of 1854, ibid.; Treaty of Washington in 1842, on boundaries, etc. (Comp. for
rules of extradition there made, § 78; for arrangements to suppress the slave-
trade, §§ 218, 219; for discussions on right of search for British subjects on
American vessels on the sea, § 221.) Treaty of Washington in 1871, ibid.;
awards under it, ibid.
Enlistment Act, British, of 1870, § 177.
Equality of sovereign states is equality of political rights, § 52; is not inconsis-
tent with differences of rank in courts, ibid.; disputes, especially between
France and Spain, as to rank, ibid.; present rules of rank, ibid.; distinctions
fading out, ibid.; comp. §§ 81-83.
Escape or rescue. A neutral not bound to surrender vessels or crews that have
escaped from belligerents, § 208.
Exterritoriality, what, § 68; its limits, ibid.; application to foreign sovereigns in a
friend's country, ibid.; to vessels driven into foreign harbors, ibid.; to residents
from Christian states in Oriental countries, § 69; to ambassadors, § 91 et seq.;
broader and narrower import of the term, ibid.; implies immunity from foreign
civil and criminal jurisdiction, ibid. ; immunity of hotel and goods, § 92; a cer-
tain freedom from imposts, ibid.; liberty of worship, § 94; immunity of family
and train, limited as to the latter, § 95; but no supreme power over his suite,
Extradition, § 77; not of strict obligation, ibid.; political exiles not delivered up by
free countries, § 79; two methods of extradition, by treaty, and as cases calling
for it may arise, § 78; extradition treaties of the United States, ibid.; formed
on no one plan, ibid.; with Great Britain, ibid.; cases of Napper Tandy and
Arguelles, ibid.; treaties of other nations, ibid.
FEUDALISM, its influence on international law usage, § 8.
Field, D. Dudley, cited, § 69; his plan of public arbitration, § 225.
Fisheries on the high sea free, § 59; questions as to, between Great Britain and
the United States, ibid. (See also Treaty of Washington, App. ii., 1871.) Coast
fisheries of enemies not disturbed by some nations, § 186.
Flassan, his " Histoire de la Diplomatie Française," §§ 88, 104, 109; his "Histoire
du Congrès de Vienne," App. ii., under 1815.
Fælix, "Droit International Privé,” §§ 70, 74, 75.
Foreign judgments. See Judgments.
Foreigners. See Aliens.
Forms of politeness on the sea, § 84.
Foster, Sir Michael, on rights of ambassadors, § 96.
France, acquisitions by Peace of Westphalia, App. ii., under 1648; renuncia-
tion by treaties of Utrecht, under 1713; abandons the Pretender, under 1697,
1713; acquires Corsica, under 1768; concession of to England, under 1763;
treaties of consular and imperial France, from 1795 to 1815; joins the Holy Al-
liance, App. ii., under 1818; a party to Treaty of London in 1827; see that year;
to convention touching Greece, App. ii., 1832; to treaties of Paris in 1856, 1871,
App. ii.; treaty with China, 1858, ibid.; treaties at Villafranca and Zurich,
1859, ibid.; Savoy and Nice ceded to France same year, ibid.; peace of Ver-
sailles with Germany, 1871, ibid.; France loses Alsace and part of Lorraine,
ibid.; Droit d'Aubaine in France, § 67; usages as to foreign vessels of com-
merce, § 68; naturalization in, § 70; refuses to comply with English ceremonial
of the sea, § 85; reprisals, French usage and law of, § 118; decision of court af-
fecting right of pacific blockade, § 119; usages of war in Cent. XVI., § 134; af-
terwards, §§ 135, 138; usages as to neutral trade, § 189; as to coast fisheries,
§ 186; as to notice of blockade, § 204; stretched the rules of blockade under
Napoleon, § 206; ancient ordinances on contraband, § 198; treaty of, concern-
ing search for slaves, § 216; withdrew its consent, ibid.
Francis I. of France, § 104. Comp. App. ii., under 1526.
Frankfort-on-the-Main annexed to Prussia, App. ii., under 1866.
Franklin, B., on evils of privateering, § 128; clause in treaty of 1785 with Prussia,
drawn up by him, ibid.; clause of same treaty on penalty for contraband, § 198.
Full power, § 90, comp. § 111.
GAIUS, on jus gentium, § 5.
Garden (Comte de), his "Histoire de Traités," App. i., p. 416; App. ii., passim.
Germanic Empire, by Peace of Westphalia, App. ii., 1848, 2–7; dissolved, ibid.,
1805 (see under Peace of Presburg); Confederation, ibid. (see Congress of Vi-
enna, 8); dissolved, ibid., 1866, see under 1864; new empire, ibid., under 1871.
Gessner, L., cited, §§ 118, 150, 200, 204, 207.
Greece, ancient, international law of, § 8; not true that it had none, ibid.; bal-
ance of power known to, § 45; treatment of foreigners in, § 67; term used for
ambassador, § 86; Athenians kill Spartan ambassadors to Persia, § 97; office
of proxeni, § 99; reprisals in, § 118; declaration of war, forms of, in, § 120;
usages in war, §§ 133, 134.
Greece, modern, interference in behalf of, § 51; treaties with and relating to, App.
ii., 1827, 1863, 1864.
Grote, G., on arbitration in Greece, § 225.
Grotius, often referred to, as in §§ 8, 11, 12, 20 a, 30; begins an era in interna-
tional law, §§ 31, 53, 59; his “Mare Liberum," §§ 60, 63, 88, 91 note, 97, 113,
118, 121, 127, 151; on postliminy applied to prisoners escaping in a neutral
port, § 153; on temporary conquest in war, §§ 157, 163; is brief on neutrality,
§§ 176, 196, 205, App. i., p. 417.
Guano Islands, unoccupied, law of the United States concerning, § 55.
Guaranty and treaties of guaranty, § 109; nature and objects, ibid.; when intro-
duced, ibid.; what they imply, ibid.; how they differ from sureties, ibid.
Gustavus Adolphus, on rank of states, § 52.
Guidekens, English ambassador at Stockholm, case of, § 92.
Gyllenborg, Swedish ambassador, case of, § 97.
HALE, Sir M., on rights of ambassadors, § 96.
Hamburg and Bremen, resolution of chambers of commerce of, on freedom of
private property at sea, § 147, note.
Hamilton, Alexander, § 124, text and note.
Hanover, annexed to Prussia, App. ii., under 1866.
Hanseatic League, see laws of, App. i., p. 414.
Hare (E. F.), on postliminy, § 151.
Hartenstein, his explanation of jus naturale as used by Grotius, § 11, note.
Hautefeuille cited, § 118, note; § 119; on ransom of neutral ships, § 150; on pi-
racy, § 144; refuted, § 168; on neutral officers going into the service of a bellig-
erent, § 173; on carrying despatches, § 199; on coasting and colonial trade in
war, § 201; opposes occasional contraband, § 196.
Heffter, often cited, as §§ 6, 52, 53, 63, 74, 91, 95, 100, 119, 133, 136 note, 153, 157,
169, 171, 172, 196; admits pacific blockade, § 119; also cited, § 204.
Hegel, C., "Städteverfass. v. Italien," § 99.
Hesse Cassel annexed to Prussia, App. ii., under 1866.
Historicus, letters of, cited, on acknowledging new states, § 41; on right of visit,
$ 219.
Holland. See Dutch Republic.
Holstein, affairs of, from 1848 to 1864. See App. ii., under 1864.
Hostages, to confirm treaties in use as late as 1748, § 110; the condition and treat-
ment of, ibid.; given to confirm ransom contracts, § 150; may sue if contract is
broken, in their own courts, ibid.; case of recapture of at sea, ibid.
Hübner, Martin, § 191.
Hüllman, "Städtewesen," etc., § 88.
Hülsemann, Mr., §§ 80, 82.
Hurd, J. C., his "Law of Freedom and Bondage " cited, §§ 2, 9.
Huss, John, the safe conduct given to him broken, § 8.
INDEPENDENCE of a state, what? § 37.
Intercourse, is there a right of? § 25, § 63 et seq.; what a state may not do, as it
respects intercourse, ibid.; what it may do, § 64; Christian states now some-
times force other states into intercourse, ibid.; agents of intercourse, §§ 81, 100.
Interference in affairs of other states generally unlawful, § 43; for the balance of
power, § 44; to prevent revolutions not a valid reason for interference, § 46 ;
the Monroe Doctrine, § 48; interference in the Belgic revolution, § 50; on
the score of religion and humanity, § 51.
International law has the same foundation as state law, §§ 1, 2; its meaning in an
abstract sense, § 3; in a more limited sense, § 4; actual international law, what?
§ 5; originated in Christian states, why? §7; is extending beyond Christen-
dom, § 5; not observed toward savages, ibid.; rules of intercourse between
two or a few states, no part of it, ibid.; genesis and voluntariness of, § 6; of
later growth than state law, ibid.; in Greece, Rome, and medieval Europe,
quite imperfect, § 8; took a religious form among the ancients, ibid.; positive
method in, its deficiencies, § 13; not resolvable into contract, § 14; its jural,
§ 15; and moral grounds, § 16; rights of nations, §§ 17-21; duties and claims,
§§ 22-25; divisions of international law, §§ 26, 27; custom and free consent,
sources of, § 28; adopted by municipal law, § 29; aids for knowing what it is,
$30; progress of, §§ 31, 32; uncertainty and want of authority of, §§ 33, 222;
history of, its importance, § 34; method in this work, § 35; international law
regards all governments as legitimate, § 38; knows only governments de facto,
§ 40; examples of recognition of new states, ibid.; forbids assistance to revolted
provinces, § 42; but allows assistance to states against revolt, ibid.; how
far interference is allowed by international law, § 43-51. (See Interference,
Balance of Power, Monroe Doctrine, Religion, Congress.) Property what, and
how acquired, according to international law? §§ 53-55. Territory, what?
§ 56; international law as to coasts, seas, bays, rivers, §§ 57-62; as to inter-
course, §§ 63-79; as to comity and courtesy, §§ 81-85; as to agents of inter-
course, §§ 86-100 (see Ambassadors, Consuls); as to right of contract and
treaties, §§ 101-113 (see Treaty); as to right of self-protection and redress,
or war, and the laws and usages of war, §§ 114-142; as to pirates, the slave-
trade, and civil wars, §§ 143-146; as to capture, recapture, and occupation,
§§ 147-153; as to truce and peace, §§ 154-162; as to obligations and rights of neu-
tral states, §§ 163-181; as to rights and liabilities of neutral trade, §§ 182-191;
especially as to neutral property in armed enemy's vessels, § 192; as to contra-
band, occasional contraband and preëmption, and trade with the enemy opened
in war, §§ 193-201; as to blockade, §§ 202-206; as to continuous voyages,
207; to the right of search and to convoy, §§ 208-214; as to search of
suspected slavers and disputes concerning that point, § 220. Defects and nar-
row limits of international law, §§ 222-223; methods of preventing or of peace-
fully settling disputes, §§ 224-227. Sanctions, prospects, importance of the
study of international law, §§ 229-231.
Interpretation of treaties, § 113; repugnant and conflicting clauses, ibid.
Inviolability of ambassadors, § 91; except in extreme cases, ibid.; a right for-
merly qualified by English jurists, § 96.
Ionian Islands, App. ii., under 1807, p. 463; 1815; 1864.
JAPAN grants exterritorial privileges to foreigners, § 69.
Jews, their usages in war, § 134.
John, King of France, case of, § 104.
Jus gentium, § 9; jus inter gentes, ibid.; naturæ or naturale, § 10; definition of by
Ulpian, ibid.; by Grotius, § 11; voluntarium, as defined by Grotius, ibid.; tran-
situs or passagii innoxii, § 63; detractus, § 65; albinagii, § 67; legatorum or
legationum, § 86; quarteriorum, § 92; postliminii, § 151.
KALTENBORN, CARL VON, cited, § 166. (Comp., for his works, App. i., p. 426, and
note, u. s.)
Kant, on perpetual peace, § 226.
Kent, Chancellor, often cited, as in §§ 29, 60, 96, 100, 103, 114, 123, 128, 129, 144,
146, 148, 176, 191, 192, 196, 201.
Klüber, "Europäisches Volckerrecht" (ed. of 1851), cited, §§ 2, 90, 91, 92, 94,
98, 106, 133, 191, 196.
Koszta, M., points of case of considered, 80.
LANGUAGE in which treaties are written, § 158, end.
Lansdowne, Lord, on recognition of new states, § 41.
Lauenburg, affairs of, App. ii., under 1848, 1852, 1864 (see under 1864); be-
comes Prussian by Treaty of Gastein, 1865, ibid.
Lawrence, St., the, free to the United States by the Reciprocity Treaty, § 62; by
the Treaty of Washington, from latitude 45°, see App. ii., 1871.
Lawrence, W. B., comment. on Wheaton, cited, §§ 145, 180; on the affairs of
Schleswig-Holstein, App. ii., under 1866.
League at Schmalkalden, App. ii., 1530.
Legates a and de latere, etc., § 98, note.
Legitimacy pertains to states under all political forms, § 40.
Leslie, Bishop of Ross, §§ 90, 96.
Lex domicilii, its effect, § 74 (see Domicil).
Liability to capture of goods and vessels at sea, § 184 et seq.
Licenses to trade, § 155; English rules concerning, ibid.
Lieber, Dr. F., § 16, note; § 130, note; § 142.
Lieger ambassadors, the term explained, § 88, note.
Limburg and Luxemburg, relations of by treaty of 1867, § 163.
Livy, cited, §§ 134, 151, note.
Lowry on the prevention of hostile expeditions by our government, § 169.
Loyal persons in a revolted province, property of, hostile, § 183.
Lübeck, its treatment of a vessel fleeing into its waters, § 166.
Lucchesi-Palli, on blockade, § 202.
Lushington, Dr., on effective blockade, § 202.
MABLY, the Abbé de, cited in notes to §§ 21, 109, 110.
Malmesbury, Earl of, on search, § 219.
Manning, W. Oke, his Commentaries (ed. 1, 1839; ed. 2, 1875), §§ 124, 149, 172,
189, 191, 194, and frequently in the following sections also, §§ 211, 221.
Marcian, the Emperor, law of, § 193.
Marcy, W. L., on Koszta's case, § 80; on the declaration of 1856, §§ 128, 191.
Maritime laws of medieval Europe, App. i., p. 414.
Marquardsen, Prof. at Erlangen, on the Trent case, § 199.
Marque, letters of, § 127.
Martens, Ch. de, comp. §§ 415, 426 bis, 427 ; his "Causes Célèbres," App. i., p. 415;
his "Guide Diplomatique," § 98; his part in the "Nouv. Recueil," etc., p. 154.
Martens, G. F. de, his "Précis du Droit des Gens," often cited (in the fourth edi-
tion), as in § 65, note, on emigration, §§ 91, 123; on forms of treaties of peace,
§ 158; on the language used in treaties, ibid.; on freedom of neutral ships,
§ 191; on occasional contraband, § 196; on penalty for breaking blockade,
§ 205. His essay on "Armateurs," § 127. His "Merkwurdige Erzählungen,”
§ 78, p. 116. His "Recueil," very often cited in App. ii. Comp., for him and
his continuators in this work, App. i., p. 415.
Mediation recommended at Treaty of Paris in 1856, § 224.
Mendoza, Spanish ambassador in England, case of, § 96.
Middle Ages, international law in, § 8; treatment of foreigners in, § 67; usages of
war in, §§ 134, 135.
Milan decree, § 206 (p. 322).
Mississippi, the, negotiations concerning the freedom of navigating, § 62.
Mohammedan nations, long shut out of Christian international law,
with, long disapproved, § 8.
Mohl, R. von, §§ 20 b, 73, 76. Comp. App. i., pp. 413, 416.
Molé, Ct., on notification of blockade, § 204.
Mollien on confiscating shares of public debt held by a hostile state, § 124.
Monroe, President, on recognizing new revolutionary communities as states,
$ 180.
Monroe Doctrine, what? § 48; voted against by Congress, ibid.; Mr. Adams' ex
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