Halleck's International Law: Or, Rules Regulating the Intercourse of States in Peace and War, Volume 2

Henry Wager Halleck

C. K. Paul & Company, 1878 - International law - 1125 pages

Contents

• CONTENTS OF THE SECOND VOLUME: 1
• Persons exempt from military duty: 2
• If such persons engage in hostilities: 3
• Duty of a State to support its troops: 4
• Use of mercenaries: 5
• Of partisans and guerilla troops: 6
• Insurgent inhabitants and levies en masse: 7
• Hostile acts of private persons on the high seas: 9
• Use of privateers: 14
• Privateers not used in recent wars: 15
• Declaration of the Conference of Paris in 1856: 16
• How received by other States: 17
• Privateers by whom commissioned: 18
• Treaty stipulations respecting privateers: 20
• Use of poisoned weapons: 22
• Poisoning wells food c: 23
• Surprises: 24
• Allowable deceptions: 25
• Use of a false flag at sea: 28
• Deceitful intelligence: 29
• Employment of spies: 30
• The Enemy and his Allies: 52
• PARA PAGE 17 Extent of support to be rendered 86: 68
• Sacking a captured town: 91
• Remarks of Napier: 92
• Fugitives and deserters found among prisoners of war: 93
• Rule of reciprocity: 94
• Limits to this rule: 95
• CHAPTER XXI: 96
• Rules different for different kinds of property: 97
• The real property of a belligerent State: 98
• Title to such property acquired during war: 99
• Purchase by neutral governments: 100
• Movable property ΙΟΙ: 101
• Documentary evidence of debts: 102
• Public archives: 103
• Public libraries and works of art: 104
• Civil structures and monuments: 106
• Private property on land: 108
• Penalty for illegal acts: 109
• War in the Spanish peninsula: 110
• Mexican war III: 113
• Property taken on field of battle or in a siege: 114
• All booty primarily belongs to the State: 115
• Useless destruction of enemys property: 117
• Rule of moderation: 118
• Questions of booty: 119
• Ancient courts of chivalry: 120
• English law respecting booty: 121
• Enemys Property on the High Seas 1 Distinction between enemys property on land and on the high seas: 124
• Opinions of Mably and others: 125
• PARA PAGE 3 Unavailable attempts to change present rule: 126
• Difficulties in its application: 127
• Ownership at time of capture: 128
• Rule as to consignee: 129
• Contract and shipment made in contemplation of war: 131
• Contract made in peace and shipment in war: 132
• Shipment with risk on neutral consignee: 133
• If neutral consignor become an enemy during voyage: 134
• Acceptance in transitu by natural consignee: 135
• Change of ownership by stoppage in transitu: 136
• Transfer of enemys ships to neutrals: 138
• Rules of such transfer: 139
• Character of ships and goods how deduced: 142
• Effect of secret liens: 143
• Laws of different States: 145
• Decisions of French prize courts: 146
• Exemption of vessels of discovery: 149
• Of fishing boats: 151
• In cases of shipwreck c: 152
• CHAPTER XXIII: 154
• Exceptions: 156
• Rule rigorously enforced: 157
• Cases of attempt to evade it: 159
• Distinction between cases of domicil and mere residence: 160
• Necessity of a licence discussed: 161
• Decisions in the United States: 162
• Where order of shipment cannot be countermanded: 163
• Different kinds of trade: 164
• Vessels liable to capture during continuous voyage: 165
• Share of partner in neutral house: 166
• Regularity of papers not conclusive: 167
• Distinction between native subject and domiciled stranger: 168
• Effect of acceptance of a licence from the enemy: 169
• Possessions and colonies of the enemy: 171
• Rule of insurance: 172
• Rights and Duties of Neutrals PARA PAGE 1 Neutrality in war: 173
• Qualified neutrality: 174
• Advantages and resulting duties of neutrality: 175
• Hostilities not allowed within neutral jurisdiction: 177
• Passage of troops through neutral territory: 178
• Pretended exception to inviolability of neutral territory: 179
• Opinions of European and American publicists: 180
• Right of asylum: 182
• Presumptive right of entry: 183
• Arming vessels and enlisting troops: 184
• Loans of money by neutrals: 195
• Pursuit of enemy from neutral port: 196
• Passage over neutral waters: 197
• Municipal laws in favour of neutrality: 198
• Laws of United States: 199
• Of Great Britain: 203
• Protection of neutral inviolability: 204
• Claim for restitution: 206
• If captured property be in possession of a neutral: 207
• Purchasers in foreign ports: 208
• If condemned in captors country: 209
• CHAPTER XXV: 211
• Authority to institute sieges and blockades: 212
• Distinction between them: 214
• Actual presence of an adequate blockading force: 215
• Constructive or paper blockades: 216
• Ancient textwriters and treaties: 217
• Course of England and France in the wars of Napoleon: 218
• Their declarations in 1854 and 1856: 219
• If blockading vessels be driven away by superior force: 220
• PARA PAGE 12 If removed for other duties: 221
• A maritime blockade does not affect interior communi cations: 222
• Breach of blockade a criminal act: 224
• What constitutes a public notification: 225
• Effect of general notoriety: 226
• When presumption of knowledge may be rebutted: 227
• An attempt to enter: 228
• Inception of voyage: 229
• Exception in case of distant voyages: 230
• In case of de facto blockades: 231
• Neutral vessel entering in ballast: 232
• Declarations of master: 233
• Delay in obeying warning: 234
• When ingress is excused: 235
• Violation of blockade by egress: 236
• When egress is allowed: 237
• Penalty of breach of blockade: 238
• When cargo is excepted from condemnation: 239
• Duration of offence: 240
• Insurance how affected by violation of a blockade: 241
• Hautefeuilles theory of the law of blockades: 242
• CHAPTER XXVI: 244
• All contraband articles to be confiscated: 245
• Modern rule: 246
• Ordinary penalty not averted by ignorance or force: 247
• Return voyage: 248
• If not contraband at time of seizure: 249
• Transfer of such goods from one port to another: 250
• Differences of opinion among textwriters: 251
• Of modern publicists: 252
• PARA PAGE 16 Ancient treaties and ordinances: 253
• Modern treaties and ordinances: 255
• Conflicting decisions of prize courts: 256
• Implements and munitions of war: 257
• Unwrought articles: 258
• Intended use deduced from destination: 261
• Provisions: 262
• Preëmption: 263
• Contested by other nations: 264
• CHAPTER XXVII: 267
• Opinions of American publicists: 270
• Of continental writers: 271
• Of Lord Stowell and Sir R Phillimore: 273
• Distinction between pirates and slavers: 276
• Great Britain finally renounces her claim of right of visit: 277
• Visitation and search in time of war: 282
• English views as to extent of this right: 283
• Views of American writers: 284
• Force may be used in the exercise of this right: 285
• But must be exercised in a lawful manner: 286
• Penalty for contravention of this right: 287
• English decision as to effect of convoy: 288
• Merchant ships under their convoy: 289
• Treaties respecting neutral convoy: 290
• Opinions of publicists: 291
• Neutral vessels under enemys convoy: 293
• Effect of resistance of master on cargo: 295
• Neutral property in armed enemy vessel: 296
• Documents requisite to prove neutral character: 297
• Concealment of papers: 298
• Use of false papers: 299
• Impressment of seamen from neutral vessels: 300
• American rule as defined by Webster: 302
• Violation of Neutral Duties PARA PAGE I The rights and duties of neutrality are correlative: 305
• By individuals: 306
• Criminal character of such violations: 307
• Neutral vessels transporting enemys goods: 308
• Opinions of publicists: 309
• Neutral goods in enemy ships: 310
• Maxims of free ships free goods and enemy ships enemy goods: 311
• These maxims in the United States: 312
• France and England in 1854: 313
• Congress of Paris in 1856: 315
• Rule of evidence with respect to neutral goods in enemy ships: 316
• Neutral ships under enemys flag and pass: 318
• Neutral goods in such vessel: 319
• Neutral vessel in enemys service: 320
• Conveying enemys despatches: 321
• Engaging in enemys commerce exclusively national: 325
• Rule of 1756 and rule of 1793: 330
• Distinction between them: 333
• Application of the rule of 1793 to continuity of voyage: 336
• General result of discussions: 337
• Views of American Government: 338
• CHAPTER XXIX: 340
• Capitulations: 348
• Individual promises: 349
• Passports and safeconducts: 351
• Rights and Duties of Captors: 360
• CHAPTER XXX: 364
• General licences: 365
• Special licences: 366
• Want of uniformity in British decisions: 367
• Representations of the grantee: 368
• Persons entitled to use them: 369
• Where the principal acts as agent for others: 370
• Character of the vessel 37 1: 371
• Exception of a particular flag 37 I: 372
• Protection to enemys goods: 373
• Licence to alien enemy: 374
• If cargo be injured: 375
• Compulsory change of cargo: 376
• Change of port of destination: 377
• Time limited in licence: 378
• If not on board or not endorsed: 379
• PARA PAGE I Of captures generally: 380
• Of maritime captures: 381
• To whose benefit they enure: 383
• CHAPTER XX: 384
• Where prizes must be taken: 385
• Of joint captures generally: 386
• Constructive captures by public vessels of war: 389
• When actual sight is not necessary: 390
• Antecedent and subsequent services: 391
• Mere association not sufficient: 392
• Vessels detached from fleet: 393
• By public ships of allies: 394
• Constructive captures not allowed to privateers: 395
• Revenue cutters under letters of marque: 396
• By tenders: 397
• By noncommissioned vessels: 398
• Effect of fraud on claims to benefit of joint capture: 399
• Distribution of prize to joint captors: 400
• Collusive captures: 401
• Liability of captors for damages and costs: 404
• Of commanders of fleets and vessels: 406
• Of owners of privateers: 408
• Duties and responsibilities of prize masters and prize agents: 409
• CHAPTER XXXII: 411
• Must be tried by prize court of captor: 412
• Apparent exceptions to rule: 413
• Rule varied by municipal regulations: 414
• By treaty stipulations: 415
• PARA PAGE 8 In the United States: 417
• The President cannot confer prize jurisdiction: 421
• Court may sit in the country of captor or his ally: 422
• In conquered territory: 423
• Extent of jurisdiction: 424
• Location of prize: 426
• Decision conclusive: 428
• Cases of England and Prussia in 1753 and the United States and Denmark in 1830: 431
• When jurisdiction may be inquired into: 432
• How far governed by municipal laws: 433
• Character of proceedings of proofs c: 434
• Custody of property: 437
• Conduct of suit by captors: 438
• Who may appear as claimants: 440
• Duties of claimants: 441
• Nature and form of decrees: 442
• CHAPTER XXXIII: 444
• Submission sufficient: 449
• Upon municipal laws: 450
• Punishment of crimes in such territory: 452
• Laws of England instantly extend over conquered territory: 455
• Territory so occupied no part of the American Union but a part of the United States with respect to other countries: 456
• Effect of this distinction: 457
• American decisions: 458
• Powers of the President respecting such revenues: 459
• Change of ownership of private property during military occupation: 460
• Laws relating to such transfers: 461
• Allegiance of inhabitants of occupied territory: 462
• Lawful resistance and insurrection: 463
• Implied obligation of the conquered: 464
• Right of revolution: 465
• Right of insurrection in war: 466
• Historical examples: 468
• Alienations of territory occupied by an enemy: 469
• PARA PAGE 24 Private grants so made: 471
• Transfer of territory to neutrals: 472
• Effect of military occupation on incorporeal rights: 473
• Debts due to the government of the territory occupied: 474
• If former government be restored: 475
• Examples from ancient history: 476
• Examples from modern history: 477
• 2: 480
• CHAPTER XXXV: 512
• PARA PAGE 3 Time of its taking effect: 514
• Of allies who are associates in the war: 515
• When the exemption ceases: 517
• Towns and provinces: 518
• Release of a subjugated State: 520
• Case of Genoa in 1814: 521
• Textwriters and prize courts: 522
• Rights of postliminy modified by treaties and municipal laws: 523
• Laws of Great Britain and United States: 524
• Setting forth as a vessel of war: 527
• Laws of France Spain and other States: 528
• Quantum of salvage on recaptures: 530
• Recapture of neutral property: 531
• International law on salvage: 532
• Military and civil salvage: 533
• Where original capture was unlawful: 535
• In case of ransom: 536
• From pirates: 537
• By land forces in foreign ports: 538
• VOL II: 541
• Proclamation of Neutrality by Great Britain 1877: 551
• Earl Derbys letter to the Treasury and other Departments 1877: 553
• International Courts in Egypt: 555
• Territorial Waters of the British Empire: 559
• INDEX: 567
• When quarter may be refused: 582
• In Great Britain 416: 592
• Exchange and ransom: 598
• Cases of Hale and André 32: 608
• Release on parole: 609

Popular passages

Page 219 - 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 16 - 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 492 - ... 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 the privileges, rights, and immunities of the citizens of the United States.

Page 185 - A neutral Government is bound — " First, to use due diligence to prevent the fitting out, arming, or equipping, within its jurisdiction, of any vessel which it has reasonable ground to believe is intended to cruise or to carry on war against a Power with which it is at peace...

Page 186 - And whereas the privilege of exterritoriality accorded to vessels of war has been admitted into the law of nations, not as an absolute right, but solely as a proceeding founded on the principle of courtesy and mutual deference between different nations, and therefore can never be appealed to for the protection of acts done in violation of neutrality...

Page 17 - 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 - He shall be guilty of an offence against this Act, and shall be punishable by fine and imprisonment, or either of such punishments, at the discretion of the court before which the offender is convicted; and imprisonment, if awarded, may be either with or without hard labour.

Page 349 - I propose to receive the surrender of the Army of Northern Virginia on the following terms, to wit : Rolls of all the officers and men to be made in duplicate, one copy to be given to an officer...

Page 36 - As martial law is executed by military force, it is incumbent upon those who administer it to be strictly guided by the principles of justice, honor, and humanity — virtues adorning a soldier even more than other men, for the very reason that he possesses the power of his arms against the unarmed.

Page 455 - Martial rule can never exist where the courts are open, and in the proper and unobstructed exercise of their jurisdiction. It is also confined to the locality of actual war.

Bibliographic information

• Title: Halleck's International Law: Or, Rules Regulating the Intercourse of States in Peace and War, Volume 2; Volume 2 of Halleck's International Law, Sir George Sherston Baker (bart.); Halleck's International Law: Or, Rules Regulating the Intercourse of States in Peace and War, Henry Wager Halleck
• Author: Henry Wager Halleck
• Editor: Sir Sherston Baker
• Publisher: C. K. Paul & Company, 1878
• Original from: the University of Michigan
• Digitized: Jun 1, 2006
• Length: 1125 pages