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

21 The Roman civil law
55
By division of one into two or more separate states
63
Effect of a union of several states
68
CHAPTER IV
81
CHAPTER V
97
Rank of republics
103
General rules established by textwriters
109
Difficulties in the application of these rules
117
Examples of alienation by Bale
119
12 By deeds of gift and bequest
129
Extent of Maritime territory
130
Ownership of islands
131
1C Principle of the kings chambers 13J 17 Difficulties in its application
133
Danish sound dues
135
Black sea how far a mareclausum
136
The great lakes and their outlets
137
Changes in rivers or lakes dividing states
138
Effect of such changes on boundaries
139
Navigable rivers passing through several states
140
Incidental use of their banks
141
This right may be modified by compact
142
Of other European rivers
143
Navigation of the Mississippi
144
33 Of the St Lawrence
145
CHAPTER VII
147
Law of real property
148
Law of personal property
149
Law of contracts
150
Exceptions to rule of comity in contracts
151
Rule of judicial proceeding
153
Law of personal capacity and duty
154
8 Droit daubaine and droit de retraction 165
156
10 Foreign marriages 157
157
Foreign divorces 158
158
Laws of trade and navigation
159
Over real property
166
Private vessels in foreign ports
173
jj35 Of foreign judgments and documentary evidence
180
Sponsions and their ratification
182
Treatymaking power of a state
189
CHAPTER IX
200
Notification of his appointment
231
Dismissal of a public minister
237
Can afford no refuge from civil process
239
Act of parliament
258
Decree of United States commissioner in China
265
In case of famine
270
Acts of private citizens
274
Right to trade
280
21 Duties of humanity 285
285
Each one to determine whether it will grant them
286
Rule and measure of such offices 28V 25 Duty of international friendship
287
CHAPTER XII
289
Amicable accommodation
291
Rejection of offers of mediation
292
Arbitration
294
Retortion
295
Retaliation
296
Ill Nature of reprisals
297
J12 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
21 Opinion of Mr Webster 304
304
22 The New York decision not authority
305
Opinions of European publicists
306
26 General effect of reprisals seizures and embargoes
307
Sir William Scotts opinion of the embargoes of 1803
308
CHAPTER XIII
311
The motives of a war
318
CHAPTER XIV
328
Mixed wars
344
CHAPTER XV
350
CHAPTER XVI
381
11 Use of privateers
391
CHAPTER XVII
411
Tatters opinion
423
Rule of reciprocity
444
The real property of a belligerent state
446
Public libraries and works of art
453
War in the Spanish peninsula
459
Laying waste a country
465
Opinions of Mably and others
471
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
Disregard of warning
559
CHAPTER XXIV
569
Return voyage
574
If not contraband at time of seizure
575
Transfer of such goods from one port to another 675
576
Differences of opinion among textwriters Mt J 14 Views of Grotius and others
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
636
585
Intended use deduced from destination 686
587
Preemption 688
588
26 British rule of preemption 689
589
28 Insurance on articles contraband of war
590
CHAPTER XXV
592
Force may be used in the exercise of this right
609
Opinions of publicists
615
Neutral property in armed enemy vessel
621
384
624
CHAPTER XXVI
628
Maxims of free ships free goods and enemy shipB enemy goods
634
Neutral goods in such vessel
640
CHAPTER XXVII
652
Capitulations
660
Cartels for prisoners
666
539
667
CHAPTER XXVIII
675
Change of national character during voyage
683
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
712
Of treaties and customary law
713
386 387 388
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
719
Of B particular trade
720
This differs from domicil
721
National character of ships and goods
722
CHAPTER XXXI
748
Prize courts in general
754
Decision conclusive
762
Character of proceedings of proofs etc
768
CHAPTER XXXII
775
Writings of publicists 19
776
Of the conqueror
793
Alienations made in anticipation of conquest
799
If former government be restored
805
Subjugation of an entire state
814
Application to naturalized citizens and foreign subjects
820
Under the United States
827
CHAPTER XXXIV
844
Rights of Postliminy and Recapture
865
Towns and provinces
871
Rights of postliminy modified by treaties and municipal laws
877
Quantum of salvage on recaptures
883
A vessel recaptured by her master and crew
889
Conditions to make the treaty binding
895
Duration of guarantees and withdrawal of pledges
897
Rules of Rutherforth
903

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Common terms and phrases

Popular passages

Page 537 - 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 188 - 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 314 - 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 389 - 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 536 - 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 535 - 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 388 - 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 831 - the term ' property,' as applied to lands, comprehends every species of title, inchoate or complete. It is supposed to embrace those rights which lie in contract; those which are executory; as well as those which are executed. In this respect the relation of the inhabitants to their government is not changed. The new government takes the place of that which has passed away?
Page 523 - That if any person shall, within the territory or jurisdiction of the United States, begin or set on foot, or provide or prepare the means for any military expedition or enterprise...
Page 831 - The modern usage of nations, which has become law, would be 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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