lish sea ceremonial, § 86; reprisals, French usage and law of, § 144, end; usages of
war in the invasions of Italy, in Cent. XV., § 129; practice as to neutral trade,
SS 173, 174; as to notice of blockade, § 187; stretched the rules of blockade
under Napoleon, § 189; ancient ordinances on contraband, § 183; treaty of, con
cerning search, § 197; withdrew its consent to search, ibid.
Francis I., of France, § 100; app. ii. (1526).
Franklin, Benjamin, §§ 122, 183.
Full power of ambassadors, § 107.
GAIUS (instit.), his definition of jus gentium, § 9.
Garden (comte de), Histoire de traités, app. i., app. ii., passim.
German empire, provisions of peace of Westphalia respecting, app. ii. (1648).
Ghent. See Treaty.
Great Britain. See England.
Greece, ancient international law of, § 8; not true that it had none, ibid.; balance
of power known to, § 44; treatment of foreigners in, § 63; Athenians kill Spartan
ambassadors to Persia, § 93; reprisals in Greece, § 114; declaration of war
§ 115; usages in war, §§ 127, 128.
Greece, modern, interference on behalf of, § 50.
Grotius, §§ 11, 12, 20, 31, 55, 56, 59, 89, 92 a, 114, 127, 143, 145, 149, 155, 176,
181, 188. App. i.
Guaranty and treaties of guaranty, § 105; kind of, instances, when introduced, ibid.;
what they imply, ibid.
Guardianship, questions growing out of, by what law decided, § 74 b; difference of
practice, ibid.
Gustavus Adolphus, § 51.
Gyllenborg, case of, § 92 e.
HALE, Sir Matthew, on right of ambassadors, § 92 c.
Hamilton, Alexander, § 118.
Hanseatic league, sea laws of, app. ii.
Hartenstein, his explanation of jus naturale, as used by Grotius, § 11, note.
Hase (E. F.) on postliminy, § 143.
Hautefeuille on piracy, § 137, note; on contraband, § 181; on despatches carried
by neutrals, 184.
Heffter, Aug. W., §§ 6, 51, 52, 59, 70, 92 d, 96, 127, 130 note, 145, 149, 160,
161, 181; app. i., app. ii. (1800).
Holland. See Dutch Republic.
Hostages to confirm treaties in use as late as 1748, § 106; what the hostage may
do, and how he may be treated, ibid.; given to confirm ransom contracts, § 142;
hostage may sue in his own courts, if the ransom contract is broken, ibid.; case
of the recapture of the, ibid.
Hübner, Martin, § 176; app. i.
Hülsemann, Mr., §§ 81, 83.
Hurd, John C., law of freedom and bondage, §§ 2, 9.
Huss, John, safe conduct given to broken, § 8.
Independence of a state, what, § 37.
Intercourse, is there a right of, §§ 25, 59; what a state may not do as it respects
intercourse, § 59; what it may do, § 60; Christian states now forcing others into
intercourse, ibid.; comp. § 21 b.
Interference in affairs of other states, unlawful, § 42; exceptions, ibid.; for the
balance of power, § 43; to prevent revolutions not a valid ground of interference,
§§ 45, 46; the Monroe doctrine of, § 47; in the Belgic revolution, § 49; inter-
ference on account of religion and humanity, § 50.
International law has the same foundation as state law, §§ 1, 2; its meaning in an
abstract sense, § 3; in a more limited sense, § 4; actual international law, what?
§ 5; originated in Christian states, why? § 7; is extending beyond Christendom,
§ 5; not observed toward savages, ibid.; rules of intercourse between two or a
few states, no part of it, ibid.; genesis and voluntariness of, § 6; of later
growth than state law, ibid.; in Greece, Rome, and mediæval Europe, quite im
perfect, § 8; took a religious form among the ancients, ibid.; positive method in,
its deficiencies, § 13; not resolvable into contract, § 14; its jural, § 15; and moral
grounds, § 16; rights of nations, §§ 17-21; duties and claims, §§ 22-25; divisions
of international law, §§ 26, 27; custom and free consent, sources of, § 28; adopt-
ed by municipal law, § 29; aids for knowing what it is, § 30; progress of, §§ 31,
32; uncertainty and want of authority of, §§ 33, 203; history of, its importance,
§ 34; method in this work, § 35; international law regards all governments as
legitimate, § 38; knows only governments de facto, § 40; examples of recognitions
of new states, ibid.; forbids assistance to revolted provinces, § 41; allows assist-
ance to a state against rebellions, ibid.; how far interference is allowed by inter-
national law, §§ 42-50. (See Interference, Balance of Power, Monroe Doctrine,
Belgium, Religion, Congress.) Property what, in international law, and how ac-
quired, §§ 52, 53; territory, what, § 54; international law as to coasts, seas,
gulfs, bays, and rivers, §§ 55-58; as to intercourse, § 59, et seq.; international
copy and patent right, § 80; international courtesy, §§ 82-85; international
law as to ambassadors, §§ 87-94; gives no full protection to them against third
powers, § 93; their rank, § 94; as to consuls, § 96; international right of con-
tract or treaties, §§ 97-109; international right of self-protection and redress, or
laws and usages of war, §§ 110-135; international rules of capture and occupa-
tion, § 139-145; rules as to treaties of peace, §§ 146-154; as to neutrality and
neutral rights, §§ 155-166; as to liabilities of neutral trade, §§ 167-201; defects
of, § 203; uncertainty of, ibid.; narrow limits of, § 204; treatment of nations with-
out its pale, ibid.; no umpire in disputes of nations, § 205; international peace
projects, § 206; sanctions of international law, § 207; progress of, § 208; pros-
pects of, § 209; importance of study of, § 210; especially in the United States, ibid.
International law, private. See Private.
Interpretation of treaties, rules of, § 109; case of repugnant clauses and conflicting
treaties, ibid., end.
Inviolability of ambassadors, § 92 a. 1.; except in extreme cases, ibid.; this right
formerly qualified by English jurists, § 92 e.
JAPAN grauts exterritoriality to foreigners, § 65, end.
Jews, their usages in war, § 128.
John, King of France, case of, § 100.
Judgments, foreign, how far of force elsewhere, § 77.
Jus gentium, § 9; inter gentes, ibid.; naturæ or naturale, § 10; definition of, by
Ulpian, ibid.; by Grotius, § 11; voluntarium, as defined by Grotius, § 12; trans-
itus or passagii innoxii, § 59; detractus, § 61; albinagii, § 63; legatorum of
legationum, § 87; quarteriorum, § 92 b; fetiale, § 115; postliminii, § 143.
KALTENBORN, Carl von, § 158; app. i.
Kent, Chancellor, § 29; his opinion as to the width of the sea line of the United
States, § 56, cited; §§ 92 e, 96, 99, 114, 122, 140, 165, 176, 177, 194.
Klüber, Europäisches Volkerrecht (ed. of 1851), §§ 2, 91, 92 a, 94, 102, 127, 176,
Koszta, Martin, points of his case considered, § 81.
LANGUAGE in which treaties are written, § 150, end.
Law, international, see International Law; political and public, § 2; sea laws, app. i.
Lawrence, St., free to the United States by the reciprocity treaty, § 58.
League at Schmalkalden, app. ii. (1530).
Legal acts, form of: rule that locus regit actum, § 75.
Legates a and de latere, etc., 94; esp. note.
Legitimacy: all forms of states legitimate in international law, § 40.
Leslie, Bishop of Ross, his case, §§ 91, 92 e.
Lex domicilii, its effect, § 70; loci, or loci rei sitæ, or rei sitæ, controls, according
to Savigny, in all cases of property, § 71; according to Anglican and French law,
controls only as to movable property, ibid.; reason for Savigny's opinion, ibid.;
lex domicilii ought generally to decide as to inheritance and right of succession,
§ 73; counter opinions, ibid.; its bearing on questions growing out of marriage
rights, § 74.
Liability to capture of goods and vessels at sea, § 169 b, et seq.
Licenses to trade, § 147; English decisions concerning, ibid.
Lieber, Dr., § 17, note; § 124, note.
Lieger ambassadors, the term explained, § 89, note.
Lübeck, its treatment of a vessel fleeing into its waters, § 158.
Lucchesi-Palli, on blockade, § 186.
MABLY, Abbé de, oited, notes to §§ 21, 105, 106.
Mahon, Lord, cited, p. 49.
Malmesbury, Earl of, on search, § 200.
Manning, W. Oke, his commentaries, app. ii.; §§ 118, 141, 161, 173, and frequently
in the following sections.
Marcian, the emperor, law of, § 178.
Marcy, W. L., on Koszta's case, § 81; on the declaration of Paris in 1856, § 122
on neutral rights, § 176.
Maritime laws of medieval Europe, app. ii.
Marquardsen, Prof. in Erlangen, on the Trent case, § 184; app. i.
Marque, letters of, § 121.
Marriage: seat of marriage relations the husband's domicil, § 74; hindrances to
ibid.; formalities of, ibid.
Martens (Charles de), his receuil, app. i.; his Precis du droit des gens, app. i.
his remarks on emigration, § 61; on exterritoriality, § 92 a, cited; §§ 123, 150
176, 181, 188; his essay on armateurs, § 181.
Mendoza, Spanish ambassador, case of, 92 e.
Middle ages, international law in, § 8; treatment of foreigners in, § 63; usages of
war in, §§ 128, 129.
Mississippi, negotiations concerning the freedom of navigating, § 58.
Mohammedan nations, long shut out of Christian international law, § 7; alliances
with, disapproved of for a long time, § 8.
Mohl, R. von, §§ 20 b, 78, note, app. i., passim.
Monroe doctrine, what, § 47; voted against by Congress, ibid.; Mr. Adams' expla
nation of, ibid.; revived by Mr. Polk, ibid.; opposed in its new shape by Mr.
Calhoun, ibid.; is no part of the American system, ibid.
Moral relations of states. See Duties.
Moser, J. J., app. i.
NAPIER, Sir W., history of Peninsular war, §§ 124, 129, 132.
Napoleon I., §§ 118, 129, 131.
Naturalization, what, § 66; conflicts of laws growing out of, ibid.; inchoate, its
effect, ibid. See Koszta.
Navigation, freedom of, § 55; mare liberum of Grotius, and m. clausum of Selden,
ibid.; Portuguese and Russian claim, ibid.; Danish straits now free for navigation,
§ 57; Black Sea, ibid.; river navigation, § 58; act of Congress of Vienna on
river navigation, ibid.; the Scheldt, free, ibid.; Danube, ibid.; Mississippi, ibid.;
St. Lawrence, ibid.; La Plata, ibid.
Negro slavery. See Slavery.
Neutrality and neutrals, §§ 155-165; doctrine of neutrality chiefly modern, § 155;
importance of questions touching, ibid.; neutrals, who? ibid.; gradations of neu-
trality, ibid.; qualified neutrality differs from alliance, ibid.; permanent, ibid.;
armed, ibid. (see, also, Armed Neutrality); obligations of neutrals, § 156; must be
impartial, ibid.; but cannot be, if they help both parties, § 157; duty of, to be
humane to both parties, § 158; especially to give refuge to fugitives, ibid.; ought
to disarm fugitive troops, ibid.; treatment of vessels fleeing into neutral harbors,
ibid.; case of the Schleswig vessel in the territory of Lübeck, ibid.; may admit
vessels of war of the belligerents for peaceful purposes, § 159; may open their
ports to prizes, ibid.; but are not bound so to do, ibid.; may not lend money or
furnish troops to either belligerent, nor allow hostile acts in their territories,
§ 160; transit of troops may be refused, ibid.; practice of furnishing by neutrals,
formerly allowed, § 161; especially practised by Switzerland, ibid.; can the same
be done now? ibid.; actions allowable for the citizen or subject of the neutral
state, § 162; loans to a belligerent unlawful, ibid.; right of neutral territory to be
untouched by the operations of war, § 163; right and duty of neutrals when their
territory is so violated, ibid.; respect due to neutrals, to their flag, subjects, etc.,
by belligerents, § 164; municipal law enforcing neutrality, especially in the United
States, § 165; case of the British ambassador in 1855, § 165; relation of neutrals
to the parties in a civil war, § 166 b.
Neutral trade, or neutral ships and goods on the sea, §§ 167-202; importance of
questions touching, § 167; who are neutral persons in war? § 168; what neutral
property, ibid.; liability to capture, its general principles, § 169 a; two rules of
liability, from nationality of goods, and of vessels, § 169 b; treatment of neutral
vessels conveying hostile goods, § 170; neutral receives freight from captor for,
ibid.; pays freight to captor of hostile vessel, if his goods are delivered, ibid. ;
coast fisheries more or less exempt from capture, ibid.; justice of rules as to
neutral trade, § 171; earlier practice in regard to, § 172; consolato del mare,
rules of, § 173; practice as to capture in the 17th and 18th centuries shifting,
§ 174; first armed neutrality, ibid.; practice of England and France in the late
Russian war, § 175, note; rules of peace of Paris, in 1856, § 175; attitude of
United States respecting, ibid.; opinions respecting capture, § 176; neutral goods
on an armed enemy's vessel, § 177. See, also, Contraband, Blockade, Search.
North American Review on Monroe doctrine, § 47; on sound dues of Denmark,
§ 57.
Norway, SS 38, 104, app. ii., 1814.
Nymwegen, or Nimeguen, peace of (1678), § 92 d, app. ii.
OBLIGATION or contract, questions concerning, by what courts and what law, de-
cided, § 72.
Obligation of states, survive changes of government, § 38.
Occupation of territory by a conqueror, effect of, § 145; subsequent reconquest,
Oleron, jugements de, app. i.
Ompteda, Von, app. i.
Orders in council, British, § 189.
Ortolan, Theod. (diplomatie de la mer), §§ 54, 85, 86, 159, 176, 181, 186, app. i
Osenbrüggen (de jure belli et pacis Romanorum), §§ 8, 115, app. i.
Pardessus, collection des lois maritimes, §§ 95, 123, note; § 173, note.
Paris, treaty of, in 1856, app. ii., § 58; declaration attached to, §§ 122, 175, 188.
Partition of Poland. See Poland.
Paschal II., Pope, case of, § 100.
Passports. See Safe Conducts.
Paulus (in the Digest), §§ 137, 143.
Peace of Crespy, app. ii., 1544; Augsburg, ibid., 1555; Westphalia, ibid., 1648;
Lübeck, 1629 (see Peace of Westphalia); Prague, 1635 (see the same); peace
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