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

When a mere confederation
70
Rights of Independence and Selfpreservation
81
By the rights of others
93
S3 Titles of states and of their rulers
97
Emperors and kings
102
Rank of republics 103
103
Usage of the alternat
104
Language of diplomatic intercourse and treaties
105
How regulated
106
IU In foreign ports and on the high seas
107
Treaties respecting salutes etc
108
General rules established by textwriters
109
22 Salutes between ships and forts
110
Ships in foreign ports
112
24 Regulations as to salutes in the British navy nj 25 French naval regulations
114
Spanish regulations
115
27 United States army and navy regulations
116
28 Difficulties in the application of these rules
117
29 May be avoided by making all salutes international
118
CHAPTER VI
119
Extent of Maritime territory
130
Black sea how far a mareclausum
136
29 This right may be modified by compact
142
Law of real property
148
Law of personal capacity and duty
154
Laws of trade and navigation
159
Over alien residents lut
166
Extradition of criminals
174
CHAPTER VIII
182
Treatymaking power of a state
189
Other divisions of treaties
195
Testimony of ministers liow taken 223
200
Modern classification
202
General immunities of public ministers
209
Extent of such civil jurisdiction
215
By expiration of term or by promotion
236
Can afford no refuge from civil process
239
Arc subject to local jurisdiction
243
12 United States laws respecting foreign consuls
249
Origin of difference of powers
256
Remarks of United States commissioner on this treaty
262
CHAPTER XI
270
Duty of mutual assistance
281
Duties of humanity
285
Amicable accommodation
291
Mature of reprisals
299
The New York decision not authority
305
Object of declaration in defensive war 356
308
CHAPTER XIII
311
Opinions of the early fathers of the church on war
320
CHAPTER XIV
328
By historians
330
Historical examples
336
Lawful and unlawful wars
347
Modern practice of unilateral declaration
353
CHAPTER XVI
381
Use of privateers 191
391
Implements of war
398
Employment of spies
406
Conflicting alliances
411
Vattels opinion
423
CHAPTER XIX
446
9 Public archives i
453
16 War in the Spanish peninsula
459
23 Laying waste a country r
465
If neutral consignor become an enemy during voyage
470
Unavailable attempts to change present rule
472
Shipment with risk on neutral consignee
478
In cases of shipwreck etc
494
Vessels liable to capture during continuous voyage
505
Rights and Duties of Neutrals
513
Pretended exception to inviolability of neutral territory
519
Loans of money by neutrals
526
Power and jurisdiction of federal courts
532
Constructive or paper blockades
535
Effect of a siege upon communications by sea
547
Breach of blockade a criminal act
548
What constitutes a public notification
549
Effect of general notoriety
550
21 When presumption of knowledge may be rebutted
551
22 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
31 Disregard of warning
559
33 Violation of blockade by egress 560
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
Conflicting decisions of prize courts
582
There is no filed universal rule
583
21 Manufactured articles
584
Intended use deduced from destination
586
Provisions
587
Preemption
588
British rule of preemption
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
14 Force may be used in the exercise of this right
609
But must be exercised in a lawful manner 610
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
22 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
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
Transporting military persons
642
Application of the rule of 1793 to continuity of voyage
648
Hostages for captures and prisoners 673
652
When and how revoked
664
Rights and Duties of Captors
672
27 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
PAGE
719
Of captures generally
724
Of maritime captures
725
To whose benefit they enure
727
Where prizes must be taken
729
Constructive captures by public vessels of war
730
When actual sight is not necessary
731
10 Antecedent and subsequent services
732
Mere association not sufficient
733
Vessels detached from fleet
734
16 By public ships of allies
735
17 Constructive captures not allowed to privateers
736
Revenue cutters under letters of marque
737
21 By prize masters
738
Public vessels of war and privateers etc
739
Distribution of prize to joint captors
740
Collusive captures
741
Forfeiture of claims to prize
742
Liability of captors for damages and costs
743
Of commanders of fleets and vessels
745
31 Of owners of privateers
746
CHAPTER XXXI
748
CHAPTER XXXII
775
Of the conqueror
793
Alienations made in anticipation of conquest
799
If former government be restored
805
How affected by laws of military occupation 830
810
Application to naturalized citizens and foreign subjects
820
Under the United States
827
Debts of HesseCassel
841
24 Delays etc in carrying treaty into effect
863
Right of postliminy defined
865
9 Towns and provinces 871
871
Setting forth as a vessel of war
880
By native and allied armies in native ports
892
Guarantees and securities
893
Col1ision of stipnlations
902
Rules of Rutherforth
903
Of Paley
904
Minute rules of other writers
905
Importance of wellestablished principles
906

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Common terms and phrases

Popular passages

Page 543 - 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 320 - 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 194 - 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 823 - 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 823 - 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 395 - 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 542 - 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 541 - 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 394 - 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 837 - ... 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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