The Law of Nations: Or, Principles of the Law of Nature Applied to the Conduct and Affairs of Nations and Sovereigns. A Work Tending to Display the True Interest of Powers

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Thomas M. Pomroy, 1805 - International law - 563 pages
 

Contents

Of the legislative power and whether it can change
66
All true fovereignty is unalienable fbid
69
Whether women and the children are to be accounted ene mies ibid
72
Of things belonging to the enemy ibid
73
Continue fuch everywhere ibid
74
Of neutral things found with an enemy ibid
75
Of lands poffeffed by foreigners in an enemys country ibid
76
Arbitation between the king and his fubjects
78
Of defenfive and offenfive alliances 392
80
Of auxiliary troops ibid
81
Of fubfidies ibid
82
The order of fucceffion ought commonly to be kept
84
Of alliances made with a nation whilst at war ibid
85
167 The prince ought to maintain the authority of the judges
87
What the cafus foederis is ibid
88
Never takes place in an unjuſt war ibid
89
The duty of a prince who nominates his fucceffor
90
A general maxim with regard to the ufe of the neceffary
92
Of fome other cafes and that where two confederates of the fame alliance come to a rupture ibid
93
Of anations refufing fuccors due in virtue of an alliance 396
95
The utility of a home trade ibid
96
Of the balance of trade and the attention of government
102
100 Of the uſe of highways canals c ibid 101 The duties of the government in this reſpect ibid 102 Of its rights in this refpect
103
On the abuſe of this right ibid CHA P X
104
Of the eſtabliſhment of money
105
of the Nation The fecond Object of a good Government is to procure the true Felicity 110 A nation ought to labour after its own felicity
106
Inftructions ibid 112 Education of youth
107
Of the arts and ſciences ibid 114 Of the liberty of philofophizing
108
They ought to infpire the love of virtue and the abhor rence of vice
109
The nation may from this diſcover the intention of thoſe who govern
110
The ſtate or the public perfon ought to perfect its under ſtanding and will
111
The love of the Country ibid 120 In particular perfons
112
In the nation or ſtate itſelf and in the fovereign ibid 122 Definition of the term Country ibid 123 How fhameful and criminal it is to injure our country
113
examples ibid CHA P XII
114
It ought to be attended with knowledge ibid 127 Of religion internal and external ibid 128 Liberty of confcience the right of individuals ibid 129 Th...
116
When there is no eſtabliſhed religion ibid 131 When it is eſtabliſhed by law
117
In the caſe where there is a religion eſtabliſhed by law
118
Theobject of his care and the means he ought to employ
119
Of toleration ibid 136 What the prince ought to do when the nation is refolv ed to change the religion
120
The fovereign ought to have the infpection of the affairs of religion and authority over thoſe who teach it
121
He ought to prevent the abufe of the received religion
122
The fovereigns authority over the minifters of religion
123
The nature of this authority ibid 143 The rule to be obſerved with reſpect to ecclefiaftics ibid 144 A recapitulation of the reaſons on which are eſtabliſ...
124
Pernicious confequence of the contrary opinion
125
The abufes particularized The power of the popes
126
Important employments conferred by a foreign power
128
Powerful fubjects dependent on a foreign court ibid 149 The celebacy of the prieſts Convents
129
Enormous pretenfions of the clergy Preeminence
130
Independence immunities
131
Immunity of the riches of the church
132
Excommunication of men in high pofts ibid 154 And of fovereigns themſelves
133
The clergy drawing every thing to them and diſturbing the order of juftice
134
Money drawn to Rome
135
CHAP XIII
136
To eſtabliſh good laws ibid 160 To make them obferved
137
The foundation of the right of puniſhing the guilty ibid
142
A nation ought to fortify itſelf againſt attacks from with
148
Voluntary fubmiffion of one country to another
154
How a Country may feparate itself from the State of which it is
156
ibid
160
The functions and duties of the prince in this refpect ibid
161
How he ought to diftribute juftice ibid
162
Heought toeſtabliſh judges of knowledge and integrity 138
164
Of exile and baniſhment ibid
168
Of public common and private Property 234 Of what the Romans called res communes
170
The entire wealth of a nation and its divifions ibid 236 Two ways of acquiring public property
171
It may allow him the domain and reſerve the uſe of it
172
the revenue ibid
173
Of the eminent domain affixed to fovereignty ibid 245 Of the government with reſpect to public property
174
Of the alienation of the goods of a community ibid 248 Of the ufe of common property
175
The manner in which each ought to enjoy it ibid 250 Of the right of prevention in their uſe ibid 251 Of the fame right in other cafes
176
The fovereign may fubmit them to political laws
177
The nation may alienate its public property ibid 258 The duties of a nation in this reſpect
178
And by the enterprizes of the protector
198
A ſtate ought to keep its rank notwithſtanding the chan ges in the form of its government
212
In this refpect treaties and eſtabliſhed cuftoms ought to be obferved ibid 41 Of the name and honors given by the nation to its conduct or
213
The right of other nations in this reſpect
214
How they may fecure titles and honors ibid 46 They ought to conform to general cuſtom
215
Ofthenatural refpect which fovereigns owe to each other ibid 48 How a fovereign ought to maintain his dignity ibid CHA P IV
216
It produces the right of refiftance ibid 51 And that of obtaining reparation
217
How it is permitted to enter into the quarrel between a fovereign and his fubjects
218
The right of not fuffering foreign powers to interfere in the affairs of government
219
Of theſe rights with reſpect to religion ibid 59 No nation can be conſtrained with reſpect to religion 220
222
CHAP V
223
The fovereign ought to revenge the injuries of the ſtate
224
The exile and baniſhed men have a right to live elfe
229
of deferts and uncultivated places
230
A particular cafe excepted 416
233
of the entering the territory ibid
236
The duties of a ſtranger
237
To what taxes he is fubject ibid 107 Strangers continue members of their own nation ibid 108 The ftate has no right over the perfon of a ſtranger
238
Who are the heirs of a ſtranger ibid 111 Of the teftament of a foreigner
239
Of the right of efcheatage
240
The right of foreign duties
241
Of the Rights which belong to all Nations after the Introduction of Domain and Property 116 What are the rights of which men cannot be deprived
242
Of the right of procuring provifions by force
243
Of the right of carrying off women ibid 123 Of the right of paffage
244
And of procuring what we want ibid 125 Of the right of inhabiting a foreign country
245
Of things the uſe of which is inexhauſtible ibid 127 Of the right of innocent uſe
246
of the nature of this general right ibid 129 And in cafes not doubtful ibid 130 of the exerciſe of this right between nations
247
The general duty of the proprietor ibid 132 Of innocent paffage
248
Sureties may be required ibid 134 Of the paffage of merchandize ibid 135 Of abode in the country
249
Of the right proceeding from a general permiffion
250
Who are to decide the difputes relating to the fucceffion
254
Thofe of the prince ibid
259
He cannot alienate the public property ibid
260
The nation may give him the right of doing it ibid
261
The rules on this fubject with refpect to treaties between nation and nation 179
262
Of the alienation of a part of the ſtate ibid
263
The right of thoſe difmembered 180
265
In thofe that are unequal on the moſt powerful fide
269
Of treaties already accompliſhed on the one part ibid
276
279 What may annul the convention made for the rate
279
Of the alliances of a ſtate that has at length paffed under
282
Of other public Conventions of thofe that are made by inferior Pow
283
To what the fovereign is bound
289
Treaties are facred between nations
295
Of guarantees
301
Duration of the guaranty
303
Of pawns fecurities and mortgages ibid 242 Of the rights of a nation in what relates to a pledge ibid 243 How he is obliged to reſtore it 304
304
the interpretation ought to be made according to certain rules
313
The faith of treaties lays an obligation to follow theſe rules ibid 270 General rule of interpretation ibid 271 We ought to explain the terms conformab...
314
Of the interpretation of ancient treaties
315
Of quibbles on words ibid 274 A rule on this fubject Y
316
278 Of figurative expreffions
317
Of equivocal expreffions ibid 280 The rule of theſe two cafes ibid 281 There is no neceffity of giving a term the fame ſenſe in all the places in which ...
318
We ought to reject every interpretation that leads to an abfurdity
319
And that which renders the act null and without effect
320
Interpretation founded on the connexion of the difcourſe
321
Interpretation founded on the reafon of the act
322
of the cafe where many reaſons concur to determine the will
323
Of what makes a fufficient reaſon for an act of the will
324
Of frauds tending to elude the laws or promiſes
325
Of the reſtrictive interpretation
327
How a change happening in the ftate of things may form an exception
328
The interpretation of an act in unforeſeen cafes
329
Of expreffions capable of an extenfive and confined ſenſe 350
330
The guaranty cannot be injurious to a third perfon ibid
331
What is of uſe to the human fociety is favorable the contrary is odious
332
What contains a penalty is odious ibid 304 What renders an act null is odious ibid 305 That which tends to change the prefent ftate of things is odiou...
333
Interpretation of things favorable
334
Interpretation of things odious
335
Examples
336
Of the collifion of the laws or treaties
337
Rule in cafes of collifion ibid 313 2 Rule
339
Of negociation ibid
346
350 Of what may pafs for a refufal to do juftice ibid
350
Of the law of retortion ibid
352
of reprisals 417
353
Subjects stopped by way of reprisals
355
The right againſt thoſe who oppofe reprifals ibid 353 Juft repriſals do not afford a juſt cauſe for war
356
BOOK III
357
Of Warand its different Kindstogether with the right of making War 1 DEFINITION of war
358
Belongs only to the fovereign power
359
Of War offenfive and defenfive
360
Of the right of levying troops
361
Whether there are any exemptions from carrying arms
362
Soldiers pay and quarters
363
Of hofpitals for invalids ibid 13 Of mercenary foldiers 364
364
What ſhould be obſerved in liſting fuch
365
Of enlifting in foreign countries ibid 16 Obligation of foldiers
366
Of military laws ibid 18 Of military difcipline ibid 19 Of the fubaltern powers in war
367
How their promiſes bind the fovereign ibid 21 In what cafes their promiſes bind only themſelves
368
Of juftificatory reafons and motives for making war
369
What is in general a juſt cauſe of war ibid 27 What war is unjuſt
370
Of decent and faulty motives ibid 31 Of war whenthe fubject is lawful and the motives faulty
371
Of the pretences
372
Of political equilibrium ibid
380
Beginning of hoftilities
386
ciates
397
Or who are in a defenfive alliance with him ibid 99 How a defenfive alliance affociates with the enemy
398
Another cafe ibid 101 In what cafe it does not produce the fame effect ibid 102 Whether it be neceffary to declare war againſt the enemys affociates
399
CHAP VII
400
Conduct to be obſerved by a neutral nation ibid 105 An ally may furniſh the fuccor due from him and remain neuter
401
Of treaties of neutrality
402
Effects of an enemy found in a neutral fhip ibid
408
A paffage may be refufed for a war manifeftly unjuft
414
Of fugitive deferters
419
Of women children the aged and fick ibid 146 Of the clergy of men of letters c 4 20
420
Ofpeafants and in general of all who do not carry arms ibid 148 Of the right of making prifoners of war
421
A priſoner of war not to be put to death ibid 150 How prifoners of war are to be uſed
422
Whether priſoners of war may be made ſlaves
424
of the exchange and ranfom of priſoners ibid 154 The ſtate is obliged to deliver them
425
Whether an enemy is to be affaffinated or poiſoned ibid 156 Whether poifoned weapons may be uſed in war
428
Whether fprings may be poifoned
429
Difpofitions towards an enemy ibid 159 Of regard towards the perſon of a King who is our ene my
430
CHA P IX
431
Of what is taken from the enemy by way of penalty ibid 163 Of detentions for obliging him to give a juft fatisfaction
432
Of contributions
433
Of ſpoiling ibid 167 Of ravaging and burning ibid 168 What things are to be fpared
435
Faith to be facred between enemies
437
What treaties are to be obſerved among enemies 488
439
Or to introduce fuccours ibid
476
From what authority it emanes ibid
482
Of the hoſtage given for the releaſe of a priſoner
487
Conduct to be obſerved by foreign nations
494
Of conventions relating to the ranfom of prifoners ibid
498
Whether a kingbeing a prifoner of warcan make peace ibid
501
The nature of this right 169
503
The treaty of peace obliges the nation and fucceffors
509
Of the penalty annexed to the violation of an article
515
Miniſters of the nation or regents during an interregnum
519
Of him who diſturbs another in the right of embaffy
520
The miniſter of a friendly power to be received ibid 66 Of refident miniſters ibid 67 How minifters of an enemy are to be admitted
521
Whether minifters may be received from or fent to an ufur per
522
CHAP VI
523
Of the reprefentative character ibid 71 Of ambaffadors
524
of envoys ibid 73 Of refidents ibid 74 Of minifters
525
Of confuls agents deputies c ibid 76 Of credentials
526
Of inftructions ibid 78 Of the right of fending ambaffadors ibid 79 Of the honors due to ambaſſadors
527
Reſpect due to public minifters
528
Their perfon facred and inviolable 1
529
Of the time when it commences 580
532
Embaffies betwixt enemies ibid 87 Of heralds trumpeters and drummers ibid 88 Minifters trumpeters c to be refpected even ina civil war
533
By and to whom they may be ſent
534
Independence of foreign miniſters ibid 93 How the foreign minifter is to behave
536
How he may be corrected firft with regard to common faults
538
2d For faults committed againſt the prince ibid 96 Right of ordering away an ambaffador who is guilty or justly fufpected
539
Right of checking him by force if he behaves as an enemy ibid 98 Of an ambaffador forming dangerous plots conſpiracies
540
What is allowable against him according to the exigen cies of the cafe
541
Of an ambaſſador who ſhould attempt the princes life
542
Two remarkable inſtances concerning the immunities of public minifters
543
Whether repriſals may be uſed towards an ambaſſador
544
Agreement of nations concerning the privileges of ambaf fadors
545
Of the free exercife of religion
546
Whether an ambaſſador be exempted for all impoſts
547
Of the obligation founded on uſe and cuſtom
548
Of a minifter whofe character is not public ibid IOS Of a fovereign in a foreign country 54 9
550
CHAP VIII
551
The ambaffador is exempt from the civil jurifdiction of the country where he refides
552
Of a miniſter fubject to the ſtate where he is employed
553
Not to immoveables which he poffeffes in the country
555
How juſtice may be obtained againſt an ambaſſador
556
CHAP IX
557
Of the ambaffadors houſe
558
Of the right of afylum
559
Of the ambaſſadors retinue
560
Of the ambaffadors confort and family ibid 122 Of the fecretary of the embaffy
561
Of the ambaffadors couriers and difpatche ibid 124 The ambaffadors authority over his retinue ibid 125 When the right of ambaſſadors end
562

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