of preëmption
589
Insurance on articles contraband of war
590
CHAPTER XXV
592
Visitation and search in time of war
606
English views as to extent of this right
607
Limitations imposed by continental publicists
608
Force may be used in the exercise of this right
609
But must be exercised in a lawful manner
610
Penalty for contravention of this right
611
English decision as to effect of convoy
612
Merchant ships under their convoy
613
Treaties respecting neutral convoy
614
Opinions of publicists
615
Neutral vessels under enemys convoy
617
Resistance of master on cargo
620
Neutral property in armed enemy vessel
621
Concealment of papers
623
Use of false papers
624
Impressment of seamen from neutral vessels
625
American rule as defined by Webster
626
CHAPTER XXVI
628
Violation of neutral duty by a state
629
By individuals
630
Criminal character of such violations
631
Opinions of publicists
632
Neutral goods in enemy ships
633
Maxims of free ships free goods and enemy ships enemy goods
634
These maxims in the United States
635
Treaties and ordinances
636
France and England in 1854
637
Congress of Paris in 1856
638
Rule of evidence with respect to neutral goods in enemy ships
639
Neutral goods in such vessel
640
Transporting military persons
642
Engaging in enemys commerce exclusively national
644
Rule of 1756 and rule of 1793
645
Distinction between them
647
Application of the rule of 1793 to continuity of voyage
648
General result of discussions
649
Views of American government
650
Change of British colonial policy
651
CHAPTER XXVII
652
Capitulations
660
Individual promises
662
Passports and safe conducts
663
When and how revoked
664
Their violation how punished
665
Cartels for prisoners
666
Cartel ships
667
Their rights and duties
668
Ransom of captured property
670
Ransom bill
671
Recapture of ransomed vessel and ransom bill
672
Flags of truce
674
CHAPTER XXVIII
675
Character of the vessel
682
Change of national character during voyage
683
Quantity and quality of goods
684
License to alien enemy
685
If it cannot be landed
686
Course of voyage
687
Condition to call for convoy
688
License does not act retrospectively
689
Effect of alteration
690
CHAPTER XXIX
691
Evidence to repel this presumption
708
Other public officers
709
A wife minor student and servant
710
A soldier prisoner exile and fugitive
711
Effect of municipal laws on domicil
712
Of treaties and customary law
713
Temporary residence for collection of debts
714
Native character easily reverts
715
Leaving and returning to native country
716
Belligerent subjects during war
717
Effect of military occupation
718
Of complete conquest
719
Of a particular trade
720
This differs from domicil
721
National character of ships and goods
722
Of captures generally
724
Of maritime captures
725
To whose benefit they enure
727
Where prizes must be taken
729
Constructive captures by public vessels of war
730
When actual sight is not necessary
731
Antecedent and subsequent services
732
Mere association not sufficient
733
Vessels detached from fleet
734
By public ships of allies
735
Constructive captures not allowed to privateers
736
Revenue cutters under letters of marque
737
By prize masters
738
Public vessels of war and privateers etc
739
Distribution of prize to joint captors
740
Collusive captures
741
Forfeiture of claims to prize 742
742
Liability of captors for damages and costs
743
Of commanders of fleets and vessels
745
Of owners of privateers
746
CHAPTER XXXI
748
Extent of jurisdiction
758
Cases of England and Prussia in 1753 and the United States and Den
764
Character of proceedings of proofs etc
770
Change of ownership of private property during military occupation
775
Of the conqueror
793
Right of revolution
795
Punishing military insurrections
796
Historical examples
797
Alienations of territory occupied by an enemy
798
Alienations made in anticipation of conquest
799
Private grants so made
800
Transfer of territory to neutrals
801
Effect of military occupation on incorporeal rights
803
Debts due to the government of the territory occupied
804
If former government be restored
805
Examples from ancient history
806
Examples from modern history
807
CHAPTER XXXIII
810
English law on this subject
822
American decisions
823
Laws of the conquered territory
824
Conquered territory under British laws
825
Under the United States
827
Laws of conquered state how affected by the new sovereignty
829
CHAPTER XXXIV
844
Power to make war does not necessarily imply that to make peace
845
Laws of different states
846
Power of a prisoner of war to treat
847
Alienation of territory and private property
848
Duty of compensation
849
General character and effects of such treaty
850
Implied amnesty
851
New grievances from same cause
852
Claims unconnected with causes of the war
853
Treaties of peace bind the whole state
854
When obligations commence
855
Upon individuals
856
Constructive and actual knowledge of peace
858
Recaptures after treaty of peace
859
Unpaid military contributions
860
Effect of coercion on validity of treaty
861
Effect of peace on former treaties
862
Delays etc in carrying treaty into effect
863
War for new cause or for breach of treaty of peace
864
Rights of Postliminy and Recapture
865
98
880
CHAPTER XXXVI
893

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