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

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H. H. Bancroft, 1861 - International law - 907 pages

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Contents

By the incorporation of several states into one
79
By the rights of others
93
Titles of states and of their rulers
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
Extent of Maritime territory
130
CHAPTER VII
147
Rule of judicial proceeding
153
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
688
188
Treatymaking power of a state
189
CHAPTER IX
200
Extent of jurisdiction
214
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
64
278
Failure in respect not always an insult
279
Right to trade
280
Declining commercial intercourse
281
Imperfect duties
282
Duties of humanity
285
65
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
Opinion of Grotius
317
CHAPTER XIV
328
66
346
Distinction between unlawful and unjust wars
347
On commerce contracts etc
350
68
358
CHAPTER XVI
381
70
382
Implements of war
398
Use of poisoned weapons
399
Assassination of an enemy
400
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
Allies not necessarily associates in a war
413
How distinguished
414
The casus foederis of an alliance
415
Offensive alliances
416
Remarks on character and effect of such alliances
417
Treaties of succor if the war be unjust
418
Subsidy and succor not necessarily causes of war
419
Remarks of Vattel on subsidytreaties
420
CHAPTER XVIII
425
CHAPTER XIX
446
Who may become purchasers
449
Purchase by neutral governments
450
Movable property
451
Public archives
453
Civil structures and monuments
456
Exceptions to rule of exemption
457
Penalty for illegal acts
458
War in the Spanish peninsula
459
Mexican war
460
Remarks on military pillage
461
Property taken on field of battle or in a siege
462
Municipal laws respecting its distribution
463
Useless destruction of enemys property
464
Laying waste a country
465
Rule of moderation
466
Ancient courts of chivalry
467
English law respecting booty
468
Enemys Property on the High Seas 1 Distinction between enemys property on land and on the high seas
471
Unavailable attempts to change present rule
472
Difficulties in its application
473
Rule as to consignee
474
Character of ships and goods how deduced
486
Effect of secret liens 487
487
Documentary proofs of ownership
488
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
Exceptions
498
Cases of attempt to evade it
499
Withdrawal from enemys country at beginning of war
500
Distinction between cases of domicil and mere residence
501
Necessity of a license discussed
502
Decisions in the United States
503
Where order of shipment cannot be countermanded
504
Vessels liable to capture during continuous voyage
505
Share of partner in neutral house
506
Transfer of ships
507
Trade by resident or domiciled stranger
508
Effect of acceptance of a license from the enemy
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
Of Great Britain
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
General law of contraband
540
546
547
554
555
2 All contraband articles to be confiscated
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
Implements and munitions of war
583
Manufactured articles
584
Intended use deduced from destination
586
Provisions
587
Preemption
588
British rule of preemption
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
72
624
Impressment of seamen from neutral vessels
625
American rule as defined by Webster
626
CHAPTER XXVI
628
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
CHAPTER XXXI
748
When jurisdiction may be inquired into
764
Who may appear as claimants
772
CHAPTER XXXIII
810
CHAPTER XXXIV
844
Breach of a treaty of peace
862
Delays etc in carrying treaty into effect
863
War for new cause or for breach of treaty of peace
864
Of allies who are associates in the war
868
Quantum of salvage on recaptures
883
From pirates
890
Guarantees and securities
893

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Common terms and phrases

Popular passages

Page 537 - 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 188 - 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 314 - 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 389 - 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 536 - 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 535 - 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 388 - 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 827 - the term ' property,' as applied to lands, comprehends every species of title, inchoate or complete. It is supposed to embrace those rights which lie in contract; those which are executory; as well as those which are executed. In this respect the relation of the inhabitants to their government is not changed. The new government takes the place of that which has passed away?
Page 523 - That if any person shall, within the territory or jurisdiction of the United States, begin or set on foot, or provide or prepare the means for any military expedition or enterprise...
Page 827 - The modern usage of nations, which has become law, would be 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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