§ 61. Individual aliens entitled to protection. Right of asylum, of innocent pas-

sage, of emigration.

62. Relations of aliens to the laws, and their condition.

63. Progress of comity and humanity towards aliens illustrated. Droit d'au-

baine.

§ 64. Exterritoriality, its limits as to sovereigns, ships of war, armies in transit,

vessels in French harbours. Treatment of vessels driven into foreign

waters out of their course.

65. Exemptions to foreigners in certain eastern countries.

66. Aliens parting with the character of aliens. Naturalisation. Rules of seve-

ral nations as to naturalisation.

67. Domicile, what?

68. Conflict of laws as to a particular person.

69. Private international law, what? Its growth. Its leading rules show ten-

dency of nations to similar principles of law.

§ 70. Its leading rules.

1. As to personal capacity. Exceptions on political,

moral, and religious grounds.

71. 2. As to rights of property.

72. 3. As to rights of obligation.

73. 4. As to rights of succession.

74. 5. As to family rights.

75. 6. As to forms of legal acts.

76. Use of courts, how far allowed to strangers. Suits against foreigners.

Proofs. Rogatory commissions.

77. Effects of foreign judgments.

78. Crimes committed abroad may come under two jurisdictions.

79.

Extradition.

80. International copy and patent right.

81. Appendix. Case of Martin Koszta.

CHAPTER IV

THE FORMS AND AGENTS OF INTERNATIONAL INTERCOURSE.

SECTION I.-The Forms of Intercourse, or International Courtesy.

82. General comity between nations.

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

Treatment of foreign sovereigns, &c. Ceremonial of courts.

correspondence of states.

Ceremonial of the sea.

Forms of politeness there.

86. Disputes in seventeenth century concerning ceremonies at sea.

Diplomatic

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

Consuls.

87. Persons appointed to manage the intercourse between nations.

88. Origin of the privilege of ambassadors.

89. Temporary and resident ambassadors.

2. Their exterritoriality, as (1.) immunity from criminal, (2.) from civil

jurisdiction.

§ 926. (3.) Immunity of their hotel and goods-without right of asylum for crimi-
nals. (4.) Immunity from imposts to a certain extent.

92c. (5.) Freedom of private worship.

92d. (6.) Privileges of ambassador's family and train.

(7.) His power over his suite.

§ 92e. Limits of his immunity-ambassador engaging in trade-committing great

crimes.

93. Relations of an ambassador to a third power.

94. Rank of ambassadors-ceremonial-termination of their mission.

95. Consuls. Origin of the consular office. Consuls of the middle ages.

96. Functions of consuls. Their jurisdiction out of Christendom. Their privi-

leges 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.

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

make contracts?

98. What treaties are lawful?

99. Treaties made by a limited sovereign.

100. Treaties procured by fraud, falsehood, or force, not binding.

101. Treaties to do an unlawful thing, not binding.

102. Kinds of treaties.

103. Treaties of alliance.

104. Treaties of confederation.

105. Treaties of guaranty. Guaranties of treaties. Origin of guaranties to

treaties.

106. Other modes of confirming the faith of treaties. Hostages. Pledges.

107. When do treaties begin to be binding?

108. Violation of treaties.

109. Interpretation of treaties. Repugnant clauses and conflicting treaties.

ᏢᎪᎡᎢ II.

INTERNATIONAL LAW AND USAGE IN A STATE OF WAR.

CHAPTER I.

OF A NATION'S RIGHT OF SELF-DEFENCE AND REDRESS OF INJURIES, OR OF
WAR CAPTURE, AND TREATIES OF PEACE.

§ 110. Of war in general.

SECTION I.-Of War.

111. War and just war, what? Who is to judge of its justice? Are nations

bound to resort to arbitration? Ought an ally to judge?

112. Rightfulness of war. For what may war be undertaken?

113. Defensive and offensive war.

114. Measures for redress falling short of war. 1. Embargo. Hostile embargo.

2. Retorsion. 3. Reprisals. Greek and Roman, mediæval and modern

usage as to reprisals.

§ 115. Commencement of war. Declaration. Greek and Roman practice. Media-

val practice. Modern. Reasons for the modern usage.

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

117. Effects of war. Non-intercourse with the enemy. Licence to trade.

118. Enemy's property within a belligerent country.

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

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

121. Forces employed in war, especially on the sea. Privateers.

122. Evils of privateering. Testimony to these evils. Endeavours to stop it by

treaty. Declaration of Paris, 1856. Attitude of the United States.

§ 123. Restrictions on privateering to prevent its evils.

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

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

amelioration.

125. Fundamental rules of war.

126. Retaliation.

127. Special rules (1.) as to weapons and ways of injuring an

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

crime.

enemy's person.

Solicitations to

§ 128. (4.) Treatment of captured persons, especially of soldiers. (5.) Treatment
of irregular troops.

§ 129. (6.) Non-combatants and their property. Usages of the Romans, of the
middle ages, &c., of the thirty years war, of the time of Louis XIV., of
Frederick the Great, and the English in the American war, of Napoleon.

130. Summing up.

131. (7.) Public property.

132. (8.) Sieges and storms of forts and towns.

133. Laws of war on the sea.

134. Commercia belli.

135. Spies.

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

SECTION IV.-Of Capture and Recapture, Occupation and Recovery of Territory.
139. Capture in general, especially from enemies.

140. Property in prizes, how and when begun.
141. Complete title given by a court.

142. Ransom of captured vessels. Hostages to secure ransom.
143. Recapture. Rights of the original owner. Jus_postliminii.
144. Rewards for capture and recapture. Salvage. Its amount.
145. Effects of temporary conquests.

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

146. Intercourse in war, (1.) for the purposes of war.

147. (2.) Licences and safe-conducts.

148. Truce or armistice.

149. Time when a truce begins. End of a truce.

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

151. Restrictions on the power to make peace.

152. Effect of treaties of peace.

153. Continued.

154. 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.

§ 155. Doctrine of neutrality of modern growth. Neutrals, who? Gradations of
neutrality. Permanent neutrality. Armed neutrality.

156. Obligations of neutrals to be impartial.

157. To stand aloof from both parties..

158. To be humane to both.

$159. The neutral may admit into his ports war vessels of the belligerents.

160. What neutrals may not do. Cases doubtful or disputed. (1.) Transit.

161. (2.) Furnishing troops to belligerents.

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162. What may a neutral's subject do?

6

163. Rights of neutrals. Case of the Caroline.'

164. Continued.

165. Municipal laws enforcing neutrality.

166. Case of the British ambassador in 1856.

1666. Relation of neutrals to the parties in an internal war.

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

167. Importance of questions touching rights of neutral trade.

168. Who are neutrals, and what is neutral property?

169a. General principles as to liability of goods to capture.

1696. Nationality of goods and vessels as affecting their liability to capture.

170. Treatment of vessels conveying hostile goods.

171. Justice of the rules respecting neutral trade considered.

172. Former practice in regard to neutral trade.

173. Historical illustrations.

174. Continued.

175. Declaration attached to the peace of Paris in 1856.

176. Opinions of publicists.

177. Neutral property in armed enemies' vessels.

178. Contraband of war.

179. What goods are contraband in the usage of nations?

180. Results as to deciding what articles are contraband. Occasional contraband.

181. Is it just and sanctioned by usage? Opinions in respect to it.

182. Pre-emption. English practice in cases of pre-emption.

183. Penalty for contraband at sea. Treaty modifying the penalty.

184. Neutrals carrying the enemy's despatches. Case of the 'Trent.'

185. Trade closed in peace, but open in war.

186. Blockade. What places can be blockaded? Why is a breach of blockade

unlawful? Validity of a blockade. Paper or cabinet blockades un-

lawful.

§ 187. Evidence of a blockade. What is due notice? What is a discontinuance

of a blockade ?

188. Penalty for breach of blockade. Duration of liability to penalty.

189. Attempts to stretch the doctrine of blockade. Prussian decree.

Berlin

decree. First and second orders in council. Milan decree. British orders
in council of 1809.

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

often regulate the right.

191. Is there a right of convoy? Historical illustrations.

192. Its justice considered.

193. Neutrals under belligerent convoy.

194. Search during peace to execute revenue laws.

195. Search on suspicion of piracy.

196. Search of foreign vessels, suspected of being slavers, unauthorised.

197. But conceded by treaties between most of the European states. Examples

of such treaties.

§ 198. Obligations of the United States in regard to the slave trade. Resolutions

of congress, Feb. 28, 1823 Negotiations in England, and convention of

1824, amended by senate of United States, then rejected by England.

199. Treaty of Washington in 1842. Practice under the treaty.

200. What does the right of search mean? Doctrine held by the United States.

New discussion concerning the right in 1858, 1859. New arrangements

with Great Britain in 1862.

201. Nationality of vessels a legitimate matter for inquiry in peace.

202. Right of search for her seamen claimed by Great Britain.

CONCLUSION.

DEFECTS, SANCTIONS, PROGRESS, AND PROSPECTS OF INTERNATIONAL LAW.

§ 203. Defects of international law. 1. Its uncertainty.

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204. 2. Its narrow limits.

205. 3. There is no umpire in controversies.

206. Projects of peace between nations. 1. St. Pierre's. 2. J. Bentham's.

3. Kant's. Wm. Ladd's essay.

§ 207. Sanctions of international law.

208. Progress and improvement of international law.

209. Its prospects for the future.

210. Importance of the study, especially in this country.

Appendix I. Selection of works relating to international law.

Appendix II. List of the principal political treaties since the reformation.

Appendix III. Notes on some passages in the text.

INDEX.