International Law: Or, Rules Regulating the Intercourse of States in Peace and War

Henry Wager Halleck

D. Van Nostrand, 1861 - International law - 907 pages

Contents

• History of International: 1
• The real property of a belligerent state: 3
• Title to such property acquired during war: 4
• Who may become purchasers: 5
• The President cannot confer prize jurisdiction: 9
• Privateers not used in recent wars: 12
• Use of poisoned weapons: 18
• Testimony of ministers how taken: 21
• Full power to negotiate: 27
• Termination of public missions: 33
• Questions agitated in Europe: 35
• CHAPTER II: 42
• The Roman civil law: 55
• Decision of courts of prize: 56
• Adjudications of mixed tribunals: 57
• Decisions of local courts: 58
• Reason of the authority of textwriters: 59
• Treaties and international compacts: 60
• State papers and diplomatic correspondence: 61
• CHAPTER III: 63
• Nor feudal vassalage and paying tribute: 66
• They may impair or destroy sovereignty: 67
• Effect of a union of several states: 68
• A real union: 69
• When a mere confederation: 70
• When a composite state: 71
• Semisovereign states: 72
• A state involved in civil war: 73
• Independence of a revolted colony or province: 74
• Recognition of such independence: 75
• State sovereignty how lost: 76
• CHAPTER IV: 81
• CHAPTER V: 97
• Royal honors: 101
• Emperors and kings: 102
• Rank of republics: 103
• Usage of the alternat: 104
• Language of diplomatic intercourse and treaties: 105
• How regulated: 106
• In foreign ports and on the high seas: 107
• Treaties respecting salutes etc: 108
• General rules established by textwriters: 109
• Salutes between ships and forts: 110
• Ships in foreign ports: 112
• Regulations as to salutes in the British navy: 113
• French naval regulations: 114
• Spanish regulations: 115
• United States army and navy regulations: 116
• Difficulties in the application of these rules: 117
• May be avoided by making all salutes international: 118
• CHAPTER VI: 119
• Conclusivenes of foreign judgments in rem: 176
• CHAPTER VIII: 182
• 81: 189
• 82: 195
• CHAPTER IX: 200
• Foreign divorces: 211
• 84: 234
• Origin of the institution of consuls: 239
• Origin of difference of powers: 256
• Same system extended to China: 257
• Act of parliament: 258
• Treaty between France and China: 259
• French laws and regulations: 260
• Treaty between the United States and China: 261
• Remarks of United States commissioner on this treaty: 262
• Act of congress for carrying it into effect: 263
• Decree of United States commissioner in China: 265
• Controversies between subjects of foreign states in China: 266
• Mr Cushings opinion on this subject: 267
• CHAPTER XI: 270
• Acts of private citizens: 274
• If such acts be ratified: 275
• Pretended emigration and expatriation: 277
• Duties of mutual respect: 278
• Failure in respect not always an insult: 279
• Right to trade: 280
• Declining commercial intercourse: 281
• Imperfect duties: 282
• CHAPTER XII: 289
• CHAPTER XIII: 311
• 86: 328
• By historians: 330
• Wars of insurrection and revolution 331: 331
• Wars of opinion: 332
• National wars: 333
• Wars of intervention: 334
• For the preservation of the balance of power: 335
• Historical examples: 336
• Treaty of Paris and congress of Vienna in 1814 and 1815: 337
• British views of armed intervention: 338
• By invitation of the contending parties: 339
• To stay the effusion of blood: 340
• Public wars: 343
• Mixed wars: 344
• Perfect and imperfect wars: 345
• Effect of subsequent ratification: 346
• Lawful and unlawful wars: 347
• Individual liability for acts of hostility: 348
• CHAPTER XV: 350
• 3 Modern practice of unilateral declaration: 352
• When this may be dispensed with: 354
• Conditional declaration: 355
• United States Constitution on suspension of writ of habeas corpus: 375
• CHAPTER XVI: 381
• Insurgent inhabitants and levies en masse: 387
• Conflicting alliances: 411
• A warlike association: 422
• Vattels opinion: 423
• Policy of treating enemys allies as friends: 424
• CHAPTER XVIII: 425
• Rule of reciprocity: 444
• Limits to this rule: 445
• CHAPTER XIX: 446
• Rules different for different kinds of property: 447
• 456: 456
• CHAPTER XX: 470
• 477: 477
• Laws of different states: 489
• Decisions of French prize courts: 490
• Exemption of vessels of discovery: 492
• Of fishing boats: 493
• In cases of shipwreck etc: 494
• CHAPTER XXI: 496
• Exceptions: 498
• Cases of attempt to evade it: 499
• Withdrawal from enemys country at beginning of war: 500
• Distinction between cases of domicil and mere residence: 501
• Necessity of a license discussed: 502
• Decisions in the United States: 503
• Where order of shipment cannot be countermanded: 504
• Vessels liable to capture during continuous voyage: 505
• Share of partner in neutral house: 506
• Transfer of ships: 507
• Trade by resident or domiciled stranger: 508
• Effect of acceptance of a license from the enemy: 509
• Possessions and colonies of the enemy: 511
• Rule of insurance: 512
• CHAPTER XXII: 513
• Qualified neutrality: 514
• Advantages and resulting duties of neutrality 516: 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
• What constitutes a public notification: 549
• Effect of general notoriety: 550
• When presumption of knowledge may be rebutted: 551
• 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
• Disregard of warning: 559
• Violation of blockade by egress: 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
• CHAPTER XXIV: 569
• Return voyage: 574
• If not contraband at time of seizure: 575
• Destination need not be immediate to enemys port: 576
• Differences of opinion among textwriters: 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
• 97: 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
• Force may be used in the exercise of this right: 609
• But must be exercised in a lawful manner: 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
• Neutral vessels under enemys convoy: 617
• Resistance of master on cargo: 620
• 388: 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
• Violation of neutral duty by a state: 629
• By individuals: 630
• Criminal character of such violations: 631
• 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
• Engaging in enemys commerce exclusively national: 644
• Rule of 1756 and rule of 1793: 645
• Distinction between them: 647
• Application of the rule of 1793 to continuity of voyage: 648
• General result of discussions: 649
• Views of American government: 650
• Change of British colonial policy: 651
• CHAPTER XXVII: 652
• Capitulations: 660
• Individual promises: 662
• Passports and safe conducts: 663
• When and how revoked: 664
• Their violation how punished: 665
• Cartels for prisoners: 666
• Cartel ships: 667
• Their rights and duties: 668
• Ransom of captured property: 670
• Ransom bill: 671
• Recapture of ransomed vessel and ransom bill: 672
• PAGE: 719
• Of captures generally: 724
• Mere association not sufficient: 733
• Collusive captures: 741
• CHAPTER XXXI: 748
• CHAPTER XXXII: 775
• Of the conqueror: 793
• Right of revolution: 795
• Punishing military insurrections: 796
• Historical examples: 797
• Alienations of territory occupied by an enemy: 798
• Alienations made in anticipation of conquest: 799
• Private grants so made: 800
• Transfer of territory to neutrals: 801
• Effect of military occupation on incorporeal rights: 803
• Debts due to the government of the territory occupied: 804
• If former government be restored: 805
• Examples from ancient history: 806
• Examples from modern history: 807
• CHAPTER XXXIII: 810
• Treaties of Peace: 814
• PAGE: 817
• English law on this subject: 822
• American decisions: 823
• Laws of the conquered territory: 824
• Conquered territory under British laws: 825
• Under the United States: 827
• Laws of conquered state how affected by the new sovereignty: 829
• Peace the end and object of war: 844
• 849: 849
• 853: 853
• Real property: 870
• Rights of postliminy modified by treaties and municipal laws: 877
• International law on salvage: 885
• CHAPTER XXXVI: 893

Popular passages

Page 621 - when I venture to lay it down, that by the law of nations, as now understood, a deliberate and continued resistance to search, on the part of a neutral vessel, to a lawful cruiser, is followed by the legal consequence of confiscation." This penalty is not averted by the orders of the neutral

Page 136 - or crimes committed thereon, or in the waters adjacent thereto, are to be held and deemed to have been done or committed on the high seas, on board a ship or vessel belonging to the United States, and be punished according to the laws of the United States relating to such ships or vessels, and offenses

Page 312 - animo, and it is to be considered as a hostile measure, ab initio, against persons guilty of injuries which they refuse to redeem by any amicable alteration of their measures. This is the necessary course, if no compact intervenes for the restoration of such property, taken before a formal declaration of hostilities.

Page 266 - in China, between citizens of the United States and the subjects of any other government, shall be regulated by the treaties existing between the United States and such governments, respectively, without interference on the part .of China.

Page 607 - equality. It is the common highway of all, appropriated to the use of all, and no one can vindicate to himself a superior exclusive prerogative there. Every ship sails there with the unquestionable right of pursuing her own lawful business without interruption.

Page 684 - cannot, on principle, prevent a suit being brought by the captor directly on the ransom bill." Lord Mansfield considered this contract as worthy to be sustained by sound morality and good policy, and as governed by the law of nations and the eternal rules of justice. Licenses to trade, which properly belong to

Page 128 - the right which belongs to the society or the sovereign, of disposing, in case of necessity and for the public safety, of all the wealth contained in the state." But this definition is obviously defective and incorrect. Chancellor Walworth says:

Page 795 - of the American authorities, nor to hold intercourse •with its inhabitants, nor to trade with them. As regards all other nations, it is a part of the United States, and belongs to them as exclusively as the territory included in our established boundaries.

Page 633 - under heavy suspicions, or there be a vehement presumption of bad faith, or gross prevarication, it is good cause for the denial of further proof; and the condemnation ensues from defects in the evidence, which the party is not permitted to supply. The observation of Lord Mansfield, in Bernard!

Page 339 - any account, to be overlooked, nor ought such a force ever to be thrown into one hand, as to incapacitate the neighboring states from defending their rights against it." (Phillimore, On Int. Law, vol. 1, § 396; Hume, Essays, vol. 2, p. 323; Ortolan, Domaine International, tit. 3;

Bibliographic information

• Title: International Law: Or, Rules Regulating the Intercourse of States in Peace and War
• Author: Henry Wager Halleck
• Publisher: D. Van Nostrand, 1861
• Original from: Harvard University
• Digitized: Apr 26, 2007
• Length: 907 pages