§ 76. Crimes committed in a foreign country.

§ 77. Criminals escaping into a foreign country. Extradition.

§ 78. Extradition continued.

§ 79. Political crimes.

§ 80. Appendix. Case of Martin Koszta.

CHAPTER IV.

THE FORMS AND AGENTS OF INTERNATIONAL INTERCOURSE.

SECTION I.

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The Forms of Intercourse, or International Courtesy.

§ 81. General comity between nations.

§ 82. Respect for the reputation of another state. The Hülsemann affair.

Treatment of foreign sovereigns, etc. Ceremonial of courts. Diplo

matic correspondence of states.

§ 83.

§ 84. Ceremonial of the sea. Forms of politeness there.

§ 85. Disputes in Cent. XVII., concerning ceremonies at sea.

SECTION II.

- The Agents in the Intercourse of Nations; or Ambassadors and
Consuls.

§ 86. Persons appointed to manage the intercourse between nations.

§ 87. Origin of the privilege of ambassadors.

§ 88. Temporary and resident ambassadors.

§ 89.

Is there any obligation to receive ambassadors ?

2. Their exterritoriality, as (1.) Immunity from criminal. (2.) From

civil jurisdiction.

§ 92. Immunity of their hotel and goods without right of asylum for crim-

Freedom of private worship.

§ 96.

§ 95. Privileges of ambassador's family and train. His power over his suite.

Limits of his immunity, — ambassador engaging in trade—committing

great crimes.

§ 97.

Relations of an ambassador to a third power.

§ 98. Rank of ambassadors, — ceremonial, — termination of their mission.

§ 99. Consuls. Origin of the consular office. Consuls of the Middle Ages.

§ 100. Functions of consuls. Their jurisdiction out of Christendom. Their

privileges and status. Their privileges in non-Christian countries.

Who can serve as consuls.

CHAPTER V.

OF THE RIGHT OF CONTRACT, OR OF TREATIES BETWEEN STATES.

§ 101. Of contract in general, especially between states. With whom can states

make contracts?

§ 102. What treaties are lawful?

§ 103. Treaties made by a limited sovereign.

§ 104. Treaties procured by fraud, falsehood, or force, not binding.

§ 105. Treaties to do an unlawful thing not binding.

§ 106. Kinds of treaties.

§ 107. Treaties of alliance.

§ 108. Treaties of confederation.

§ 109. Treaties of guaranty. Guaranties of treaties. Origin of guaranties to

treaties.

$110. Other modes of confirming the faith of treaties. Hostages. Pledges_

§ 111. When do treaties begin to be binding?

§ 112. Violation of treaties.

§ 113. Interpretation of treaties. Repugnant clauses and conflicting treaties.

PART II.

INTERNATIONAL LAW AND USAGE IN A STATE OF WAR.

CHAPTER I.

OF A NATION'S RIGHT OF SELF-DEFENSE AND REDRESS OF INJURIES OR OF

WAR, CAPTURE, AND TREATIES OF PEACE.

$114. Of war in general.

SECTION I.-Of War.

§ 115. War and just war, what? Who is to judge of its justice? Are nations
bound to resort to arbitration? Ought an ally to judge?

$116. Rightfulness of war. For what may war be undertaken?

$117. Defensive and offensive war.

$118. Measures for redress falling short of war. 1. Embargo. Hostile em-
bargo. 2. Retorsion. 3. Reprisals. Greek and Roman, mediæval
and modern usage as to reprisals.

$119. Pacific blockade.

$120. Commencement of war.

Declaration. Greek and Roman practice.

Mediæval practice. Modern. Reasons for the modern usage.

§ 121 Declaration of war continued.

§ 122. What notice of a state of war ought to be given?

§ 123. Effects of war. Non-intercourse with the enemy. License to trade.

§ 124. Enemy's property within a belligerent country.

§ 125. Have all in each hostile state a right to wage war?

§ 126. Treatment of enemy's property on land and sea compared.

§ 127. Forces employed in war, especially on the sea.

Privateers.

§ 128. Evils of privateering. Testimony to these evils. Endeavors to stop

it by treaty. Declaration of Paris, 1856. Attitude of the United

States.

129. Restrictions on privateering to prevent its evils.

SECTION II.-Laws and Usages of War, especially on Land.

§ 130. Laws and usages of war somewhat vague, yet improving. Causes of

this amelioration.

§ 131. Fundamental rules of war.

§ 132. Retaliation.

§ 133. Special rules. (1.) As to weapons and ways of injuring an enemy's per-

son. (2.) Allowable weapons in war. (3.) Breach of faith. Solici-

tations to crime.

§ 134. (4.) Treatment of captured persons, especially of soldiers. (5) Treat-

ment of irregular troops.

§ 135. (6.) Of non-combatants and their property. Usages of the Romans, of

the Middle Ages, etc., of the Thirty Years' War, of the time of Louis

XIV., of Frederick the Great, of the English in the American war, of

Napoleon.

§ 136. Summing up.

§ 137. (7.) Of public property.

§ 138. (8.) Sieges and storms of forts and towns.

§ 139. Laws of war on the sea.

§ 140. Commercia belli.

§ 141. Spies.

§ 142. Attempts to ameliorate the practice of war on land. The Brussels Con-

ference.

SECTION III. Of Civil Wars, Wars with Savages, Piracy, and the Slave-trade.

-

§ 143. Civil wars. Wars with savages.

§ 144. Pirates and their treatment.

§ 145. Are crews of rebels' vessels pirates?

§ 146. Is the slave-trade piracy?

SECTION IV. Of Capture and Recapture, Occupation and Recovery of Territory

§ 147 Capture in general, especially from enemies.

§ 148. Property in prizes, how and when begun ?

§ 149. Complete title given by a court.

§ 150. Ransom of captured vessels. Hostages to secure ransom.

§ 151. Recapture. Rights of the original owner. Jus postliminii.

§ 152. Rewards for capture and recapture. Salvage. Its amount.

§ 153. Effects of temporary conquests.

-

SECTION V. Of the Suspension and Close of War, especially of Truce and

Peace.

§ 154. Intercourse in war, (1.) For the purposes of war.

§ 155. (2.) Licenses and safe conducts.

§ 156. Truce or armistice.

§ 157. Time when a truce begins. End of a truce.

§ 158. Peace, what? Of treaties of peace in general. Language used in

treaties.

§ 159. Restrictions on the power to make peace.

§ 160. Effect of treaties of peace.

§ 161. Continued.

§ 162. Time when a treaty begins to be binding.

CHAPTER II.

OF THE RELATIONS BETWEEN BELLIGERENTS AND NEUTRALS.

SECTION I. Of the Obligations and Rights of Neutral States.

§ 163. Doctrine of neutrality of modern growth. Neutrals, who? Gradations

of neutrality. Permanent neutrality. Armed neutrality.

§ 164. Obligation of neutrals to be impartial.

§ 165. To stand aloof from both parties.

§ 166. To be humane to both.

§ 167. The neutral may admit into his ports war vessels of both belligerents.

§ 168. Treaty obligations to do this.

§ 169. What neutrals may not do.

§ 170. Case of the Alabama.

§ 171. Cases doubtful or disputed. Passage of troops.

§ 172. The neutral furnishing troops.

§ 173. What may a neutral's subjects do?

§ 174. Rights of neutrals. Case of the Caroline.

§ 175. Continues § 174.

§ 176. Municipal laws enforcing neutrality.

§ 177. British foreign enlistment act of 1870.

§ 178. Case of the British ambassador in the Crimean war.

§ 179. Relation of neutrals to the parties in an internal war.

§ 180. Recognition of belligerency.

§ 181. Right of stopping trade of neutrals with revolted territories.

SECTION II. — Of the Rights and Liabilities of Neutral Commerce.

-

§ 182. Importance of questions touching rights of neutral trade.

§ 183. Who are neutrals, and what is neutral property?

§ 184. General principles as to liability of goods to capture.

§ 185. Nationality of goods and vessels, as affecting their liability to capture.

§ 186. Treatment of vessels conveying hostile goods.

§ 187. Justice of the rules respecting neutral trade considered.

§ 188. Former practice in regard to neutral trade.

§ 189. Historical illustrations.

§ 190. Declaration attached to the Peace of Paris in 1856.

§ 191. Opinions of publicists.

§ 192. Neutral property in armed enemies' vessels.

§ 193. Contraband of war.

§ 194. What goods are contraband in the usage of nations.

§ 195. Results as to deciding what articles are contraband. Occasional con-

traband.

§ 196. Is it just and sanctioned by usage. Opinions in respect to it.

§ 197. Preemption. English practice in cases of preëmption.

§ 198. Penalty for contraband at sea. Treaty modifying the penalty.

§ 199. Neutrals carrying the enemy's despatches. Case of the Trent.

§ 200. Trade closed in peace but open in war.

§ 201. The same subject continued.

§ 202. Blockade. What places can be blockaded?

ade unlawful? Validity of a blockade.

unlawful.

Why is a breach of block-

Paper or cabinet blockade

§ 203. Evidence of a blockade. What is due notice? What is a discontinu-

ance of a blockade?

§ 204. French and English practice as to notification.

§ 205. Penalty for breach of blockade. Duration of liability to penalty.

§ 206. Attempts to stretch the rules of blockades. Berlin decree. Orders in

Council. Milan decree. British Orders in Council of 1809.

§ 207. Continuous voyages.

§ 208. The right of search. Its narrow limits. Duty of submitting to it.

Treaties often regulate the right.

§ 209. Is there a right of convoy? Historical illustrations.

§ 210. Its justice considered.

§ 211. Neutrals under belligerent convoy.

§ 212. Search during peace to execute revenue laws.

§ 213. Search on suspicion of piracy.

§ 214. Search of vessels on the high sea suspected of hostile designs. Case of

the Virginius.

§ 215. Search of foreign vessels suspected of being slavers, unauthorized.

§ 216. But conceded by treaties between most of the European states. Ex-

amples of such treaties.

$217. Obligations of the United States in regard to the slave-trade. Resolu-

tions of Congress, February 28, 1823. Negotiations in England, and

Convention of 1824, amended by the Senate of the United States,

then rejected by England.

§ 218. Treaty of Washington in 1842. Practice under the treaty.

§ 219. What does the right of search mean? Doctrine held by the United

States. New discussion concerning the right in 1858, 1859. New ar-

rangements with Great Britain in 1862.

$220. Nationality of vessels a legitimate matter for inquiry in peace.

§ 221. Right of search for her seamen, claimed by Great Britain.