ABERDEEN, Earl of, on the right of search, § 200.
Adams, J. Q., on the Monroe doctrine, § 47; negotiations on suppressing the slave- trade, § 198.
Admiralty, English, its doctrine on notice of blockade, § 187.
Agents of intercourse, § 87, et seq. See Ambassadors, Consuls.
Aix-la-Chapelle. See Congress.
Albericus Gentilis, app. i. § 92 e.
Alexander VI., Pope, his grant to Spain, § 53.
Aliens to be protected, § 61; their right of asylum, ibid.; of innocent passage, ibid.; their relation to the laws, § 62; increase of humane feeling toward them illus- trated, § 63; may lose the character of aliens, § 66. (See Naturalization.) Suits against, in foreign courts, § 76; how far they may sue in foreign courts, ibid.; in a country at war with their own, § 118; their property there, ibid. Alliance, triple, app. ii., 1668; grand, ibid., 1701. See Peace of Utrecht, triple, ibid., 1717; quadruple, ibid., 1718; holy, ibid., 1815, § 46. See also Treaty. Alternat, § 94.
Amalfi, sea laws of, p. 37.
Ambassador, general term, § 87; also indicates one kind of agent, ibid., and § 94 ; kinds of, § 87; derivation of the term, ibid.; origin of the privileges of, § 88; tem- porary and resident, § 89; importance of the latter, ibid.; obligation to receive, considered, § 90; what ambassadors may a nation refuse to receive, ibid.; who has the right of sending, § 91; deputies from protected states and towns, not ibid.; a subject representing a foreign state as a, ibid.; female a, ibid.; note. Pope's nuncios nominated in some Catholic states, ibid.; may represent several courts, or one court in several states, ibid., end; credentials of, § 91; and privileges of, § 92 a, et seq.; inviolability and exterritoriality of, ibid. (see those words for his special powers); houses provided for, § 92 b, note; limits of privileges of, § 92 e; history of treatment of, esp. in England before Queen Anne's reign, ibid.; relations to third powers, § 93; rank of, § 94; recall of, ibid.; formalities and occasions of recall, ibid.; full power of ambassadors, its import, § 107; ambassa- dors cannot sit as judge of captures, § 141; case of the British ambassador in the United States in 1856, § 166.
Amistad, case of the, § 138. Amnesty implied in peace, § 153.
Armed neutrality, § 155; first in 1780, app. ii., § 174; second in 1800, app. ii., § 191.
Armistice. See Truce.
Athens. See Greece.
Aubaine, droit de, § 63.
Austria acquires the Spanish Netherlands by treaty of Rastadt, app. ii., 1714; also, Naples, Milan, Sardinia, ibid.; exchanges Sardinia for Sicily with Savoy, ibid., 1718; pragmatic sanction, ibid., 1735; acquisitions by peace of Passarowitz, ibid., 1721; acquisitions in Poland, ibid., 1772, 1773; cedes Netherlands to France, ibid., 1797; humiliation in 1805, 1809, ibid.; naturalization in, § 66; proceed- ings in Koszta's case, § 81; in Mr. Hülsemann's case, § 83. Ayala Balthazar, app. i.
BALANCE of power; meaning of the phrase, § 43; Europe a loose confederation, ibid.; interference for the balance of power known to the Greeks, § 44; to me- diæval Europe, ibid.; applied against the house of Hapsburg, ibid.; against Louis XIV., ibid.; since, ibid.
Barbary powers form states, § 36; and are not pirates, § 137.
Belgium, its union with Holland, app. ii., 1814; disruption, § 49; interference of great powers in the dispute, ibid.; is made neutral territory, ibid., and § 155. Belleisle, Marshall, case of, § 93.
Bentham, J., §§ 9, 206.
Berlin decree, § 189.
Bernard (Montague), on the rules of war, § 127, et seq., passim.
Black Sea, the, free to commerce only, § 57; history of negotiations concerning, ibid. Blackstone cited, § 29; Stewart's note on, § 141.
Blockade, §§ 186–189; what? § 186; what places are subject to, ibid.; why a breach of unlawful, ibid.; what is a valid, ibid.; blockading force often settled by conventional law, ibid.; paper or cabinet blockades unlawful, ibid.; evidence of, § 187; what is due notice of, ibid.; treaty stipulations concerning, ibid.; must be made known to neutral governments, ibid.; difference of practice as to notice, ibid.; notice to vessels from a distance, ibid.; discontinuance of, ibid.; penalty for breach of, § 188; duration of liability to penalty, ibid.; attempts to stretch blockade, § 189; history of, ibid.
Brandschatz (German), § 133, note.
Bundesstaat and Staatenbund (German), § 104.
Bynkershoek, Cornelius Van, §§ 54, 85, 86, 89, 91, 92 a, 92 b, 92 d, bis, 92 e, 93, 96, 107, 118, 127, 137, 140, 143, note, bis, 145, 146, 156, 176, 181, 183. App. i.
CESAR'S Gallic war, § 87.
Calhoun, J. C., on the Monroe doctrine, § 47.
Capacity, personal, determined by the law of the domicil, § 70, et seq.
Capture, § 139, et seq.; of private property still allowed on the sea, ibid. See Neutral Trade, Prize.
Capitulations, § 146.
Caroline, case of, § 164, note.
Carrying despatches of enemy, highly criminal for neutrals, § 184.
Ceremonial of the sea, § 85; of courts, §§ 84, 94.
Challenges, mediæval, § 115.
Chevalier, Michael, § 118, note.
China exempts occidental residents from its jurisdiction, § 65.
Chivalry, its influence on international law, § 8.
Christianity, its influence on international law, §§ 7, 8.
Cicero de officiis, § 115.
Coalition against France (1793), app. ii.; (1798), ibid.; (1804), ibid.; (1813), ibid. Cocceii, H. de, § 181.
Coke, Sir Edward, his institutes, § 8, note; §§ 89, 92 e.
Comity, § 24; what it includes, ibid.; the foundation of private international law,
§ 69; comity or courtesy, § 82, et seq.
Commercia belli, § 134.
Confederation, treaties of, § 104; of the Rhine, app. ii., 1806.
Conference of London (1832), app. ii.
Conflict of laws. See Private International Law.
Congress of Cambray, app. ii., 1718; Rastadt, ibid., 1797, under peace of Campo Formio; Vienna, ibid., 1814, §§ 58, 94, 155; Aix-la-Chapelle, §§ 46, 94; Trop- pau-Laybach, § 46; Verona, ibid.
Conquest, right of, considered, § 21. Consolato del mare, § 173, app. i.
Consuls, origin, § 95; functions, § 96; jurisdiction, especially outside of Christen- dom, ibid.; privileges and status, ibid.; are often natives of the country where they live, ibid.
Contraband, §§ 178–183; articles forbidden to be exported by Roman law, § 178; justice of the rule of contraband, ibid.; rule of, to be executed by belligerents, ibid.; ought neutral states to allow such a trade, ibid., note; fluctuating views concerning, § 179; articles generally so regarded, ibid.; horses, unwrought metal, coined money, their quality, ibid.; naval stores, provisions, ibid.; ships ready- made, ibid., note; lists of contraband in treaties, ibid.; nothing contraband merely by the dictum of a belligerent, § 180; occasional contraband, ibid.; its justice, § 181; English rule concerning provisions, § 182. (See Preëmption.) Penalty for contraband, § 183; treaty modifying penalty, ibid. Contrabannum, § 178.
Contract, right of. See Treaty.
Convention of Ackerman, app. ii. (1826); convention of 1824 concerning search, § 198; amended by Senate of United States, ibid.; rejected by Great Britain, ibid. Convoy, § 191; history of, ibid.; justice of the claim, § 192; neutrals under bel- ligerent convoy, § 193.
Copy and patent right, international, § 80.
Cotton, Sir Robert; his opinion on right of ambassadors, § 92 e.
Courtesy, international, § 82, et seq.
Courts, foreign; how far are aliens allowed to use them, § 76; suits against aliens in, ibid.
Creole, case of the, § 70.
Crimean war, § 118; treatment of Russian fishermen in, § 170; rules of England and France toward neutral trade in, § 175.
Crimes committed abroad, punished at home by some nations, § 78; committed by foreigners, escaping, §§ 78, 79.
Custom, a source of international law, § 28.
DAMM, sea laws of, app. i.
Danish Straits, sound dues in, history of the claim to, § 57; now extinguished by money payments of other states, ibid.
Danube, free for navigation after Crimean war, § 58.
Declaration of Pilnitz, § 46, app. ii., 1791.
Declaration of war necessary in Greece and Rome, § 115; in middle ages, ibid.;
but not in modern times, ibid.; why? ibid.
Decree of the Reichsdeputation (1803), app. ii.
Demosthenes, c. Aristocrat. on restoring exiles, cited, § 79, note.
Denmark, concessions to Sweden, app. ii., 1660; its gains from Sweden, ibid., 1721; gives up Norway, ibid., 1814, § 38; the sound dues of, § 57; a party to the first armed neutrality, § 174; to the second, § 191; dispute with the United States on belligerent convoy, § 193; difficulties in Holstein and Schleswig, app. ii., 1851. Dionysius of Halicarnassus on secret warfare, cited, § 127, note.
Discovery, claim from, examined, § 53.
Dispensing power of the Pope. See Pope.
Divisions of international law; Vattel's faulty, § 26; Wheaton's, ibid.; other divis- ions, § 27.
Divorce, regulated by law of the place, § 74; why? ibid.
Domicil, what, § 67; can be changed, ibid.; rules for determining the, ibid.; can there be more than one, ibid.; law of domicil controls as to personal capacity, § 70; important exceptions to this principle, ibid.; concurrence of court of domi- cil in cases of contracts, § 72; as affecting nationality in war, § 168. Ducange, § 95.
Dumont, his collections of treaties, § 106; app. ii., passim. Dutch Republic; its independence acknowledged, cited, app. ii., 1648; its most important treaties, app. ii., passim; loses Negapatam, 1783; Batavian republic becomes a monarchy, 1806; annexed to France, 1810; a kingdom with Belgium under house of Orange, 1814; loses Cape of Good Hope, etc., 1814; separated from Belgium, § 49; disputes with England on the ceremonial of the sea, § 86.
EDINBURGH Review, No. 15, § 122.
Embargo, civil and hostile, § 114; hostile hardly differs from war, ibid. Emigration, right of, § 61.
England acquires New Netherlands, etc., at the peace of Breda, app. ii., 1667; acqui- sitions by peace of Utrecht from France (1713); acquires Gibraltar and Minorca from Spain (1713); adds greatly to her power in America by treaty of Paris (1763); her concessions at peace of Paris and Versailles (1782, 1783); gains Negapatam from Holland (1783); how affected by peace of Amiens, (1802); her
part in the great coalition against Napoleon (1813); her gains by treaties of 1814, 1815; guarantees integrity of Turkey, (1840, 1856); claims over the narrow seas around England, § 56; doctrine of inalienability of allegiance, §§ 66, 202; claims of respect to her flag, § 86; disputes with Holland on that account, ibid. ; law of, to protect ambassadors, 92 e; reprisals by, in the middle ages, § 114; civil wars of Cent. XVII., usages in, § 128; usages of war in modern times, § 129; decisions of courts of, as to ransom contracts, § 142; doctrine as to neutral trade in war, §§ 173, 174; as to occasional contraband, § 181; and as to preëmption, § 182; as to trade opened in war, or rule of 1756, § 185; as to notice of block- ade, § 187; as to blockade of extensive coasts, § 189; orders in council, ibid. ; doctrine as to convoy, § 191; as to search and discussions with United States, SS 196-200.
Equality of sovereign state is equality of rights, § 51; not inconsistent with differ- ences of court rank, ibid.; disputes, especially between France and Spain in re- gard to rank, ibid.; present rules of rank, ibid.; distinctions fading out, ibid.; comp. § 86.
Etiquette. See Equality, Ceremonial, Comity.
Exterritoriality, what, § 64; its limits and application to foreign sovereigns, ibid.; ships of war and armies, ibid. (see below); to vessels driven into foreign harbors, ibid.; to residents from Christian states in oriental countries, § 65; to ambassa- dors, § 92 a, et seq.; its broader and narrower import, ibid.; implies immunity from foreign civil and criminal jurisdiction, ibid.; immunity of hotel and goods, § 92 b; (but hotel of ambassador no asylum for criminals, ibid.); a certain free- dom from imposts, etc., ibid.; liberty of worship, § 92 c; immunity of family and train, § 92 d; but no supreme power over his suite, ibid., e.
Extradition, § 79; not of strict obligation, ibid.; political exiles not delivered up by free countries, ibid.; arrangements of extradition of United States with Eng- land and France, ibid.
FEUDALISM, its influence on international usage, § 8.
Fisheries on the high seas free, § 55; questions between Great Britain and the United States as to, ibid.
Flassan, Histoire de la diplomatie Française, §§ 89, 100, 105, app. i.; Histoire du Congres de Vienne, app. i.
Fœlix (Droit international), §§ 66, 70-78, passim; § 96.
Foreign judgments. See Judgments.
Foreigners. See Aliens.
Forms of politeness on the sea, § 85.
Forum contractus, rules concerning, § 72.
Foster, Sir Michael, on rights of ambassadors, § 92 e.
France, acquisitions by peace of Westphalia (1648); right of succession in Spain, renounced by treaty of Utrecht (1713); abandons the pretender (1697, 1713); acquires Corsica (1768); concession of England to, in 1783; treaties of consular and imperial France, (1795–1815); Droit d'aubaine in, § 63; treatment of foreign commercial vessels by, § 64; naturalization in, § 66; refuses to accede to Eng-
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