The Law of Nations Considered as Independent Political Communities ...

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University Press, 1863

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IO Retorsion
18
Reprisals
20
Embargo
21
Marque and Contremarque
23
The Admiralty Jurisdiction
25
Reprisals consistent with Peace
27
Negative and Positive Reprisals
29
Special and General Reprisals
30
Reprisals against the Two Sicilies in 1839
33
Reprisals not always lawful
35
Reprisals against PersonsThe Duc de Belleisle The Envoys of the Confederate States of America
39
Congress of Paris of 1856
40
CHAPTER II
42
WAR AND ITS CHARACTERISTICS Sect Page 22 War as defined by Grotius
43
munitiesView of Grotius as to Private Warfare
45
Albericus Gentilis
47
War a necessary alternative
49
Lord Bacons view of War
51
Private Peace inconsistent with Public War
52
Lawful recourse to War
54
Offensive and Defensive War
56
Formal Declaration of WarLaw of Germanic Em pire in twelfth centuryLaw of Europe in four teenth century
57
Declaration and Proclamation of War by Heraldsat ArmsLast Declaration of War by a Heraldat Arms in 1657
60
Printed Declarations of WarManifestoes of War to Neutral Nations
62
Recall of Resident Envoys
64
Disuse of Formal Declarations of War
65
Object of Proclamations of War at home
68
Object of Manifestoes to Neutral Powers
69
Opinion of M de Hautefeuille and of Burlamaqui Practice of the United States of America
71
The Status ante bellum ambiguous
73
Unilateral Declaration of War sanctions reciprocal hostilities
75
Recall or Dismissal of Resident EnvoysIgnorance of hostilities on the part of Neutrals
76
Sect Page 42 Effect of War upon individuals
79
Naturalborn and adopted Citizens
82
Inhibition of intercourse with the EnemyRecall of naturalborn Subjects
83
Commissions to carry on hostilities
84
Enemysubjects within the Territory of a Belligerent
86
Obligation of good Faith
89
Ancient Practice of Provisional Embargo
91
Enemysubjects resident in the Territory of a Belligerent
93
Enemysubjects in transituDetention of British Subjects in France by the First Consul in 1803
95
Modern practice not to detain Enemysubjects
98
Debts due to Enemysubjects
100
Chancellor KentVattelBynkershoek
103
Judgment of Lord Ellenborough in Wolff v Oxholm
105
Suspension of Commercial Contracts
108
Debts due by an EnemysovereignThe Silesian Loan The RussianDutch Loan ΙΙΟ
112
Embargo of Enemyproperty afloat in the ports of Belligerent
114
Commencement of War with Russia in 1854
116
Immovable property of Enemies in the Territory of a Belligerent
118
RIGHTS OF A BELLIGERENT WITHIN THE TERRITORY
119
State Papers and Public Archives
128
Property waterborne in an Enemys ports
134
Object of WarEnemys property on the High Seas
140
Distinction of Ship from CargoFrench Règlement
147
Sect Page
149
Sect Page
152
Four systems of Maritime LawThe Natural system
158
Sect Page 163 Exceptions in transactions of good Faith originating in time of Peace 323
163
EnemyCharacter may attach to Places in the
164
Territorial Theory of Hübner Klüber and Martens
166
The Passport or SeaLetterAmbiguity of the Mer
172
Right of Approach
178
Right of Detention for Enquiry
184
Object of a Blockade
191
Sect Page 100 Penalties for the violation of a Blockade
192
Regulated exercise of the Right of Blockade
194
Legal requirements of a binding BlockadeDecla ration of the Congress of Paris
197
Knowledge on the part of the Master of a Vessel dispenses with actual Warning
200
Constructive NoticePublic Notification General Notoriety
202
Fact of a Blockade must accord with the Notification
204
Practice of the French Prize Courts
206
Practice of the United States Prize Courts
208
Violation of a Blockade
209
Equity of British Prize Courts
211
Limited operations of a Blockade
226
Effect of a Blockade on Licenses
227
Effect of Licenses on a Blockade
229
CHAPTER VII
232
Treaty of Southampton of 1625
233
First Proclamation of King Charles ISecond Pro clamation of 1626Earliest Catalogue in extenso of Contraband of War
235
Sect Page Polish EnvoyQueen Elizabeth and the Hanse Towns
239
Usage of Europe in the sixteenth centuryAlbe ricus Gentilis
242
KlüberHeffterEarly Conventions in restraint of Neutral TradePlacaarts of the States General in the sixteenth century
243
Practice of European Powers at the end of the six teenth century
246
Practice of the seventeenth century
248
Doctrine of Grotius as to Contraband of War
249
Treaty of the Pyrenees of 1659
253
Treaty of Whitehall in 1661Treaties of Breda and Madrid in 1677Treaty of St GermainenLaye of 1677
255
Treaty of Whitehall of 1689
258
Opinion of Sir Leoline Jenkins
260
Treaty of Utrecht of 1713
261
British TreatyEngagements
263
Concert of European Nations as to certain articles
266
Bynkershoeks view
267
Vattel
269
French Jurists
270
Practice of British Prize Courts
271
Difficulty of specifying articles conditionally Contra band
273
General doctrine of British Prize Tribunals
275
British Treaty with the United States in 1796
279
Right of PreemptionTreaty of Westminster of 1656Treaty of Whitehall of 1661Treaty of Orebro of 1812
281
Treaty of Upsal of 1654Equity as to Conditional Contraband
286
Belligerents may not interfere with Trade within
294
The Character of Property is not always identical
305
Employment of Neutral Property in the service
312
Treaties of CessionLouisianaTreaty of Tilsit
319
Friendly Character may attach to Places in the oc cupation of an Ally
326
CHAPTER IX
328
Enemies have no locus standi in a Prize Court
330
What is essential to constitute a Capture
331
Form of proceeding in Great Britain to constitute Prize Courts
333
Jurisdiction of Courts to distribute Prize
335
Absolute Control of the Crown over all Captures
339
Recapture subject to the jus postliminii
340
Rule of TwentyFour hours Possession
342
Salvage on RecapturePractice of Great Britain and of the United States of America
344
Practice of France Spain Denmark Sweden and Holland
345
Insurable interest of British Captors
347
Ancient Practice as to Prisoners of War
349
Modern Cartels for the exchange of Prisoners
352
Cartel Ships
354
Ransom of Captures at Sea
355
Ransom Bills
356
Hostages
359
Modern Restraints upon Ransom
360
Joint Captures
363
Distribution of Prize amongst joint Captors
366
Condemnation of Prizes brought into the port of an Ally
368
Sect Page
373
A Commission of War must be on board a Privateer
382
A Privateer may not have two Commissions of
388
Purport of Instructions issued to British Privateers
395
The exercise of the Belligerent Right of Visit
402
Restrictions upon Privateers in Neutral waters
408
Declaration of the Congress of Paris of 1856
422
ment of troops within its Territory 456
424
Views of Wolff and Vattel
428
Exceptional Status of the Merchant on the High Seas
435
The Passage of Belligerents through Neutral Ter
442
Right of a Neutral Power to exclude Privateers
450
ON THE RIGHTS AND DUTIES OF NEUTRAL POWERS
459
Sale of Ships of War by a Neutral Power
466
The Policy of the United States of America as
473
Jurisdiction over Captures in Neutral waters exer
481
Neutral Courts do not entertain the question
487
Neutral Powers do not interpose their jurisdiction
494
Belligerent Right of Capture reconcilable with
504
Privateers under Special Conventions Piratical vessels

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Страница 478 - But there is nothing in our laws, or in the law of nations, that forbids our citizens from sending armed vessels, as well as munitions of war, to foreign ports for sale. It is a commercial adventure which no nation is bound to prohibit, and which only exposes the persons engaged in it to the penalty of confiscation.
Страница 197 - 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.
Страница 201 - And whereas it frequently happens that vessels sail for a port or place belonging to an enemy without knowing that the same is...
Страница 215 - It is intended to suspend the entire commerce of the place, and a neutral is no more at liberty to assist the traffic of exportation than of importation. The utmost that can be allowed to a neutral vessel, is, that having already taken on board a cargo, before the blockade begins, she may be at liberty to retire with it.
Страница 152 - I believe it cannot be doubted, but that by the general law of nations, the goods of a friend found in the vessel of an enemy are free, and the goods of an enemy found in the vessel of a friend are lawful prize.
Страница 229 - States ship, shall be permitted to continue their voyage if on examination of their papers it shall appear that their cargoes were taken on board before the expiration of the above term: Provided, That nothing herein contained shall...
Страница 297 - It was contended on the part of the French nation, in 1796, that neutral governments were bound to restrain their subjects from selling or exporting articles contraband of war to the belligerent powers. But it was successfully shown, on the part of the United States, that neutrals may lawfully sell, at home, to a belligerent purchaser, or carry themselves to the belligerent powers, contraband articles, subject to the right of seizure in transitu.
Страница 334 - ... ships, vessels and goods, that are or shall be taken, and to hear and determine the same ; and, according to the course of Admiralty, and the law of nations...
Страница 478 - The question as to the original illegal armament and outfit of the Independencia may be dismissed in a few words. It is apparent that though equipped as a vessel of war she was sent to Buenos Ayres on a commercial adventure, contraband, indeed, but in no shape violating our laws or our national neutrality.
Страница 293 - And in the same case of one of the contracting parties being engaged in war with any other power, to prevent all the difficulties and misunderstandings that usually arise respecting...

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