Commentaries Upon International Law

What Characteristics it ought to combine. Is an International Right of Action
furnished with Rules between Christian States. All Things are not lawful
in War. Error of Hume and Bynkershoek.

CHAPTER V.

WAR-DECLARATION OF, UNNECESSARY. Pp. 75-102.

On this Point the Authority of Jurists, the Practice of Nations, and the Rea-
son of the Thing considered. Distinction between International Declaration
and Public Proclamation of War. Law of England upon this latter Point.

CHAPTER VI.

HOW WAR AFFECTS THE RELATIONS OF ALL STATES. Pp. 103-136.

Effect of War upon Subjects. Recall of Subjects. Effect of War upon Enemies.
Alien Enemy and Alien Corporation. National Character by Domicil. Debts
of Enemies. Immovable Property.

CHAPTER VII.

WAR-WHO MAY MAKE. Pp. 137-145.

Lawful and unlawful Means of War; Prisoners of War.

CHAPTER VIII.

WAR-INTERCOURSE BETWEEN ENEMIES DURING. Pp. 146-200.

Belli Commercia. What they are. Case of Captain Asgill. Case of Major

André. French Practice at the beginning and at the End of the War of the

French Revolution. Ransom. Cartel. General and particular Conventions.

Truce. Capitulation of Genoa, 1844. Case of the Ships taken at Genoa.

Law of Capitulation respecting the Act of a Commander done upon his own

Responsibility, and without specific Instructions from his Sovereign. Case of

Thorshaven and its Dependencies. International Tribunals. Booty and

Prize. Distribution of Booty. Booty not triable in the court of Law. Case

of Le Caux v. Eden. Practice of East India Company respecting Booty.

Case of General Lord Harris.

CHAPTER IX.

WAR-EFFECT OF, UPON NEUTRALS. Pp. 201-237.

A Neutral State neither Judge nor party. Enlistment of Troops in Neutral
Country. English Foreign Enlistment Act. Debates in Parliament upon.
Bias of Vattel. Neutral may not assist Belligerent by Loans any more
than by Arms. Case of Demetrius de Wütz v. Hendricks. Territory and
Waters of Neutral inviolable. Jus trausitus innoxii considered. Affair of
Terceira, 1828-9. Debates in Parliament. Protest in the Lords.

CHAPTER X.

NEUTRAL RIGHTS AND DUTIES OF. Pp. 238-297.

Doctrine of Free Ships Free Goods, Enemy's Ships Enemy's Goods. Berlin

and Milan Decrees. As to Free Ships Free Goods. Treaties from 1642 to

1713. First Armed Neutrality
of 1780. Second Armed Neutrality, 1800.

Treaties from 1801 to 1854. Waiver of Belligerent Right by England in War

against Russia, 1854. Miscellaneous Points.

CHAPTER XI.

COLONIAL AND COASTING TRADE. RULE OF 1756. Pp. 298-314.

Opinions of Jurists as to. Leading Cases decided in English Prize Court.

PART X.

CHAPTER I.

CONTRABAND. Pp. 315-381.

How far Neutrals may trade with Enemies. Not with Contraband Goods.

What is Contraband?

1. Munitions of War.

2. Sale of, at Home.

3. Articles ancipitis vel promiscui usûs. Commeatus.

4. Doctrine of Preemption.

5. Carrying of Military Persons.

6. Carrying of Despatches.

7. Principal Treaties on the Subject.

CHAPTER II.

BLOCKADE. Pp. 382-416.

1. For what Purpose it may be constituted.

2. Who may constitute it.

3. What constitutes it.

4. What continues it.

5. What vitiates it.

6. How it may be resumed after Discontinuance.

7. Breach of and Consequences.

8. Berlin and Milan Decrees. Orders in Council of 1809. North American

United States' Non-Intercourse Act.

CHAPTER III.

RIGHT OF VISIT AND SEARCH. Pp. 417-448.

1. When it may be exercised.

2. Where.

3. By what Kind of Force.

4. How.

5. Upon what Kind of Property.

6. Consequences of Resistance to.

7. Principal Treaties respecting.

CHAPTER IV.

RIGHT OF CAPTURE-DUTY OF CAPTOR. Pp. 449 485.

1. What may be captured.

2. What constitutes Capture.

3. Where Capture may be made.

4. To whose benefit Capture enures.

5. When it enures.

6. What must be done by the Captor after Capture, and to what Ports cap-

tured Property may be taken.

7. In the Courts of what Country it must be adjudicated upon.

8. Where captured Property must be at the Time of Condemnatian.

9. Forfeiture of Captor's Title to Prize by Misconduct.

CHAPTER V.

I. NON-COMMISSIONED CAPTORS. II. JOINT CAPTURE. III. CAPTURES BY

TENDERS. Pp. 486-501.

CHAPTER VI.

POSTLIMINIUM-RECAPTURE-RANSOM. Pp. 502-532.

PART XI.

CHAPTER I.

GENERAL CHARACTER AND DUTY OF TRIBUNALS OF PRIZE. Pp. 533-541.

CHAPTER II.

CONSTITUTION OF PRIZE TRIBUNALS IN DIFFERENT STATES. Pp. 542-550.

CHAPTER III.

PRINCIPLES AND PRACTICE OF PRIZE TRIBUNALS.-GENERAL OUTLINE.
Pp. 251-559.

CHAPTER IV.

PRINCIPLES AND PRACTICE OF PRIZE TRIBUNALS. Pp. 560-637.

I. Custody of the Prize.

II. Process and Practice of Court.

1. Generally. Rights and Duties of captors with reference to the conduct of

Suit. Ditto of Claimants. 2. Particularly. The Pleadings. The Evi-

dence. Further Proof. a. To Claimants. 3. To Captors.

The Sentence, including the decision. 1. As to the Legality of the Seizure.

2. As to the subsequent Conduct of Captors and Claimants. 3. As to

Costs, Expenses and Freight.

III. The Appellate Tribunal.

PART XII.

CHAPTER I.

OF THE MANNER OF ENDING WAR AND THE RE-ESTABLISHING OF PEACE.

Pp. 638-659.

Bellum pacis causâ suscipitur. Three Ways by which War may be concluded

and Peace restored. Status quo ante bellum. Uti possidetis. Overtures of

Peace. Captures made after Peace. Treaties of Peace. Effect of Silence

in Treaties. Different Effects of permanent and temporary Subjugation of a

Country. Russia and Denmark, 1851.

CHAPTER II.

HOW TREATIES ENTERED INTO BEFORE THE WAR ARE AFFECTED WHEN THE

WAR IS CONCLUDED AND PEACE RESTORED. Pp. 660-679.

Authorities and Cases upon this Point. Treaties abrogated by War. Practice

of States. Debates in Parliament upon the Peace of Amiens, 1801. Case

of the Spanish Marriages, 1846.

CHAPTER III.

WHERE, HOW, AND UNDER WHAT LIMITATIONS THE DOCTRINE OF POSTLIMINIUM

MAY BE APPLIED TO STATES AND THE SUBJECTS OF STATES ON THE RETURN

OF PEACE. Pp. 680-684.

Distinction between Public and International Law upon this Subject. Distinc-
tion between (1.) the Effect of a simple Conquest, or the Acts of Conqueror,
and the Effect of (2.) an Interregnum, or the Acts of a De facto Sovereign.
Conquest distinguished from Occupation.

CHAPTER IV.

THE THEORY OF INTERNATIONAL LAW AS TO THE POWER OF THE CONQUERor,

AND OF THE SOVEREIGN de facto, OVER INCORPOREAL THINGS. Pp. 685-699.

Incorporeal Rights attached to a Thing. To a Person. Jura Obligationis.

Grotius, Cocceius, Pfeiffer, Burlamaqui. Debts due to a third party do not

accrue to the Conqueror from Possession of the Debtor. Question considered,

whether they accrue to him from Possession of Instruments or Documents of

the Debtor or Obligor. Case of Public Debts considered, whether they accrue

to Conqueror by virtue of Seizure and Confiscation. Various Authorities

thereon.

CHAPTER V.

INTERNATIONAL PRACTICE AS TO THE POWER OF THE CONQUEROR AND THE