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The resolution under which I have acted directs that the work should be printed under my "editorial supervision." This I have construed as giving me such editorial control over the material in my hands as would enable me to present it faithfully and effectively to the public eye. So far as concerns the authoritative documents open to me, my method of treatment has been simple. I have carefully searched all the records of the Department in which are contained its diplomatic correspondence, and the official reports of Secretaries, and I have copied therefrom all passages relative to international law. When these passages were not affirmations of prior rulings, I have entered them in full; when they were such affirmations, I have noted them as such, or I have given specifically the points they decide. The same course I have taken in respect to Presidents' messages relative to international law. Of the opinions of the Attorneys-General and of Federal courts I have generally given only abstracts, considering these to be merely auxiliary to the main object of the work.

In the pamphlet presented by me to Congress in March last, I gave an analysis of the work as projected. This analysis being before the committees of the Senate and House, to whom the matter was referred, and being the basis of their reports recommending publication, has been considered by me as so far approved as to make it my duty to retain it, with such slight modifications as became subsequently requisite.

There will be little difficulty, I apprehend, in mastering the plan of the work, when it is observed that in each successive head of the analysis the material is arranged as follows:

(1) Messages of Presidents and documents emanating from Secretaries of State, in chronological order.

(2) Opinions of Federal courts, in chronological order.

(3) Opinions of Attorneys General, in chronological order.

When, however, the topic is exclusively of a judicial character, I have placed the opinions of the courts in the front rank.

In order to distinguish rulings of the three classes just mentioned, I have given them in type of long primer leaded.

Unofficial opinions of leading statesmen, and opinions of text-writers, I have placed in the same type, solid, inclosed in quotation marks. In the latter type, not in quotation marks, are given my own editorial comments.

Material of a secondary character, introduced by way of illustration, is placed in brevier.

NOVEMBER 20, 1886.

F. W.

IX

PREFACE TO SECOND EDITION.

The present (second) edition of this work is printed in obedience to the following resolution of Congress, adopted March 3, 1887:

Resolved by the Senate (the House of Representatives concurring), That 4,000 additional copies of Wharton's Digest of International Law be printed and bound; of which 1,000 copies shall be for the use of the Senate, 2,000 copies for the use of the House, and 1,000 copies for the use of the Department of State.

In the preparation of this edition I have corrected a number of errors of the press in the plates, and I have added an appendix, which incorporates the following material:

(1) Diplomatic papers inadvertently omitted in the first edition.

(2) Extracts, relative to the Treaty of Peace of 1782-'83, from the Franklin papers, now on deposit in the Department of State, with notes thereon.

(3) Documents emanating from the Department since the prior edition went to press, and opinions of counsel as to some of the questions therein raised.

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TABLE or residents AND SECRETARIES OF STATE, WITH THE DATES OF THE COMMENCEMENT OF THE TERMS OF EACH, FROM 1789 TO 1885.

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GEORGE WASHINGTON........ 1789, Apr. 30|| TOMAS JEFFERSON

1789, Sept. 26

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LIST OF AUTHORITIES REFERRED TO.

ABBOTT. On merchant ships and shipping. (11th ed.)
ABEGG. Ueber die Bestrafung der im Auslande begangenen Verbrechen. 1819.
ABREU Y BERTODANO, F. J. DE.

Tratado juridico-politico sobre pressas de mar y
calidades que deben concurrir para hacerse legit-
amamente el corso. Cadiz, 1746.

ADAMS, J. The works of, with the life of the author, by C. F. Adams. Boston, 1856. Life, by John T. Morse, jr. Boston, 1885

ADAMS, J. Q. Memoirs, comprising portions of his diary from 1795 to 1848, edited by by C. F. Adams. Philadelphia, 1874–77.

AHRENS.

The duplicate letters; the Fisheries and the Mississippi. Washington, 1822.

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ALBANY LAW JOURNAL. Articles on international law.

ALCORTA. Tratado de derecho internacional. Buenos Ayres, 1878.

ALIEN CLAIMS against Government, law of. Washington, Government Printing

Office, 1875.

ALISON, A. History of Europe during the French Revolution. (8th ed.) 1853.

AMERICAN LAW REVIEW. Articles on international law.

AMERICAN STATE PAPERS.

Foreign Relations, 1789-1828. 6 vols. Folio.
Miscellaneous.

(Wait's edition, see WAIT.)

AMOS, S. Lectures on international law. London, Stevens & Sons, 1874.
Political and legal remedies for war. New York, 1880.

ANNALS OF CONGRESS. 1854 ff.

ANNUAIRE DES DEUX MONDES. Articles relative to international law.
ANNUAIRE DE L'Institut de droit InterNATIONAL. Gand, 1877-85.

ANNUAL REGISTER. The London, 1758.

ARCHIVS DIPLOMATIQUES. Paris, 1861 ff.

ATTORNEYS-GENERAL, Opinions of the. 16 vols., 1852–81.

ATLANTIC MAGAZINE. Article by Mr. Bolles on Confederate Navy. (See Index.) AUSTIN. Province of jurisprudence determined. 1832.

AZUNI. Système universel de principes du droit maritime de l'Europe; traduit de

l'Italien, par J. M. Digeon. 1790.

BANCROFT, GEORGE. History of the United States, etc.
History of the Formation of the
States. 1 vol. 1886.

BAR, L. VON. Das internationale Privat und Strafrecht.

Boston, 1866.

Constitution of the United

Hanover, 1862.

(See also the same translated, with notes, by G. R. Gillespie. Edinburgh, 1883.)

Ueber die internationale Anwendung des Strafgesetzes. 28 Gerichtssaal.

Interprétations divergentes du traité d'extradition de 1842 entre l'Angleterre et les États-Unis. Revue de droit int., ix, 5.

BEMIS, G. American neutrality. Boston, 1866.

BENTON, T. H.

Thirty years in the Senate. 2 vols. 1854-'56.

Debates in Congress from 1789 to 1856. 15 vols. New York, 1857.

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