CHAPTER II.

TERRITORIAL RIGHTS OF STATES AND RIGHTS OF PROPERTY. STRICT RIGHT
RENOUNCED IN THE USE OF NAVIGABLE WATERS.

§ 58.

Are vessels on the sea territory?

§ 59.

§ 60.

§ 61.

Freedom of the high seas and of fishery there. Fishery question be-

tween Great Britain and the United States, until its settlement by the

treaty of 1854.

Claim of exclusive control over certain waters. (1.) Bays. (2.) Gulfs.

(3) Straits and inland seas. The Danish straits. The Black Sea and

its entrance.

§ 62. (4.) Rights over river navigation. Rule of Congress of Vienna. The

Rhine. The Scheldt. The Danube by the treaty of Paris. The

Mississippi. The St. Lawrence, The La Plata system of rivers. The

Amazon. Other streams.

CHAPTER III.

RIGHTS OF INTERCOURSE. RELATIONS OF FOREIGNERS WITHIN A TERRITORY

OF THE STATE.

§ 63. Intercourse of states, how far a right. What a state may not do re-

specting intercourse.

§ 64. What a state may do.

§ 65. Individual aliens entitled to protection. Right of asylum, of innocent

passage, of emigration.

§ 66. Relations of aliens to the laws, and their condition.

§ 67. Progress of comity and humanity towards aliens illustrated. Droit

d'aubaine.

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

vessels in French harbors. Treatment of vessels driven into foreign

waters out of their course.

§ 69. Exemptions to foreigners in certain Eastern countries.

§ 70. Aliens parting with the character of aliens. Naturalization. Rules of
several nations as it respects naturalization.

§ 71. Domicil, what?

§ 72. Conflict of laws as to a particular person.

§ 73. Private international law, what? Its growth. Its leading rules show
tendency of nations to similar principles of law.

§ 74. Jural capacity.

§ 75. Effects of foreign judgments.

§ 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. 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 ?

§ 90.

Right of sending ambassadors.

§ 91. Privileges of ambassadors.

1. Their inviolability.

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-

inals.

§ 93. Freedom from imposts.

§ 94. Freedom of private worship.

§ 95. Privileges of ambassador's family and train.

His power over his suite.

§ 96. 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.

§ 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.