Ships, how far territory, § 58; foreign merchant ships, their relations to French
law in French ports, § 68; neutrals, see Neutral Trade.
Sieges, licenses of soldiers in, § 138; may be checked, ibid.
Slavery, § 74, its local character; shaken off by change of domicil, ibid; will not
revive by return to prior domicil; compare cases decided by courts of Louisiana,
ibid., note, p. 110; case of the Creole, ibid., end.
Slave-trade, prohibitions of, § 146; made piracy by the United States in 1820,
ibid.; by Great Britain in 1824, ibid.; made such by treaties of several states,
ibid.; but not by international law, ibid. Comp. Treaty of Washington in 1842,
Search.
Sovereigns, treatment of on foreign soil, §§ 68, 83; marks of respect to, §§ 83, 84;
cannot be sued in foreign courts, § 68, note, p. 96; have no special privileges
when suing in foreign courts, ibid.
Sovereignty, what? § 37; of a state differs from that of a prince, § 38, note; in-
volves independence and equality of state powers with those of other states,
ibid.; qualified in the case of confederate and protected states, ibid.
Spain, Treaty of Madrid with France, App. ii., 1526, p. 430; of Cambray, 1529,
ibid.; with the Dutch at Münster, 1648, acknowledging their independence,
p. 437; Peace of the Pyrenees with France, same year; Treaty of Lisbon, ac-
knowledging the independence of Portugal, 1668, p. 438; its part at the trea-
ties of Nymwegen, Ryswick, and Utrecht, pp. 439, 440, 443, 444; arrangements
in consequence of the wars of the Quadruple Alliance, 1718, p. 446; part in the
Treaty of Vienna, 1735, 1738, p. 447; of Naples, 1759, p. 448; in the "family
compact," 1761, p. 448; in the Peace of Paris, 1763, p. 449; in the Peace of Ver-
sailles, 1783, p. 452; peace with France, 1795, p. 454; Treaty of St. Ildefonso,
1800, comp with Treaty of Madrid, 1801 (see under Treaty of Lunéville, 457);
secret treaties of Fontainebleau with Napoleon, 1807, p. 464; refusal of Spain
to sign the final act of the Congress of Vienna, 1815, p. 470, comp. the act,
13; interference in the affairs of Spain, §§ 47, 48; treaty of, with Great Britain
in 1817, conceding search for slavers, §§ 146, 216.
Sponsio, what, and whether obligatory, § 102.
State, what, § 36; pirates constitute no state, ibid.; the Barbary powers now
states, ibid., and § 144.
Story, Judge, on domicil, § 71; his "Conflict of Laws," § 73; on jural capacity, as
affected by domicil, § 74; his opinion on neutral's selling armed vessels of war,
§ 193, note; also § 194; on coasting trade opened to neutrals in war, § 201.
St. Pierre, the case of, § 208, p. 368.
St. Pierre, Castel de, the Abbé, on public arbitration, § 226.
Sully (then Marquis of Rosny), case of servant of, § 95.
Surety, how different from guaranty? § 109.
Sweden, gains by Peace of Westphalia, App. ii., 1648, p. 433; guarantees the
treaty, p. 436; Wheaton's remark on this, ibid. ; losses by Peace of Nystadt,
1721, p. 446; cessions to Russia in 1809 by Peace of Friedrichshamm, p. 464;
united with Norway by Peace of Kiel in 1814, p. 468.
Switzerland, independence of acknowledged at Peace of Westphalia, p. 434; neu-
tralized at Congress of Vienna, § 163; its practice of furnishing troops, espe-
cially to France, § 172; probably lost the right to do this by being neutral-
ized, ibid.
Tacitus on secret warfare cited, § 133.
Talleyrand on the rules of war, § 136, note.
Territory, what, how acquired, §§ 55, 56; are vessels territory, § 58; mouths of
rivers, bays, neighboring seas, §§ 56, 60.
Thirty Years' War, usages of war in, § 134; treatment of non-combatants in, §
135; mode of supporting armies in, ibid.; fate of Magdeburg and Wurtzburg
in, § 138.
Title to capture at sea, how and when acquired, §§ 148, 149.
Torpedoes used in modern warfare, § 133.
Trade closed in peace but open in war, §§ 200, 201; Judge Story holds coasting-
trade proper to be justly visited with confiscation, § 201; Hautefeuille on the
rule of 1756, ibid. ; other opinions, ibid.
Treaty or contract, right of, § 101; with whom made, ibid.; by whom, § 102; in a
close confederation, only by the central power, ibid. ; made by a limited sovereign,
how far binding, § 103; extreme case of, in a confederation, ibid.; obtained by
fraud or by force, not binding, § 104; cannot bind to do wrong, § 105; kinds of,
§ 106; treaties of alliance, § 107; defensive alliance, what, ibid.; of confedera-
tion, § 108; of guaranty, § 109. (See Guaranty.) Confirmation of treaties by
solemn forms, hostages, pledges, § 110. (See, also, Hostages.) Treaties binding
when agreed upon, if nothing is said to the contrary, § 111; can ratification be
withheld, after full power is given to an agent, ibid.; violation of, § 112; inter-
pretation of, § 113; language generally used in, § 158.
Treaties referred to or mentioned in Appendix ii. (For treaties of peace, see
Peace. Comp., also, Alliance, Convention, Congress.) Treaty of Madrid, § 104,
App. ii., 1526; Cambray, 1529; Crespy, 1544; Capitulation of Wittenburg,
1547; Passau, 1552; Augsburg, 1555; Cherasco, 1631; Oliva and Copenhagen,
1660; triple alliance, 1668; Lisbon, same year; partition treaties, 1698 and 1700;
barrier treaties in 1709, 1712, 1715, pp. 444, 445; triple alliance, 1717; quad-
ruple, 1718; Treaty of Vienna, 1735, 1738; of Naples, 1759; the family com-
pact, 1761; Treaty of Genoa, giving up Corsica to France, 1768; partitions of
Poland, 1772, 1793, 1795; first armed neutrality, 1780; declaration of Pilnitz
1791; Congress of Rastadt, 1797 second armed neutrality, 1800; Treaty of
France, ceding Louisiana to the United States, 1803; treaties of Fontainebleau,
1807; various treaties and coalitions before the downfall of Napoleon, 1812,
1814, pp. 466-469; convention of Ackerman, 1826; Treaty of London, on the
affairs of Greece, 1827; treaty separating Belgium and Holland, 1831; conven-
tion of London, touching a king for Greece, 1832; convention of Unkiar-Skelessi,
promising aid from Russia to Turkey against Mehemet Ali and his son, 1833;
Treaty of Washington, 1842; treaty between Italian princes, 1844; Treaty of
Guadalupe-Hidalgo ceding Mexican territory to the United States, 1848; several
treaties of China with Christian powers, 1858; treaty relating to a king for
Greece, 1863; treaty uniting Ionian islands with Greece, 1864; treaties relating
to the difficulties in Schleswig-Holstein, see under 1864; convention of Gastein,
1865; of Nikolsburg in 1866; of Washington for settling claims and difficulties
between the United States and Great Britain, 1871.
Trent, the, case of, § 199.
Truce, or armistice, § 156; general and special, ibid.; by whom made, ibid.; time
of beginning of, § 157; what can be done in a truce, ibid.; especially in the case
of besieged places, ibid.
Turkey is in the international system of Europe, § 5; its integrity guarantied by
the signatories to the Peace of Paris, App. ii., 1855; its rights over the straits
confirmed as part of the public law of Europe, § 61; treaties of London, 1840,
1841; Peace of Carlowitz with the emperor, App. ii., 1699; of Passarowitz
with the same, 1718, ibid. ; its various treaties with Russia. (See Russia, and
the years 1774, 1792, 1812, 1826, 1829, 1833, 1856.) Peace of Paris with the six
powers, App. ii., 1856; negotiations then and afterwards as to the principalities,
see under that treaty; Treaty of San Stefano, 1878; of Berlin, ibid. (See
under those years.)
Twiss, Sir Travers, on the effect of war upon previous treaties, § 160; on arbitra-
tion, § 227; cited, also, §§ 202, 208.
ULPIAN, on jus naturale, as explained by Savigny, § 10; no postliminy, when
pirates are the captors, § 146, note.
Union of Utrecht, in 1579, App. ii., p. 432.
United States of America, their independence acknowledged at Treaty of Ver-
sailles, App. ii., 1783; Treaty with Great Britain in 1794, § 78 (p. 118), § 124
(p. 203); Treaty of Ghent, 1814, §§ 59, 217; convention of 1818, on the fisheries,
§ 59; Reciprocity Treaty of 1854, ibid.; Treaty of Washington in 1842, § 78;
Treaty of Washington in 1862, § 219 (on the right of search); treaty with Prus-
sia in 1785, §§ 128, 198; Treaty of Washington in 1871 (see Washington); af-
fairs with Denmark, §§ 61, 180, p. 302, § 211; naturalization in, § 70; right of
negotiation, to whom pertaining, in, § 37; central government responsible for
injuries committed by states, ibid.; limits on treaty-making power of, § 103;
position as to hostile property in the country, § 124; treaty with England in
1794 on this point, ibid.; attitude as to privateering, § 128; as to neutrality,
SS 176, 178; as to declaration of Paris, §§ 128, 190; as to freedom and liabilities
of neutral trade, § 191; as to preëmption, § 197; as to law of blockade, § 206;
as to belligerent convoy, § 211; as to search, § 217 et seq.; law of, on tranship-
ment of goods, § 212; naturalization arrangements, § 70; extradition arrange-
ments, § 78.
VALENTINIAN I., the Emperor, law of, § 193.
Vattel, App. i., p. 420; often cited, as §§ 26, 63, 68, 71, 100, 102, 107, 109, 110,
113, 118, 122, 124, 136, 157, 159, 169, 171, 196.
Vergé, on De Martens, cited §§ 124, 128 note.
Verona, see Congress.
Virginius, case of, § 214.
Voyages, continuous, § 207. The doctrine originated by Sir W. Scott, in rela-
tion to neutrals stopping at a neutral port, on a voyage between belligerent
ports, ibid.; extended to vessels carrying contraband, by courts of the United
States in war of secession, ibid.
WAR, § 114 et seq.; a just war, § 115; who is to judge? ibid.; nations not bound
by international law to submit to arbitration, ibid.; ally may judge of lawful-
ness of, ibid.; principal reasons for a just war, § 116; kinds of, § 117; meas-
ures, falling short of, § 118 (see Embargo, Retorsion, Reprisals); Pacific block-
ade, § 119; declaration of, § 120; declaration in later times not always observed,
§ 121; what notices of war must be given, § 122; effects of a state of, § 123;
is a hostile relation of states, not of individuals, ibid.; but implies cessation of
intercourse between the subjects of the belligerents, ibid.; license to trade with
enemy's subjects, ibid.; property of individuals confiscable, but not now often
confiscated, § 124; who has a right to wage war, § 125; treatment of hostile
property on the land and on the sea, § 126; sea warfare, §§ 127-129 (see Pri-
vateers); rules of war, especially on the land, §§ 130-142; vagueness of,
§ 130; but growing in mildness, ibid.; causes of this, ibid.; fundamental rules
of, § 131; retaliation, § 132; unlawful ways of injuring enemies in war, § 133;
treatment of captured persons, § 134; of irregular troops, ibid.; of non-com-
batants and their property, § 135; summing up, § 136; especially as to contri-
butions and requisitions, ibid.; treatment of public property, § 137; usage in
sieges and storms of forts, § 138; laws of war on the sea, and in descents
upon the coast, § 139; commercia belli, § 140; spies, § 141; modern endeavors
to mitigate the evil of warfare, § 142; Dr. Lieber's rules prepared for the gov-
ernment of the United States, ibid. ; rules of the convention at Geneva in 1864,
ibid.; of that at St. Petersburg in 1868, ibid.; the convention at Brussels in
1874;
rules agreed upon, ibid., pp. 236-239; but opposed by some states, and
not carried into effect, ibid.; opinion of the "Institut du Droit" upon them,
ibid., p. 239. Civil war, § 143; wars with half civilized or uncivilized nations,
ibid.; with pirates, § 144; who are pirates? ibid.; crews of rebel vessels in
regular war are not pirates, § 145; the slave-trade is not piracy, except by the
laws of particular states, § 146; allies in war ought not to make peace sepa-
rately, 159; war ends certain treaties, but not others, § 160.
Ward, Robert, "History of the Law of Nations," §§ 8, 34; often cited, especially
§§ 52, 88, 95, 96, 104, 118, 120, 133; inquiry into the manner in which wars
have commenced, etc., § 121.
Warden, D. B., on consuls, § 100.
Warnkönig, Prof. L. A., on jus albinagii, § 67; App. i., p. 414.
Washington, Treaty of, in 1842, on extradition, § 78; on the right of search,
§ 218. Treaty of, in 1871, summary of, App. ii., 1871; on the Alabama case,
articles 1-17; on the fisheries, etc., articles 18-33; on part of the boundary line
on the Pacific, articles 34-42; rules for the arbitration at Geneva, p. 499; de-
cision of the court of arbitration at Geneva, ibid.; decision of Emperor of Ger-
many on the boundary line, in 1872, p. 471; decision on the point submitted
concerning the fisheries, etc., in 1877, ibid.
Webster, Daniel, on ships driven into foreign harbors, § 68, end; on the case
of the Creole, § 74, end; on a complaint of Austria against the United States,
§ 82; on the meaning of the right of search, § 219; on the impressment of
British subjects from neutral vessels in war, § 221. See, also, § 174.
Wheaton, Henry, App. i., p. 422; his "History of International Law,” §§ 49, 47,
60, 200, 221, 225, 229; App. i., pp. 417, 419; his "Elements," very often cited,
as in §§ 26, 37, 42, 51, 59, 60, 62, 69, 91, 93, 98, 100, 107, 109, 111, 159, 160,
183, 191, 195, 199, 201, 203, 208, 211, 219, 226.
Whewell, W., § 17, note.
Wicquefort, Abr. de, case of, § 91.
Wildman, Richard, cited, §§ 12, 16 (note), 148; on burning prizes taken at sea,
§ 148; on the ransom-contract, taken in the recaptured vessel, § 150; cited, § 152 ;
on licenses to trade, § 155; on cruisers' violations of neutral territory, § 174;
on treatment of vessels engaged in the enemy's coasting trade, when captured,
§ 186.
Wolf, Christian von, App. i., p. 419, and Wheaton's remarks on his “Institu-
tiones juris Naturæ et Gentium," and "Jus Gentium " (Hist., pp. 176-183).
Writers of works relating to international law, a selection of, App. i., pp. 413–
429; on its literature and history, p. 413; collections of early sea-laws, 414; of
treaties, 415, 416, 427; diplomatic history, 416; (1) treatises on the science in
general, before Grotius, 416, 417; from Grotius to J. J. Moser, (especially Gro-
tius, 417, 418; Puffendorf 418, Rachel, Wolf, 419, Vattel (under Wolf), Byn-
kershoek, 420); from Moser to 1860, 421-427; (especially Moser, G. F. de
Martens, Klüber, 420, Bentham, Kent, Wheaton, Manning, Heffter, Wildman,
422, Phillimore, Twiss, 423; (2) Essays and Tracts, (a) on ambassadors and
consuls, 423; (b) on private international law, 424; (c) on property of states,
sovereignty over seas and rivers, 424, 425; (d) on maritime law, rights of neu-
trals, capture, etc., 425, 426. Collections of treaties, especially of particular na-
tions, 429. Writers since 1860 arranged alphabetically, 427–429.
ZOUCH, Richard, § 9 ; App. i., p. 418.
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