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

The Conventional law of nations
47
General sources of international law
53
Ordinances and commercial laws of particular states
57
CHAPTER III
63
A real union
69
State sovereignty how lost
76
CHAPTER IV
81
Interference for selfsecurity
88
Such acts are belligerent even when justifiable
96
Titles of states and of their rulers
97
CHAPTER VI
119
Right of disposition of territory
127
Examples of alienation by sale
128
Black sea how far a mareclansum
136
Of other European rivers
143
Law of personal property
149
Droit daubaine and droit de retraction
155
Laws of bankruptcy
160
Over personal property
166
Private vessels in foreign ports
173
Proof of foreign contracts and instruments
179
Conditional reception of a diplomatic agent
185
Exception in cases of truces etc
190
Treaties of confederation and association
197
Testimony of ministers low taken 223
200
Ambassadors legates and nuncios
203
Exemption from local jurisdiction
210
Extent of such criminal jurisdiction
217
Freedom of religious worship
228
In general
229
Termination of public missions 334
235
Can afford no refuge from civil process
239
Are subject to local jurisdiction
243
United States laws respecting foreign consuls
249
Origin of difference of powers
256
Remarks of United States commissioner on this treaty
262
CHAPTER XI
270
Pretended emigration and expatriation
277
Duties of humanity
285
favor of foreigners
289
Amicable accommodation
291
Seizure of the thing in dispute
300
Effect upon individuals
308
CHAPTER XIII
311
CHAPTER XIV
328
By historians
330
Historical examples
336
Public wars
343
CHAPTER XV
350
CHAPTER XVI
381
Use of privateers
391
War in the Spanish peninsula
459
Laying waste a country
465
Unavailable attempts to change present rule
472
CHAPTER XXI
496
Necessity of a license discussed
502
Trade by resident or domiciled stranger
508
Rights and Duties of Neutrals
513
Belligerent vessels in neutral ports
522
Of Great Britain
529
CHAPTER XXIII
535
23 An attempt to enter
553
Disregard of warning
559
Duration of offense
565
Ancient rule that cargo affects the ship
569
If not contraband at time of seizure
575
There is no fixed universal rule
583
British rule of preŽmption
589
Opinions of American publicists
596
Distinction between pirates and slavers
602
English views as to extent of this right
607
Merchant ships under their convoy
613
Neutral property in armed enemy vessel
621
CHAPTER XXVI
628
Rule of evidence with respect to neutral goods in enemy ships
639
Engaging in enemys commerce exclusively national
644
CHAPTER XXVII
652
Capitulations
660
Cartels for prisoners
666
Flags of truce
674
Character of the vessel
682
License does not act retrospectively
689
Belligerent subjects during war
717
Of maritime captures
725
When actual sight is not necessary
731
Revenue cutters under letters of marque
737
Liability of captors for damages and costs
743
Apparent exceptions to rule
748
CHAPTER XXXII
775
Writings of publicists 19
776
Alienations of territory occupied by an enemy
798
Examples from ancient history
806
English law on this subject
822
Laws of conquered state how affected by the new sovereignty
829
Effect of conquest on the property of the state
839
Release of a subjugated state
873
Setting forth as a vessel of war
880
Where original capture was unlawful
888
Guarantees and securities
893
Conditions to make a treaty binding
895
Effect of loss of sovereignty
899
Minute rules of other writers
905

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Page 541 - The neutral flag covers enemy's goods, with the exception of contraband of war ; 3. Neutral goods, with the exception of contraband of war, are not liable to capture under enemy's flag; 4. Blockades, in order to be binding, must be effective ; that is to say, maintained by a force sufficient really to prevent access to the coast of the enemy.
Page 318 - And the soldiers likewise demanded of him, saying, And what shall we do? And he said unto them, Do violence to no man, neither accuse any falsely; and be content with your wages.
Page 192 - But when the terms of the stipulation import a contract, when either of the parties engages to perform a particular act, the treaty addresses itself to the political, not the judicial department; and the legislature must execute the contract before it can become a rule for the Court.
Page 821 - The inhabitants of the territories which His Catholic Majesty cedes to the United States, by this treaty, shall be incorporated in the Union of the United States as soon as may be consistent with the principles of the Federal Constitution, and admitted to the enjoyment of all the privileges, rights, and immunities of the citizens of the United States.
Page 821 - Florida continues to be a Territory of the United States; governed by virtue of that clause in the Constitution which empowers Congress "to make all needful rules and regulations respecting the territory or other property belonging to the United States.
Page 393 - And that the private property of the subjects or citizens of a belligerent on the high seas shall be exempted from seizure by public armed vessels of the other belligerent, except it be contraband.
Page 540 - It is impossible for Her Majesty to forego the exercise of her right of seizing articles contraband of war, and of preventing Neutrals from bearing the Enemy's despatches, and she must maintain the right of a belligerent to prevent Neutrals from breaking any effective blockade which may be established with an adequate force against the Enemy's forts, harbours, or coasts. But Her Majesty will waive the right of seizing Enemy's property laden on board a neutral vessel, unless it be contraband of war.
Page 539 - That, in order to determine what characterizes a blockaded port, that denomination is given only to that where there is, by the disposition of the power which attacks it, with ships stationary or sufficiently near, an evident danger in entering.
Page 392 - Privateering is and remains abolished; 2. The neutral flag covers enemy's goods, with the exception of contraband of war; 3. Neutral goods, with the exception of contraband of war, are not liable to capture under enemy's flag; 4.
Page 835 - ... violated, that sense of justice and of right which is acknowledged and felt by the whole civilized world would be outraged, if private property should be generally confiscated, and private rights annulled. The people change their allegiance, their relation to their ancient sovereign is dissolved, but their relations to each other, and their rights of property, remain undisturbed.

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