Amistad, case of the, § 146.
Amnesty implied in peace, § 161.
Arguelles, case of, § 78 (p. 117).
Armed neutrality, § 163; first in 1780, § 189; second in 1800, § 209. See Ap-
pendix ii., sub annis.
Armistice. See Truce.
Ashburton, Lord, § 174.
Athens. See Greece.
Aubaine, droit de, § 67.
Austria acquires Spanish Netherlands by treaty of Rastadt, App. ii., 1714; also,
Naples, Milan, Sardinia, ibid. ; exchanges Sardinia for Sicily with Savoy, ibid.,
1718; Pragmatic Sanction, ibid., 1735; acquisitions by peace of Passarowitz,
ibid., 1718 ; acquisitions in Poland, ibid., 1772, 1793 ; cedes Netherlands to France,
ibid., 1797; humiliation of, 1805, 1809, ibid.; losses by treaties of Leoben and
Campo Formio, 1797, ibid.; of Lunéville, 1801, ibid.; of Presburg, 1805, ibid.;
of Schönbrunn, ibid.; recovers territory at Congress of Vienna, 1815, 4, ibid.;
losses by peace of Villafranca and Zurich, 1859, ibid.; part in affairs of Schles-
wig-Holstein, see under 1864, ibid.; Peace of Vienna, 1864, ibid., and of Gas-
tein, 1865, ibid.; Convention of Nikolsburg, and Peace of Prague, 1866, ibid.;
separated from Germany, ibid.; naturalization in, § 70; Koszta's case, § 80;
Mr. Hülsemann's case, § 82.
Ayala Balthazar, App. i., p. 417.
Azuni, D. A., App. i., p. 425.
BALANCE of power; meaning of the phrase, § 44; interference to preserve it justi-
fied, ibid.; is a measure of self-defense against apprehended aggressions, ibid.;
limits to its exercise, ibid.; known to the Greeks, § 45; to mediæval Europe,
ibid.; against Austria, ibid; Louis XIV., ibid; Russia in behalf of Turkey,
ibid.
Barbary powers form states, § 36, and are not pirates, § 144.
Belgium, its union with Holland, App. ii., 1815, 9; disruption in 1830, § 50; in-
terference of the great powers in the dispute, ibid.; is neutralized, ibid., and
§ 163.
Belleisle, Marshall, case of, § 97.
Belligerency, recognition of, § 180, our practice in regard to, ibid.; meaning of,
ibid.; Confederate States so regarded by European states, ibid.; not a hostile
Bemis, on American neutrality, § 177; on the case of the Alabama, § 170.
Bentham, J., §§ 9, 226.
Bernard, Mountague, Esq., on the rules of war, §§ 133, 134, 135; on the jural
character of crews of rebels' vessels, § 145; on a neutral's supplying a belliger-
ent with coal, § 167; on the Alabama, § 170; on the British Foreign Enlistment
Act, etc., § 177; on continuous voyages, § 207; on captured vessels escaping into
neutral waters, § 208.
Black Sea, the, free to commerce only, § 61; sketch of negotiations concerning,
ibid., and App. ii., 1856.
Blockade, §§ 202–206; what, § 202; what places are subject to, ibid.; why is a
breach of unlawful for a neutral, ibid.; what is a valid blockade, ibid.; validity
sometimes defined by treaty, ibid.; paper or cabinet blockades unlawful, ibid. ;
evidence of the existence of a, § 203; what is due notice? ibid.; French and
English rules of notification, wherein they differ, § 204; compared, ibid.; when
is a blockade discontinued, § 203; penalty for breach of, § 205; duration of lia-
bility to penalty, ibid.; attempts to stretch the doctrine of blockade, § 206; Ber-
lin and Milan decrees, orders in council, ibid.
Blocking up of harbors, § 181; a lawful measure of defense in war, ibid.; treat-
ment of harbors in modern warfare against an enemy, ibid.
Bluntschli, Dr. J. C., cited, § 40, note; § 53 (Staatsr.); § 118, on reprisals; § 160,
on the effects of war upon previous treaties; § 196, objects to provisions being
regarded as contraband.
Brandschatz (German), § 139.
Brussels, Conference of, in 1874, on the rules of war upon the land, § 142; Eng-
land's attitude as to it, ibid.; leading rules proposed, ibid.; opposition to by
England and the smaller states, ibid.; opinions of publicists as to, ibid.
Comp. § 166.
Bulmerincq, on extradition, cited, § 78.
Bundesstaat and Staatenbund (German), § 108.
Burning of vessels captured at sea, § 148. Comp. "Dobson's Reports," infra.
Bynkershoek, Cornelius van, often cited, as in §§ 56, 84, 85, 86, 88, 90, 91, 92, 93,
95, 96, 97, 100, 111, 121, 124, 133, 144, 148, 151 note, 153, 154, 163, 164, 191,
196, 198. See App. i., p. 420.
CESAR'S "Gallic War," cited, § 86.
Calhoun, J. C., on the Monroe Doctrine, § 48.
Calvo, C., cited, § 62, bis; § 68; § 148; § 160; § 163; § 179; § 186; § 227.
Canon Law on the Pope's dispensing power, § 8.
Capacity, the jural, of a person determined by the law of his domicil, § 74; im-
portant exceptions to this rule, ibid.
Capitulations in war, § 154.
Capture in war, § 147, et seq.; of private property still allowed on the sea, ibid.
See Neutral Trade, Prize, Rules of 1856.
Caroline, the, case of, § 174; correspondence of Mr. Webster on the, ibid.
Carrying an enemy's dispatches by a neutral, § 199. Comp. Trent case.
Challenges before war, medieval practice of, § 120.
Ceded territory, rights of inhabitants of, § 161; modern privileges granted to them,
§ 54; what is conveyed by the cession, § 161.
Ceremonial of the sea, § 84; of courts, § 83; § 98. Comp. § 52.
Chevalier, Michael, cited, § 124.
Chesapeake, the, case of, § 174.
China, treaties of, App. ii., 1858; exterritorial jurisdiction granted to the United
States by, § 69; prerogatives of consuls in, § 100.
Chivalry, its influence on international law, § 8.
Christianity, its influence on European international law, §§ 7, 8.
Cicero, "De Officiis," cited, § 120.
Coal, is it a munition of war? § 167.
Coasting and colonial trade open to neutrals in war, § 200; rule of 1756, ibid. ; is
it a violation of rights for a belligerent to prohibit this trade? § 201.
Cocceii, S. de, on Grotius, cited, § 196.
Coke, Sir Edward, his "Institutes " cited, § 8, note; § 88, note; § 96.
Comity, § 24; what it includes, ibid. ; the foundation of private international law,
§ 73; comity or courtesy, § 81 et seq.
Confederation, treaties of, § 108; confederation of the Rhine, App. ii., 1806; con-
federation of German states, ibid., 1815 (8).
Conference of Brussels, § 142. For political conferences, see Treaty.
Conflict of laws, or private international law, § 73; its growth, ibid.
Congress of Cambray, App. ii., 1718; Rastadt, ibid., 1797, under peace of Campo
Formio; of Vienna, ibid., 1815; act of concerning rivers, § 62; on rank of am-
bassadors, § 98; on neutrality of Switzerland and part of Savoy in war, § 163.
Conquest, is there a right of? § 21; Mably on, ibid., note.
Consolato del mare, § 189; App. i., p. 414.
Consuls, origin, § 99; functions and duties, § 100; jurisdiction in some non-
Christian countries, ibid.; privileges and status, ibid.; are sometimes natives of
the country of their residence, ibid.
Continuous voyages, rule of, § 207; origin, ibid.; first related to colonial trade
carried on by neutrals, ibid.; the doctrine in its wider application by our courts,
ibid.
Contraband, §§ 193-199; meaning of bannum and contrabannum, § 193; justice
of prohibiting certain trade with an enemy, ibid.; formal explanation of its
commencement, ibid., note; what goods are contraband, § 194; naval stores?
ibid.; provisions? ships ready for use? ibid. Doctrine of occasional contra-
band, § 195; is it just and sanctioned by usage? 196; Kent, Wheaton, and
Heffter on, ibid. Preëmption, § 197 (see that article). Penalty for contra-
band trade, § 198; treaties sometimes modify the penalty, ibid. Conveyance
of troops, ships, despatches to the enemy, by a neutral, § 199; Trent, case of
the, ibid.
Contract, right of. See Treaty.
Convention. See Treaty. Convention of 1824 concerning search for slaves.
See Search.
Convoy, is there a right of? § 209; history of modern disputes concerning, ibid.;
gave rise, mainly, to second armed neutrality, ibid.; allowed by conventional
law of many states, ibid.; justice of the right of convoy, § 210; neutrals under
belligerent convoy, § 211; dispute between the United States and Denmark con-
cerning it, ibid.; is a departure from neutrality, ibid.
Cotton, Sir Robert, on rights of ambassadors, § 96.
Courtesy, international, § 82 et seq.
Courts apply foreign law in some cases, § 72. See Private International Law.
Creole, case of the, § 74.
Crimean war, relaxation of belligerent sea-law in, §§ 124, 190; as to fishermen,
$186.
Crimes of subjects committed in foreign parts punished by some nations at home,
Curtis, G. T., on the case of the Virginius, § 214.
Custom, a source of international law, § 28.
DAMM, sea-laws of, App. i., p. 414.
Dana on Wheaton, § 55, n.; §§ 128, 143, 153, 174 bis, 180, 196 (where he cor-
rects this book), 214.
Danish Straits, dues for passing through demanded by Denmark, § 61; origin of
the claim, ibid.; now extinguished by a payment of money, ibid.
Danube, free for navigation after Crimean war, § 62. Comp. App. ii., under
the years 1856, 1878.
Danubian Principalities, Russia becomes in a degree their protector, App. ii., 1826,
1829; provisions of Peace of Paris concerning them, ibid., 1856; a new polity
is given to them, ibid., 1858; they unite, finally, under a prince, 1866; Turkey
consents, ibid; they become entirely independent by treaties of S. Stefano and
Berlin, ibid., 1878.
Dayton, W. L., on an offer of the United States to accede to declaration of Paris,
§ 128.
Declaration of Paris, §§ 128, 190, 202.
Declaration of Pilnitz, § 47.
Declaration of war, necessary in Greece and Rome, § 120; in Middle Ages, but
not in modern times, ibid.; why? ibid.; examples of wars without declarations,
§ 121.
Decree or recés of the Reichsdeputation ratified by the German Diet. (1803.)
App. ii., under that year.
Demosthenes contra Aristocratem, on restoring exiles, cited, § 77, note.
Denmark, concessions of, to Sweden, App. ii., 1660; gains from Sweden, 1721;
gives up Norway, App. ii., 1814, Swedish Pomerania, and Rügen, to Prussia
same year; the Sound, dues of, § 61; a part to the two armed neutralities,
§§ 189, 209; dispute with the United States on belligerent convoy, § 211; dif-
ficulties in Holstein and Schleswig, App. ii., under 1848 and following years;
peace of Vienna, ibid., 1864.
Dietz, F., etymology of Ambascia, § 86.
Dillon, French Consul at San Francisco, case of, § 100.
Dionysius of Halicarnassus on covert warfare, § 133, note.
Discovery, claim from, examined, § 55.
Dispensing power of the Pope. See Canon Law, Pope.
Divisions of international law, Vattel's, faulty, § 26; Wheaton's, ibid.; other
divisions, § 27.
Dodson's Reports cited, on burning prizes taken at sea, § 148.
Domicil, what, § 71; Roman law on, ibid.; definitions of Vattel, Savigny, Story;
can be changed, ibid.; rules for determining the, ibid.; can there be more than
one? ibid.; domicil of a person under another's power, ibid.; does purpose to
return after a long period prevent the acquiring of domicil? ibid. Law of domi-
cil controls as to jural capacity, § 74; important exceptions, ibid.; as affecting
nationality of person and goods in war, § 183.
Droit d'Angarie, § 118, n.
Du Cange, on mediæval consuls, § 99.
Dumont, collection of treaties by, § 110, and App. ii., often.
Dunkirk dismantled and its harbor ruined by a provision of the Treaty of Utrecht
between Great Britain and France, App. ii., 1713, 1. Comp. § 181.
Duplaine, French consul at Boston, case of, § 100.
Dutch Republic. Its independence acknowledged by treaty with Spain, App. ii.,
1648; Treaty of Breda, ibid., 1667; a party to treaties of Nimeguen, Ryswick,
the partition treaties, Treaty of Utrecht, ibid., 1678, 1697, 1698, 1713; to third
barrier treaty, ibid., 1715; to the Triple Alliance, ibid., 1717; to the Treaty of
Aix-la-Chapelle, ibid., 1748; to peace of with England in 1784, ibid.; con-
quered by Napoleon, and becomes the Batavian Republic (under 1792); a mon-
archy, 1806; annexed to France, 1806, p. 461; united with part of the Austrian
Netherlands into a Kingdom of the Netherlands at the Congress of Vienna, ibid.,
1815; disruption, § 50; disputes with England on the ceremonial of the sea,
§ 85.
"EDINBURGH REVIEW," No. 156, § 3; No. 15, § 128.
Embargo, civil and hostile, § 118; hostile hardly falls short of war, ibid.
Emigration, right of, § 65.
England. Her claims over the narrow seas around the island, § 60; now in de-
suetude, ibid.; doctrine of inalienable allegiance, §§ 70, 221; now abandoned,
§ 70; claims of respect for her flag, § 85; disputes with Holland on that ac-
count, ibid.; law of, to protect ambassadors, § 96; former opinions in regard
to their rights, ibid.; reprisals by, in Middle Ages, § 118; carried out the so-
called right of pacific blockade, § 119; usages in civil wars of Cent. XVII,
§ 138; earlier and later practice, §§ 135, 138; efforts to put an end to the slave-
trade, § 146; it is pronounced to be piracy, ibid.; prize courts, § 149; usage as
to ransom, § 150; rewards offered for capture on the sea, § 152; refuses to aid
loans to belligerents by suits before its courts, § 173; recognized the Confed-
erates as belligerents, § 180; doctrine as to neutral trade in war, §§ 185, 189;
a party to the Declaration of Paris in 1856; doctrine as to occasional contra-
band, § 196; as to preemption, § 197; as to trade of neutral with belligerent
opened in war, § 200; as to notice of blockade, § 204; as to blockade of ex-
tensive coasts (formerly), § 206; Orders in Council, ibid.; doctrine as to convoy,
§ 209; practice as to search, § 212; discussions with United States on search
and visit, § 219; especially on search for slaves, ibid.; treaties of the two on
putting down slave-trade, §§ 217, 218, 219, end. England acquires New Nether-
lands at the Peace of Breda, App. ii., 1667; acquisitions by Peace of Utrecht,
from France, ibid., 1713; gets Gibraltar and Minorca from Spain (1713);
gains at Treaty of Paris, ibid., 1763; concessions by treaties of Paris and Ver-
sailles (1782, 1783); independence of the United States acknowledged, ibid.;
gains Negapatam from Holland, 1783, ibid.; how affected by peace of Amiens,
1802, ibid.; her part in the great coalition against Napoleon, 1813, ibid.; her
gains by treaties of 1814, 1815, ibid.; treaty concerning Greece, 1827, ibid.;
treaty concerning a king for Greece, 1832, ibid. (also in 1863, ibid.); part in the
affairs of Turkey, in 1840, 1841; in peace of 1856, and the treaty modifying it in
1871, ibid.; in treaty of Berlin, 1878, and separate treaty with Turkey, same
year, ibid. Treaties with United States at Versailles, 1783, u. s.; commercial
treaty of 1794 (comp. §§ 124, 168); treaty of peace at Ghent, 1814, ibid.
(comp. §§ 59, 217; convention of 1818, on fisheries, § 59; reciprocity treaty
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