§ 28. Custom and free assent alike sources of international law. Thus moral

§ 32.

Minor differences in the views of different nations concerning it.

§ 33.

Uncertainty and want of authority in international law.

§ 34. Importance of the history of international law.

§ 35. Method pursued in this work.

PART I.

THE ESSENTIAL POWERS OF STATES, AND THEIR RIGHTS AND OBLI-
GATIONS, ESPECIALLY IN A STATE OF PEACE.

CHAPTER I.

RIGHTS OF STATES AS INDEPENDENT SOVEREIGNTIES.

FERENCE AND ITS EXCEPTIONS.

§ 36. A state, what? Pirates no state.

RULE OF NON-INTER-

§ 37. Essential attributes of a state. Sovereignty, independence, equality, all

included in sovereignty. May be parted with by confederated, and by

protected states.

§ 38.

Obligations not affected by change of government.

§ 39. All forms of government legitimate in the view of international law.

§ 40. It knows only governments de facto.

§ 41. Assistance to provinces in revolt unlawful, but aid to another state against

rebellion lawful.

§ 42. Non-interference the rule, but with exceptions. Interference when justified.

§ 43. Interference to preserve the balance of power.

§ 44. Historical illustrations of such interference.

§ 45. Interference to prevent revolutions.

§ 46. Instances of such interference in the French revolution. The holy alliance.

Congress of Troppau-Laybach. Congress of Verona.

§ 47. The Monroe doctrine.

§ 48. Results of an attempt to establish a law of interference in the internal affairs

of states.

§ 49. Interference in the Belgic revolution of 1830.

§ 50. Interference on the score of religion and humanity.

§ 51. Equality of states. Their rank. Existing rules of rank. These distinc

tions fading out.

CHAPTER II.

TERRITORIAL RIGHTS OF STATES AND RIGHTS OF PROPERTY. STRICT RIGHT RENOUNCED
IN THE USE OF NAVIGABLE WATERS.

§ 54.

What is included in territory. Are vessels on the sea territory.

§ 55.

Freedom of the high seas and of fishery there. Fishery question between

Great Britain and the United States, until its settlement by the treaty of

1854.

§ 56.

§ 57.

Claim of exclusive control over certain waters. 1. Bays. 2. Gulfs.

3. Straits and inland seas. The Danish straits. The Black Sea and its en-

trance.

§ 58. 4. Rights over river navigation. Rules of Congress of Vienna. The Rhine.

The Scheldt. The Danube by the treaty of Paris. The Mississippi. The

St. Lawrence. The La Plata system of rivers.

CHAPTER III.

RIGHTS OF INTERCOURSE. RELATIONS OF FOREIGNERS WITHIN A TERRITORY OF TH

STATE.

§ 59. Intercourse of states, how far a right. What a state may not do respecting

intercourse.

§ 60. What a state may do.

§ 61. Individual aliens entitled to protection. Right of asylum, of innocent pas-

sage, of emigration.

§ 62. Relations of aliens to the laws, and their condition.

§ 63.

Progress of comity and humanity towards aliens illustrated. Droit d'au-

baine.

§ 64. Exterritoriality, its limits as to sovereigns, ships of war, armies in transit,

vessels in French harbors. Treatment of vessels driven into foreign

waters out of their course.

Exemptions to foreigners in certain eastern countries.

§ 65.

§ 66.

Aliens parting with the character of aliens. Naturalization. Rules of sev-

eral nations as it respects naturalization.

§ 67. Domicile, what?

§ 68. Conflict of laws as to a particular person.

§ 69.

Private international law, what? Its growth. Its leading rules show ten-

dency of nations to similar principles of law.

§ 70. Its leading rules. 1. As to personal capacity. Exceptions on political,

moral, and religious grounds.

§ 71. 2. As to rights of property.

Use of courts, how far allowed to strangers. Suits against foreigners.

Proofs. Rogatory commissions.

§ 73.

§ 74.

5.

As to family rights.

§ 75.

§ 76.

877.

§ 78.

§ 79.

Effects of foreign judgments.

Crimes committed abroad may come under two jurisdictions.

Extradition.

§ 80. International copy and patent right.

§ 81. Appendix. Case of Martin Koszta.

CHAPTER IV.

THE FORMS AND AGENTS OF INTERNATIONAL INTERCOURSE.

SECTION I.—The Forms of Intercourse, or International Courtesy.

§ 82. General comity between nations.

§ 83. Respect for the reputation of another state. The Hülsemann affair.

Treatment of foreign sovereigns, etc. Ceremonial of Courts. Diplomatic

correspondence of states.

§ 84.

§ 85. Ceremonial of the sea.

Forms of politeness there.

§ 86. Disputes in Cent. XVII., concerning ceremonies at sea.

SECTION II.-The Agents in the Intercourse of Nations; or Ambassadors and
Consuls.

§ 87. Persons appointed to manage the intercourse between nations.

§ 88. Origin of the privilege of ambassadors.

§ 89. Temporary and resident ambassadors.

§ 90. Is there any obligation to receive ambassadors ?

§ 91. Right of sending ambassadors.

§ 92a. Privileges of ambassadors.

1. Their inviolability.

2. Their exterritoriality, as (1.) immunity from criminal, (2.) from civil ju-

risdiction.

§ 926. (3.) Immunity of their hotel and goods-without right of asylum for crimi-
nals. (4.) Immunity from imposts to a certain extent.

§ 92c. (5.) Freedom of private worship.

§ 92d. (6.) Privileges of ambassador's family and train.

(7.) His power over his suite.

§ 92e. Limits of his immunity,-ambassador engaging in trade-committing great

crimes.

§ 93. Relations of an ambassador to a third power.

§ 94. Rank of ambassadors,-ceremonial,-termination of their mission.

§ 95. Consuls. Origin of the consular office. Consuls of the middle ages.

§ 96. Functions of consuls. Their jurisdiction out of Christendom. Their privi-

leges and status. Their privileges in non-Christian countries. Who can

serve as consuls.

CHAPTER V.

OF THE RIGHT OF CONTRACT, OR OF TREATIES BETWEEN STATES.

§ 97. Of contract in general, especially between states. With whom can states

make contracts?

§ 98. What treaties are lawful?

§ 99. Treaties made by a limited sovereign.

§ 100. Treaties procured by fraud falsehood or force, not binding.

§ 101. Treaties to do an unlawful thing, not binding.

§ 102. Kinds of treaties.

§ 103. Treaties of alliance.

§ 104. Treaties of confederation.

§ 105. Treaties of guaranty. Guaranties of treaties. Origin of guaranties to

treaties.

§ 106. Other modes of confirming the faith of treaties. Hostages. Pledges.

§ 107. When do treaties begin to be binding?

§ 108. Violation of treaties.

§ 109. Interpretation of treaties. Repugnant clauses and conflicting treaties.

PART II.

INTERNATIONAL LAW AND USAGE IN A STATE OF WAR.

CHAPTER I.

OF A NATION'S RIGHT OF SELF-DEFENCE AND REDRESS OF INJURIES, OR OF WAR,

CAPTURE, AND TREATIES OF PEACE.

SECTION I.-Of War.

§ 110. Of war in general.

§ 111. War and just war, what? Who is to judge of its justice? Are nations

bound to resort to arbitration? Ought an ally to judge?

§ 112. Rightfulness of war. For what may war be undertaken ?

§ 113. Defensive and offensive war.

§ 114. Measures for redress falling short of war. 1. Embargo. Hostile embargo.

2. Retorsion. 3. Reprisals. Greek and Roman, mediæval and modern

usage as to reprisals.

§ 115. Commencement of war. Declaration. Greek and Roman practice. Media-

val practice. Modern. Reasons for the modern usage.

§ 116. What notice of a state of war ought to be given?

§ 117. Effects of war. Non-intercourse with the enemy. License to trade.

§ 118. Enemy's property within a belligerent country.

§ 119. Have all in each hostile state a right to wage war?

§ 120. Treatment of enemy's property on land and sea compared.

§ 121. Forces employed in war, especially on the sea.

Privateers.

§ 122. Evils of privateering. Testimony to these evils. Endeavors to stop it by

treaty. Declaration of Paris, 1856. Attitude of the United States.

§ 123. Restrictions on privateering to prevent its evils.

SECTION II.-Laws and Usages of War, especially on Land.

§ 124. Laws and usages of war somewhat vague, yet improving. Causes of this

amelioration.

§ 125. Fundamental rules of war.

§ 126. Retaliation.

§ 127. Special rules (1.) as to weapons and ways of injuring an enemy's person.

(2.) Allowable weapons in war. (3.) Breach of faith. Solicitations to

crime.

§ 128. (4.) Treatment of captured persons, especially of soldiers. (5.) Treatment

of irregular troops.

§ 129. (6.) Non-combatants and their property. Usages of the Romans, of the mid-
dle ages, etc., of the thirty years' war, of the time of Louis XIV., of

Frederick the Great, and the English in the American war, of Napoleon.

§ 130. Summing up.

§ 131. (7.) Public property.

§ 132. (8.) Sieges and storms of forts and towns.

§ 133. Laws of war on the sea.

§ 134. Commercia belli.

§ 135. Spies.

SECTION III.-Of Civil Wars, Wars with Savages, Piracy, and the Slave-trade.

§ 136. Civil wars. Wars with savages.

§ 137. Pirates and their treatment.

§ 138. Is the slave-trade piracy?

SECTION IV.—Of Capture and Recapture, Occupation and Recovery of Territory.

§ 139. Capture in general, especially from enemies.

§ 140. Property in prizes how and when begun ?