A Digest of the International Law of the United States: Taken from Documents Issued by Presidents and Secretaries of State, and from Decisions of Federal Courts and Opinions of Attorneys-general, Volume 1

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Francis Wharton
U.S. Government Printing Office, 1887 - International law
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Contents

RIVERS 30
81
VI
97
LAKES AND INLAND SEAS 31
99
MARGINAL BELT OF SEA 32
100
CONTINGENT FUND AND SECRET SERVICE MONEY
108
SELFCONSTITUTED MISSIONS ILLEGAL
109
ELIGIBILITY OF
113
APPOINTMENT AND QUALIFYING OF
114
EXEQUATUR
115
DISMISSAL
116
SHIP NATIONALIZED BY FLAG 33
117
VICECONSULS AND CONSULAR AGENTS
118
NOT TO TAKE PART IN POLITICS
119
PRIVILEGE AS TO PROCESS
120
OTHER PRIVILEGES
121
RIGHT TO GIVE ASYLUM AND PROTECTION
122
CRIMES AT SEA SUBJECT TO COUNTRY OF FLAG
123
PORT JURISDICTION OF SEAMEN AND SHIPPING
124
JUDICIAL FUNCTIONS IN SEMICIVILIZED LANDS
125
PORTS OPEN TO ALL NATIONS 34
127
MERCHANT VESSELS SUBJECT TO POLICE LAW OF PORT 35
128
NEGOTIATION
130
RATIFICATION AND APPROVAL 1 As to treaty making power
131
WHEN TREATY GOES INTO EFFECT
132
CONSTRUCTION AND INTERPRETATION
133
FAVORED NATION
134
EFFECT OF
135
NOT SO AS TO PUBLIC SHIPS 36
136
EFFECT OF
137
TREATIES WHEN CONSTITUTIONAL ARE THE SUPREME LAW OF THE LAND BUT MAY BE MUNICIPALLY MODIFIED BY SUBSEQUE...
138
JUDICIARY CANNOT CONTROL EXECUTIVE IN TREATY MAKING
139
OPPRESSIVE PORT EXACTIONS 37
140
2 AustriaHungary
141
3 Barbary Powers 141a 4 Bavaria
142
5 Brazil
143
6 China
144
7 Colombia and New Granada
145
8 Costa Rica and Honduras
146
9 Denmark
147
ARMING MERCHANT VESSELS 39
167
NEUTRALIZED WATERS 40
169
CHAPTER III
171
facie proof of abandonment
179
TERRITORIAL CHANGE
187
DOMICIL
198
CORPORATIONS
207
5 Mediation 49
211
2 A citizen who has voluntarily expatriated him elf cannot claim
216
c Reprisals in war of 1812 348b
220
6 Necessity as where marauders can be checked only by such intervention 50
221
a Amelia Island
222
b Pensacola and Florida posts 50b c Steamboat Caroline
227
d Greytown 50d e Border raiders
229
CLAIMS BASED ON DENIAL OR UNDUE DISCRIMINATION OF JUSTICE
230
EFFECT OF GUARANTEE OF UNDER TREATY
231
7 Explorations in barbarous lands e g the Congo 51
234
LIABILITY FOR PRIOR GOVERNMENT
236
8 Intercession in extreme cases of political offenders 52
237
10 Good offices for missionaries abroad 54
242
PRACTICE AS TO SURRENDER
280
RELATIONS TO PARTICULAR COUNTRIES
292
SPECIAL APPLICATIONS OF DOCTRINE 1 Mexico 58
300
NORTHEAST ATLANTIC FISHERIES
301
TITLE IN INTERNATIONAL
310
I ARBITRATION
316
AS A BELLIGERENT RIGHT
325
VIII
331
APPLICATION OF TO ENEMYS PROPERTY
338
2 Peru 59
340
WHO ARE ENTITLED TO BELLIGERENT RIGHTS
350
WHAT ESSENTIAL
359
3 Cuba 60
362
DUTY OF NEUTRAL AS TO BLOCKADE RUNNING
365
CHAPTER XXI
386
RESTRICTIONS OF NEUTRAL
395
ligence
401
4 San Domingo and Hayti 61
413
5 Danish West Indies
416
Sandwich Islands 62
417
7 Samoa Caroline and other Pacific Islands 63
436
8 Corea 64
442
9 Falkland Islands 65
443
10 Liberia 66
445
11 China 67
447
12 Japan 68
492
RECOGNITION OF BELLIGERENCY 69
511
RECOGNITION OF SOVEREIGNTY 70
523
SUCH RECOGNITION DETERMINABLE BY EXECUTIVE 71
551
ACCRETION NOT COLONIZATION THE POLICY OF THE UNITED STATES 72
553
CHAPTER IV
581
XXXII
582
IMPOSED 83
601
MINISTER MISCONDUCTING HIMSELF MAY BE SENT BACK 81
603
MODE OF PRESENTATION AND TAKING LEAVE 85
612
INCUMBENT CONTINUES UNTIL ARRIVAL OF SUCCESSOR 86
616
HOW FAR DOMESTIC CHANGE OF GOVERNMENT OPERATES TO RECALL 87
618
DIPLOMATIC GRADES 83
620
CITIZENS OF COUNTRY OF RECEPTION NOT ACCEPTABLE 88α XIV DIPLOMATIC CORRESPONDENCE CONFIDENTIAL EXCEPT BY O...
628
PARTMENT 89
631
1 Confined to official business
632
2 Usually in writing 89b XV DIPLOMATIC AGENTS TO ACT UNDER INSTRUCTIONS 90
633
COMMUNICATIONS FROM FOREIGNERS ONLY TO BE RECEIVED THROUGH DIPLOMATIC REPRESENTATIVES 91
635
DIPLOMATIC AGENTS PROTECTED FROM PROCESS 1 Who are so privileged 92
638
2 Illegality of process against 93
644
3 Exemption from criminal prosecution
646
4 What attack on a minister is an international offence
648
AND FROM PERSONAL INDIGNITY 94
649
ΧΙΧ AND FROM TAXES AND IMPOSts 97
651
PROPERTY PROTECTED 96
654
PRIVILEged from testiFYING 98
667
CANNOT BECOME BUSINESS AGENTS 99
670
NOR REPRESENT FOREIGN GOVERNMENTS 100
671
SHOULD RESIDE AT CAPITAL 101
672
DUTIES AS TO ARCHIVES 103
673
RIGHT OF PROTECTION AND ASYLUM 104
675
MAY EXTEND PROTECTION TO CITIZENS OF FRIENDLY COUNTRIES 105
696
10 France
755
a Treaty of 1778 148
775

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Page 566 - The great rule of conduct for us in regard to foreign nations is, in extending our commercial relations, to have with them as little political connection as possible.
Page 271 - Our first and fundamental maxim should be, never to entangle ourselves in the broils of Europe. Our second — never to suffer Europe to intermeddle with cis-Atlantic affairs. America, North and South, has a set of interests distinct from those of Europe, and peculiarly her own. She should therefore have a system of her own, separate and apart from that of Europe, While the last is laboring to become the domicile of despotism, our endeavor should surely be, to make our hemisphere that of freedom.
Page 489 - Chinese subjects, whether proceeding to the United States as teachers, students, merchants or from curiosity, together with their body and household servants, and Chinese laborers who are now in the United States shall be allowed to go and come of their own free will and accord, and shall be accorded all the rights, privileges, immunities, and exemptions which are accorded to the citizens and subjects of the most favored nation.
Page 174 - EUROPE has a set of primary interests, which to us have none, or a very remote relation. Hence she must be engaged in frequent controversies, the causes of which are essentially , foreign to our concerns. Hence, therefore, it must be unwise in us to implicate ourselves by artificial ties, in the ordinary vicissitudes of her politics, or the ordinary combinations and Collisions of her friendships or enmities.
Page 556 - There is on the globe one single spot, the possessor of which is our natural and habitual enemy. It is New Orleans, through which the produce of three-eighths of our territory must pass to market...
Page 275 - In the discussions to which this interest has given rise, and in the arrangements by which they may terminate, the occasion has been judged proper for asserting, as a principle in which the rights and interests of the United States are involved, that the American continents, by the free and independent condition which they have assumed and maintain, are henceforth not to be considered as subjects for future colonization by any European power.
Page 383 - After we shall have offered Spain a price for Cuba far beyond its present value, and this shall have been refused, it will then be time to consider the question, does Cuba, in the possession of Spain, seriously endanger our internal peace and the existence of our cherished Union ? Should this question be answered in the affirmative, then, by every law, human and divine, we shall be justified in, wresting it from Spain if we possess the power...
Page 275 - The citizens of the United States cherish sentiments the most friendly, in favor of the liberty and happiness of their fellow men on that side of the Atlantic. In the wars of the European powers in matters relating to themselves we have never taken any part, nor does it comport with our policy so to do.
Page 271 - Great Britain is the nation which can do us the most harm of any one, or all on earth ; and with her on our side we need not fear the whole world. With her then, we should most sedulously cherish a cordial friendship, and nothing would tend more to knit our affections than to be fighting once more, side by side, in the same cause.
Page 364 - ... it is scarcely possible to resist the conviction that the annexation of Cuba to our federal republic will be indispensable to the continuance and integrity of the Union itself.

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