International Law: Or, Rules Regulating the Intercourse of States in Peace and War

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H. H. Bancroft, 1861 - International law - 907 pages

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Contents

Textwriters and judicial opinions
38
Diplomatic and legislative discussions
40
CHAPTER II
42
The Conventional law of nations
47
The Customary law of nations
48
Divisions of the positive law of nations by Wolfius and Vattel
49
Distinction between absolute rights rights of comity and private rights
50
How far its rules are obligatory
51
Violations of its rules how punished
52
General sources of international law
53
Justice as a source and test
54
The Roman civil law
55
Decision of courts of prize
56
Adjudications of mixed tribunals
57
Decisions of local courts
58
Reason of the authority of textwriters
59
Treaties and international compacts
60
State papers and diplomatic correspondence
61
CHAPTER III
63
A state distinguished from a nation or people
64
But not itself a state
65
Nor occasional obedience and habitual influence
66
They may impair or destroy sovereignty
67
Effect of a union of several states
68
A real union
69
When a mere confederation
70
When a composite state
71
Semisovereign states
72
A state involved in civil war
73
Independence of a revolted colony or province
74
Recognition of such independence
75
State sovereignty how lost
76
CHAPTER IV
81
CHAPTER V
97
Royal honors
101
Emperors and kings
102
Rank of republics
103
Usage of the alternat
104
Language of diplomatic intercourse and treaties
105
How regulated
106
In foreign ports and on the high seas
107
Treaties respecting salutes etc
108
General rules established by textwriters
109
Salutes between ships and forts
110
Ships in foreign ports
112
Regulations as to salutes in the British navy
113
French naval regulations
114
Spanish regulations
115
United States army and navy regulations
116
Difficulties in the application of these rules
117
May be avoided by making all salutes international
118
CHAPTER VI
119
Incidental use of their banks
141
CHAPTER VII
147
Rule of judicial proceeding
153
Extra territorial operation of a criminal sentence
175
CHAPTER VIII
182
Other divisions of treaties
195
Equal and unequal treaties
196
Treaties of confederation and association
197
Treaties of amity or friendship
198
CHAPTER IX
200
Modern classification
202
Ambassadors legates and nuncios
203
Ministers and ministers resident
204
Chargés daffaires
205
Messengers and couriers
206
Domestics and servants
207
General immunities of public ministers
209
Exemption from local jurisdiction
210
In case of plotting against local government
211
In case of owing allegiance
213
In case of voluntary submission to local jurisdiction
214
Extent of such civil jurisdiction
215
Extent of such criminal jurisdiction
217
Public ministers how punished
218
Their dependents how punished
220
Full power to negotiate
230
Notification of his appointment
231
His passports and safeconduct
232
Passage through other states
233
Termination of public missions 334
235
By expiration of term or by promotion
236
Dismissal of a public minister
237
Duty of respect to local authorities
238
CHAPTER X
239
If exequatur be issued to a citizen without conditions
246
Opinions of textwriters
247
United States laws respecting foreign consuls
249
Duties and powers respecting their own countrymen
251
They have no civil or criminal jurisdiction
252
Certificates acknowledgements etc
253
Origin of difference of powers
256
Same system extended to China
257
Act of parliament
258
Treaty between France and China
259
French laws and regulations
260
Treaty between the United States and China
261
Remarks of United States commissioner on this treaty
262
Act of congress for carrying it into effect
263
Decree of United States commissioner in China
265
Controversies between subjects of foreign states in China
266
Mr Cushings opinion on this subject
267
CHAPTER XI
270
Acts of private citizens
274
If such acts be ratified
275
Pretended emigration and expatriation
277
Duties of mutual respect
278
Failure in respect not always an insult
279
Right to trade
280
Declining commercial intercourse
281
Imperfect duties
282
Duties of humanity
285
Each one to determine whether it will grant them
286
Rule and measure of such offices
287
CHAPTER XII
289
Amicable accommodation
291
Rejection of offers of mediation
292
Arbitration
294
Retortion
295
Retaliation
296
Nature of reprisals
297
General and special reprisals
298
Positive and negative reprisals
299
Seizure of the thing in dispute
300
Reprisals upon persons
301
Seizure and punishment of the individuals offending
302
Case of McLeod
303
Opinion of Mr Webster
304
The New York decision not authority
305
Opinions of European publicists
306
General effect of reprisals seizures and embargoes
307
Sir William Scotts opinion of the embargoes of 1803
308
CHAPTER XIII
311
Opinion of Grotius
317
CHAPTER XIV
328
By historians
330
Wars of insurrection and revolution
331
Wars of opinion
332
National wars
333
Wars of intervention
334
For the preservation of the balance of power
335
Historical examples
336
Treaty of Paris and congress of Vienna in 1814 and 1815
337
British views of armed intervention
338
By invitation of the contending parties
339
To stay the effusion of blood
340
Public wars
343
Mixed wars
344
Perfect and imperfect wars
345
Effect of subsequent ratification
346
Lawful and unlawful wars
347
Individual liability for acts of hostility
348
CHAPTER XV
350
Modern practice of unilateral declaration
352
When this may be dispensed with
354
Conditional declaration
355
United States Constitution on suspension of writ of habeas corpus
375
CHAPTER XVI
381
Insurgent inhabitants and levies en masse
387
Implements of war
398
Use of poisoned weapons
399
Assassination of an enemy
400
Surprises
401
Stratagems
402
Use of a false flag at sea
404
Deceitful intelligence
405
Employment of spies
406
Cases of Hale and André
407
Rewarding traitors
409
Intestine divisions of enemys subjects
410
CHAPTER XVII
411
Allies not necessarily associates in a war
413
How distinguished
414
The casus foederis of an alliance
415
Offensive alliances
416
Remarks on character and effect of such alliances
417
Treaties of succor if the war be unjust
418
Subsidy and succor not necessarily causes of war
419
Remarks of Vattel on subsidytreaties
420
A warlike association
422
Vattels opinion
423
Policy of treating enemys allies as friends
424
Penalty for illegal acts
458
War in the Spanish peninsula
459
Mexican war
460
Remarks on military pillage
461
Property taken on field of battle or in a siege
462
Municipal laws respecting its distribution
463
Useless destruction of enemys property
464
Laying waste a country
465
Rule of moderation
466
Ancient courts of chivalry
467
English law respecting booty
468
CHAPTER XX
470
Shipment with risk on neutral consignee
478
Laws of different states
489
Decisions of French prize courts
490
Exemption of vessels of discovery
492
Of fishing boats
493
In cases of shipwreck etc
494
CHAPTER XXI
496
Exceptions
498
Cases of attempt to evade it
499
Withdrawal from enemys country at beginning of war
500
Distinction between cases of domicil and mere residence
501
Necessity of a license discussed
502
Decisions in the United States
503
Where order of shipment cannot be countermanded
504
Vessels liable to capture during continuous voyage
505
Share of partner in neutral house
506
Transfer of ships
507
Trade by resident or domiciled stranger
508
Effect of acceptance of a license from the enemy
509
Possessions and colonies of the enemy
511
Rule of insurance
512
CHAPTER XXII
513
Qualified neutrality
514
Advantages and resulting duties of neutrality
516
Hostilities not allowed within neutral jurisdiction
517
Pretended exception to inviolability of neutral territory
519
Opinions of European and American publicists
520
Belligerent vessels in neutral ports
522
Presumptive right of entry
523
Belligerent ships and troops in neutral ports and territory
524
Loans of money by neutrals
526
Passage over neutral waters
527
Municipal laws in favor of neutrality
528
Of Great Britain
529
Protection of neutral inviolability
530
Claim for restitution
531
Power and jurisdiction of federal courts
532
Purchasers in foreign ports
533
CHAPTER XXIII
535
What constitutes a public notification
549
Effect of general notoriety
550
When presumption of knowledge may be rebutted
551
Proof of actual knowledge or warning
552
An attempt to enter
553
Inception of voyage
554
In case of de facto blockades
555
Where presumption of intention cannot be repelled
556
Neutral vessel entering in ballast
557
Delay in obeying warning
558
Disregard of warning
559
Violation of blockade by egress
560
When egress is allowed
561
Penalty of breach of blockade
562
When cargo is excepted from condemnation
563
Duration of offense
565
Hautefeuilles theory of the law of blockades
566
CHAPTER XXIV
569
Return voyage
574
If not contraband at time of seizure
575
Destination need not be immediate to enemys port
576
Differences of opinion among textwriters
577
Of modern publicists
578
Ancient treaties and ordinances
580
Modern treaties and ordinances
581
Conflicting decisions of prize courts
582
There is no fixed universal rule
583
Manufactured articles
584
Intended use deduced from destination
586
Provisions
587
Preemption
588
British rule of preëmption
589
Insurance on articles contraband of war
590
CHAPTER XXV
592
Visitation and search in time of war
606
English views as to extent of this right
607
Limitations imposed by continental publicists
608
Force may be used in the exercise of this right
609
But must be exercised in a lawful manner
610
Penalty for contravention of this right
611
English decision as to effect of convoy
612
Merchant ships under their convoy
613
Treaties respecting neutral convoy
614
Opinions of publicists
615
Neutral vessels under enemys convoy
617
Resistance of master on cargo
620
Neutral property in armed enemy vessel
621
Concealment of papers
623
Use of false papers
624
Impressment of seamen from neutral vessels
625
American rule as defined by Webster
626
CHAPTER XXVI
628
Violation of neutral duty by a state
629
By individuals
630
Criminal character of such violations
631
Opinions of publicists
632
Neutral goods in enemy ships
633
Maxims of free ships free goods and enemy ships enemy goods
634
These maxims in the United States
635
Treaties and ordinances
636
France and England in 1854
637
Congress of Paris in 1856
638
Rule of evidence with respect to neutral goods in enemy ships
639
Neutral goods in such vessel
640
CHAPTER XXVII
652
658
658
660
660
668
668
Flags of truce
674
CHAPTER XXVIII
675
Character of the vessel
682
Change of national character during voyage
683
Quantity and quality of goods
684
License to alien enemy
685
If it cannot be landed
686
Course of voyage
687
Condition to call for convoy
688
License does not act retrospectively
689
Effect of alteration
690
CHAPTER XXIX
691
Evidence to repel this presumption
708
Other public officers
709
A wife minor student and servant
710
A soldier prisoner exile and fugitive
711
Effect of municipal laws on domicil
712
Of treaties and customary law
713
Temporary residence for collection of debts 714
714
Native character easily reverts
715
Leaving and returning to native country
716
Belligerent subjects during war
717
Effect of military occupation
718
Of complete conquest
719
Of a particular trade
720
This differs from domicil
721
National character of ships and goods
722
Of captures generally
724
Constructive captures by public vessels of war
730
Of owners of privateers
746
Apparent exceptions to rule
748
CHAPTER XXXII
775
Of the conqueror
793
Right of revolution
795
Punishing military insurrections
796
Historical examples
797
Alienations of territory occupied by an enemy
798
Alienations made in anticipation of conquest
799
Private grants so made
800
Transfer of territory to neutrals
801
Effect of military occupation on incorporeal rights
803
Debts due to the government of the territory occupied
804
If former government be restored
805
Examples from ancient history
806
Examples from modern history
807
CHAPTER XXXIII
810
English law on this subject
822
American decisions
823
Laws of the conquered territory
824
Conquered territory under British laws
825
Under the United States
827
Laws of conquered state how affected by the new sovereignty
829
CHAPTER XXXIV
844
Breach of a treaty of peace
862
Delays etc in carrying treaty into effect
863
War for new cause or for breach of treaty of peace
864
Rights of Postliminy and Recapture
865
Towns and provinces
871
Quantum of salvage on recaptures
883
CHAPTER XXXVI
893
Of Paley
904
Minute rules of other writers
905
Importance of wellestablished principles
906

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Page 541 - 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.
Page 318 - And the soldiers likewise demanded of him, saying, And what shall we do? And he said unto them, Do violence to no man, neither accuse any falsely; and be content with your wages.
Page 192 - But when the terms of the stipulation import a contract, when either of the parties engages to perform a particular act, the treaty addresses itself to the political, not the judicial department; and the legislature must execute the contract before it can become a rule for the Court.
Page 821 - The inhabitants of the territories which His Catholic Majesty cedes to the United States, by this treaty, shall be incorporated in the Union of the United States as soon as may be consistent with the principles of the Federal Constitution, and admitted to the enjoyment of all the privileges, rights, and immunities of the citizens of the United States.
Page 821 - Florida continues to be a Territory of the United States; governed by virtue of that clause in the Constitution which empowers Congress "to make all needful rules and regulations respecting the territory or other property belonging to the United States.
Page 393 - And that the private property of the subjects or citizens of a belligerent on the high seas shall be exempted from seizure by public armed vessels of the other belligerent, except it be contraband.
Page 540 - It is impossible for Her Majesty to forego the exercise of her right of seizing articles contraband of war, and of preventing Neutrals from bearing the Enemy's despatches, and she must maintain the right of a belligerent to prevent Neutrals from breaking any effective blockade which may be established with an adequate force against the Enemy's forts, harbours, or coasts. But Her Majesty will waive the right of seizing Enemy's property laden on board a neutral vessel, unless it be contraband of war.
Page 539 - That, in order to determine what characterizes a blockaded port, that denomination is given only to that where there is, by the disposition of the power which attacks it, with ships stationary or sufficiently near, an evident danger in entering.
Page 392 - Privateering is and remains abolished; 2. 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.
Page 835 - ... violated, that sense of justice and of right which is acknowledged and felt by the whole civilized world would be outraged, if private property should be generally confiscated, and private rights annulled. The people change their allegiance, their relation to their ancient sovereign is dissolved, but their relations to each other, and their rights of property, remain undisturbed.

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