6. While on the said voyage and in due prosecution thereof, at about 7 or 7.30 of the clock in the morning of April 22d, 1898, said steamship X being then about eight or nine miles from Sand Key Light, was seized and wrongfully captured by the United States ship of war N., under the command of a line officer of the United States Navy, and by means of a prize crew then and there placed on board, was forcibly brought into this port of Key West. On being stopped by said United States ship of war, N., and being informed of the existence of war, the master and officers of the X submitted without resistance to seizure and to the placing of a prize crew on board of said vessel, proceeding therewith, under her own steam, into port.
7. Deponent is informed and believes that by the existing policy of the Government of the United States, as evidenced by the repeated declarations of its Executive, and by the Proclamation of the President of the United States, issued and published April 26th, 1898, as well as upon principles in harmony with the present views of nations and sanctioned by recent practice, in accordance with which the President has directed that the war should be conducted, the steamship X, at the time and place, and in the circumstances under which she was seized, was not liable to be treated as enemy's property, but on the contrary, having sailed from a port of the United States prior to the 21st of April, 1898, and being bound to another port of the United States, which in the ordinary course of her voyage she would have reached and left, with her coals, long prior to May 21st, 1898, was exempt from capture as prize of war.
O. P.
Sworn to before me this 18th day of May, 1898.
[SEAL] G. H., Dy. Clerk.
Endorsed:
Test affidavit for X.—Filed May 16th, 1898, E. F., Clerk.
IN THE DISTRICT COURT OF THE UNITED STATES, SOUTHERN DISTRICT OF FLORIDA
United States v. Spanish Steamer X and Cargo
Prize. Decree
This cause having come on to be heard upon the allegations of the libel, the claims of the master, and testimony taken in preparatorio, and the same having been fully heard and considered, and it appearing to the Court that the said steamer X was enemy's property, and was upon the high seas and not in any port or place of the United States upon the outbreak of the war, and was liable to condemnation and seizure, it is ordered that the same be condemned and forfeited to the United States as lawful prize of war; but it appearing that the cargo of said steamer was the property of neutrals, and not contraband or subject to condemnation and forfeiture, it is ordered that said cargo be released and restored to the claimants for the benefit of the true and lawful owners thereof.
It is further ordered that the Marshal proceed to advertise and sell said vessel, and make deposit of the proceeds in accordance with law.
A. B., Judge.
Key West, Florida, May 27th, 1898.
Endorsed:
Decree.—Filed May 27th, 1898. E. F., Clerk.
FORM OF DECREE OF DISTRIBUTION.
DISTRICT COURT OF THE UNITED STATES, SOUTHERN
DISTRICT OF FLORIDA.
The United StatesPrize
v. Captured,________________ 1898.
______________________________
______________________________
A Final Decree of Condemnation of Vessel and Cargo having been pronounced in this Case, and no Appeal being taken, and it
Appearing to the Court that the Gross Proceeds of the Sales are as follows,—to-wit,—
Vessel,
Cargo,
Total,
And the Costs, Expenses and Charges as taxed and allowed are as follows,—
Marshal's Fees and Charges including all expenses of Sales, Advertising, and Auctioneer's Commissions,
District Attorney's Fees,
Prize Commissioner's Fees and Expenses,
Clerk's Fees,
Leaving a Net Residue of____________________($______)
And it appearing to the Court upon the Report of the Prize Commissioner, that the U. S. S. ____________________________ Commanding, was the sole Capturing Vessel, and entitled to share in the Prize, and was of Superior Force to the Captured Vessel, and it appearing that the Marshal has paid and satisfied the Bills of Costs and Charges as herein taxed, and allowed, it is Ordered that the same be paid to him out of the money on Deposit with the Assistant Treasurer of the United States subject to the Court in this case, and it is Further Ordered that the said Residue of the Gross Proceeds deposited with the Assistant Treasurer in this Case be paid into the Treasury of the United States, for Distribution, one half to the officers and crew of said ________ and one half to the United States.[502]
________________________________________
Judge of the District Court of the United States,
for the Southern District of Florida.
APPENDIX IX
DIGEST OF IMPORTANT CASES ARRANGED UNDER TITLES
15. Precedent and Decisions
Bolton v. Gladstone, 5 East, 155
In an action on a policy of insurance in 1804 on a Danish ship and cargo warranted neutral and captured by a French ship of war (Denmark being at peace with France), it appeared that the court in which the Danish ship was libelled declared her good and lawful prize. Held by Ellenborough C. J., "that all sentences of foreign courts of competent jurisdiction to decide questions of prize" were to be received "as conclusive evidence in actions upon policies of assurance, upon every subject immediately and properly within the jurisdiction of such foreign courts, and upon which they have professed to decide judicially."
United States v. Rauscher, 119 U. S. 407
The defendant was extradited from England on the charge of murder committed on an American vessel on the high seas. He was indicted in the United States Circuit Court, not for murder, but for a minor offense not included in the treaty of extradition. It was held that he could not be tried for any other offense than murder until he had had an opportunity to return to the country from which he was taken for the purpose alone of trial for the offense specified in the demand for his surrender.
21. Recognition of New States
Harcourt v. Gaillard, 12 Wheat. 523
This case is fully stated in the text, p. 42.
Williams v. The Suffolk Insurance Company, 13 Pet. 415
This case held that when the executive branch of the government, which is charged with the foreign relations of the United States shall, in its correspondence with a foreign nation, assume a fact in regard to the sovereignty of any island or country, it is conclusive on the judicial department.
State of Mississippi v. Johnson, 4 Wall. 475, 501
This case held that "a bill praying an injunction against the execution of an act of Congress by the incumbent of the presidential office cannot be received, whether it describes him as President or as a citizen of a state."
Jones v. United States, 137 U.S. 202
This case held that the determination of the President, under U.S. Rev. Sts., § 5570, that a guano island shall be considered as appertaining to the United States, may be declared through the Department of State, whose acts in this regard are in legal contemplation the acts of the President.
55. Vessels
Wildenhus's Case, 120 U.S. 1
This case held that the Circuit Court of the United States has jurisdiction to issue a writ of habeas corpus to determine whether one of the crew of a foreign vessel in a port of the United States, who is in the custody of the state authorities, charged with the commission of a crime, within the port, against the laws of the state, is exempt from local jurisdiction under the provisions of a treaty between the United States and the foreign nation to which the vessel belongs. The Convention of March 9, 1880, between Belgium and the United States was considered.
64. Extradition
In the Matter of Metzger, 5 How. 176, 188
This case held that the Treaty with France of 1843 provides for the mutual surrender of fugitives from justice and that where a district judge decided that there was sufficient cause for the surrender of a person claimed by the French Government, and committed him to custody to await the order of the President of the United States, the Supreme Court had no jurisdiction to issue a habeas corpus for the purpose of reviewing that decision.
101. Non-Combatants
Alcinous v. Nigreu, 4 Ellis and Blackburn, 217
This was an action for work and labor brought by a Russian against an Englishman during the Crimean war. Lord Campbell said: "The contract having been entered into before the commencement of hostilities is valid; and, when peace is restored, the plaintiff may enforce it in our Courts. But, by the law of England, so long as hostilities prevail he cannot sue here."
104. Personal Property of Enemy Subjects
Brown v. United States, 8 Cr. 110
It was held that British property within the territory of the United States at the beginning of hostilities with Great Britain could not be condemned without a legislative act, and that the act of Congress declaring war was not such an act. The property in question was the cargo of an American ship and was seized as enemy's property in 1813, nearly a year after it had been discharged from the ship.
110. Privateers
United States v. Baker, 5 Blatchford, 6
This was an indictment in 1861 against Baker, the master of a private armed schooner, and a part of the officers and crew for piracy. They claimed to have acted under a commission from Jefferson Davis, President of the Confederate States of America. Nelson J. charged the jury at length; but they failed to agree on a verdict.
112. Capture and Ransom
The Grotius, 9 Cr. 368
The question in this case, which was heard in 1815, was whether the capture was valid. The master, the mate, and two of the seamen swore that they did not consider the ship to have been seized as prize, and that the young man who was put on board by the captain of the privateer was received and considered as a passenger during the residue of the voyage. It was held that the validity of the capture of the vessel as a prize of war was sufficiently established by the evidence.
113. Postliminium
The Two Friends, 1 C. Rob. 271
An American ship was taken by the French in 1799 when the relations between France and America were strained. She was recaptured by the crew, some of whom were British seamen. They were awarded salvage.
The Santa Cruz, 1 C. Rob. 49
A Portuguese vessel was taken by the French in 1796 and retaken by English cruisers a few days later. It was held that the law of England, on recapture of property of allies, is the law of reciprocity; it adopts the rule of the country to which the claimant belongs.
115. Non-hostile Relations of Belligerents
The Venus, 4 C. Rob. 355
A British vessel went to Marseilles, under cartel, for the exchange of prisoners, and there took on board a cargo and was stranded and captured on a voyage to Port Mahon. Held that the penalty was confiscation.
The Sea Lion, 5 Wall. 630
This case held that a license from a "Special Agent of the Treasury Department and Acting Collector of Customs" in 1863 to bring cotton "from beyond the United States military lines" had no warrant from the Treasury Regulations prescribed by the President conformably to the act of 13th July, 1861.
119. Termination of War by Treaty of Peace
The Schooner Sophie, 6 C. Rob. 138
A British ship, having been captured by the French, was condemned in 1799 by a French Consular Court in Norway. Other proceedings were afterwards had, on former evidence in the case, in the regular Court of Prize in Paris and the sentence of the Consular Court was affirmed. Sir William Scott said, "I am of opinion, therefore, that the intervention of peace has put a total end to the claim of the British proprietor, and that it is no longer competent to him to look back to the enemy's title, either in his own possession, or in the hands of neutral purchasers."
126. Neutral Territorial Jurisdiction
The Caroline
People v. McLeod, 25 Wendell, 483
During the Canadian rebellion of 1837-1838, a force was sent in the night by the British commander to capture the steamer Caroline, owned by an American. The steamer was engaged in transporting war material and men to Navy Island, in the Niagara River, through which runs the line separating the British from the American possessions. The vessel not being in her usual place in Canadian waters, the force went into American jurisdiction and seized and destroyed her. One Durfee, an American, was killed. To the American assertion that the proceeding was an outrage, the British Government replied that the insurgents had used American ground as the starting-point of their expeditions and as their base of supplies. The controversy was renewed by the arrest, in 1841, in the state of New York, of one McLeod, and his indictment for the murder of Durfee. Great Britain demanded the release of McLeod, stating that as he was an agent of the British Government engaged at the time in a public duty, he could not be held amenable to the laws of any foreign jurisdiction. Mr. Webster, then Secretary of State, admitted the correctness of the British contention, but seemed powerless to obtain the release of McLeod, on account of the inherent weakness of the Federal system.[503] The Supreme Court of the state of New York held in People v. McLeod, that McLeod could be proceeded against individually on an indictment for arson and murder, though his acts had been subsequently averred by the British Government. This view was generally condemned by jurists;[504] but the difficulty soon ended by the acquittal of McLeod. The British Government's contention was that the seizure of the Caroline was excusable on the ground stated by Mr. Webster himself as "a necessity of self-defense, instant, overwhelming, leaving no choice of means and no moment for deliberation."
The Twee Gebroeders, 3 C. Rob. 162
This case holds that a ship within three miles of neutral territory can not send boats beyond the line of division for the purpose of capturing enemy vessels.
129. Positive Obligations of a Neutral State
The Alabama Cases
Up to the period of the American civil war the opinion obtained among many that a vessel of war might be sent to sea from a neutral port with the sole liability to capture as legitimate contraband, with the exception that, if she was ready to go in condition for immediate warlike use, it was the duty of the neutral to prevent her departure. In 1863 during the American civil war this view was practically taken by the British court in the case of the Alexandra;[505] but the vessel after her release was taken on a new complaint at Nassau and held until after the end of the war. Lawrence says that the attitude of the British Government in regard to this vessel, its purchase in 1863 of two iron-clad rams of the Messrs. Laird for the navy, the construction, destination, and intended departure of which occasioned the now famous correspondence between Lord Russell and Mr. Adams, the detention of the Pampero, which was seized in the Clyde, until the end of the American civil war, and the preventing the sale of "Anglo-Chinese gunboats against the advice of its own law officers," indicated that that government "had uneasy doubts as to the validity of the doctrine laid down in their law-courts and maintained in their dispatches."[506] This doctrine would admit of a ship of war going to sea from a neutral port without arms, which she might receive on the high seas from another vessel which had sailed from the same port. For example, the Alabama left Liverpool in 1862 ready for warlike use, but without warlike equipment. This and her crew were received on the high seas from other vessels which had cleared from Liverpool; and her career as a Confederate cruiser then began. The cases of the Florida, the Georgia, and the Shenandoah were almost identical. The spoliations committed by these vessels led to the Alabama claims, the British maintaining that the American contention that it was the duty of a neutral to prevent the departure of all vessels that could reasonably be expected as about to be used for warlike purposes was unsound.[507]
The Alabama case and kindred cases have produced much speculation as to the establishment of a true and correct rule. After the enactment of the American neutrality statutes in 1818, there were numerous decisions of the United States courts to the effect that the intent was to govern, that is, if the purpose was to send articles of contraband, with the risk of capture, to a belligerent's country for sale, the neutral government had nothing to say, but if the purpose was to send out a vessel to prey on the commerce of a friendly power, then the neutral government should prevent her departure. It must be admitted that the rule is hardly satisfactory.[508]
Hall contends that the true test should be "the character of the ship itself." If built for warlike use, the vessel should be detained; if for commercial purposes, she should be allowed to depart. This rule has at least one element of fairness and sense. It is not always possible to get at intent, but the character of the vessel is likely to reward observation and scrutiny.[509]
Regret has been expressed by many writers that the award of the arbitrators appointed under the Treaty of Washington of 1871, upon the Alabama claims, has proved of so little value as a precedent upon the liability of a neutral power for the departure from its ports of vessels fitted out and equipped for the destruction of belligerent commerce.
Article VI. of the Treaty provided that the Arbitrators should be "governed by the following three rules, which are agreed upon by the high contracting parties as rules to be taken as applicable to the case, and by such principles of international law not inconsistent therewith as the Arbitrators shall determine to have been applicable to the case.
"A neutral Government is bound—
"First to use due diligence to prevent the fitting out, arming, or equipping, within its jurisdiction, of any vessel which it has reasonable ground to believe is intended to cruise or to carry on war against a Power with which it is at peace; and also to use like diligence to prevent the departure from its jurisdiction of any vessel intended to cruise or carry on war as above, such vessel having been specially adapted, in whole or in part, within such jurisdiction, to warlike use.
"Secondly, not to permit or suffer either belligerent to make use of its ports or waters as the base of naval operations against the other, or for the purpose of the renewal or augmentation of military supplies or arms, or the recruitment of men.
"Thirdly, to exercise due diligence in its own ports and waters, and, as to all persons within its jurisdiction, to prevent any violation of the foregoing obligations and duties."
The British government declared that it "cannot assent to the foregoing rules as a statement of principles of international law which were in force at the time when the claims mentioned" arose but "in order to evince its desire of strengthening the friendly relations between the two countries and of making satisfactory provision for the future, agrees that in deciding the questions between the two countries arising out of those claims, the Arbitrators should assume that her Majesty's government had undertaken to act upon the principles set forth in these rules.
"And the high contracting parties agree to observe these rules as between themselves in the future, and to bring them to the knowledge of other maritime Powers, and to invite them to accede to them."[510]
The phrases "due diligence" and "base of naval operations" gave rise to a difference of opinion, as also the last part of paragraph "First" relative to preventing the departure of vessels intended to carry on war and adapted for warlike use.
The contentions and the decision relative to the last point were as follows:
1. The British Contention
This was that the only duty of Great Britain applied to the departure of the vessel originally, and that, if she escaped, and afterwards as a duly commissioned war-ship entered a British port, there was no obligation to detain her.[511] The case of the Schooner Exchange v. M'Faddon[512] was cited, in which a libel was filed in 1811 against that vessel, then in American waters, as an American vessel unlawfully in the custody of a Frenchman, the libellants contending that in December 1810, while pursuing her voyage she had been forcibly taken by a French vessel at sea. The Attorney General suggested that she was a public armed vessel of France, visiting our waters as a matter of necessity. Chief Justice Marshall decided that as a public vessel of war coming into our ports and demeaning herself in a friendly manner she was exempt from the jurisdiction of the country.
2. The American Contention
This was that if a Confederate cruiser, which had originally escaped, afterwards came into a British port, her commission was no protection, as it was given by a government whose belligerency only, not sovereignty, had been acknowledged.[513]
3. The Award of the Tribunal
This award exceeded the claim of the United States in deciding that "the effects of a violation of neutrality committed by means of the construction, equipment and armament of a vessel are not done away with by any commission which the Government of the belligerent power, benefited by the violation of neutrality, may afterwards have granted to that vessel; and the ultimate step, by which the offense is completed, cannot be admissible as a ground for the absolution of the offender, nor can the consummation of his fraud become the means of establishing his innocence," that "the privilege of extra-territoriality accorded to vessels of war has been admitted into the law of nations, not as an absolute right, but solely as a proceeding founded on the principles of courtesy and mutual deference between different nations, and therefore can never be appealed to for the protection of acts done in violation of neutrality," and that "the absence of a previous notice can not be regarded as a failure in any consideration required by the law of nations, in those cases in which a vessel carries with it its own condemnation."[514]
That the decision of the Tribunal has not become a precedent is quite generally conceded. Lawrence asserts that the award seems "to have been dictated more by a regard for equitable considerations than by reference to principles hitherto accepted among nations;" that other nations have refused to accede to the "three rules" and "that it has been doubted whether they bind the two powers which originally contracted to observe them."[515]
It is to be observed, however, that at the present time a cruiser is of such peculiar construction and depends for her efficiency on such a large outlay of money that an honest neutral is likely to have abundant proof of her character and hence the best reasons for detaining her.
131. Contraband
The Peterhoff, 5 Wall. 28, 62
The Peterhoff, a British steamer, bound from London to Matamoras in Mexico, was seized in 1863 by a United States vessel. It was held that the mouth of the Rio Grande was not included in the blockade of the ports of the Confederate states; that neutral commerce with Matamoras, a neutral town on the Mexican side of the river, except in contraband destined to the enemy, was entirely free; and that trade between London and Matamoras, even with intent to supply, from Matamoras, goods to Texas, then an enemy of the United States, was not unlawful on the ground of such violation. Questions of contraband were also considered, and Chief Justice Chase concluded, "Considering ... the almost certain destination of the ship to a neutral port, with a cargo, for the most part, neutral in character and destination, we shall not extend the effect of this conduct of the captain to condemnation, but we shall decree payment of costs and expenses by the ship as a condition of restitution."
The Commercen, 1 Wheat. 382
In 1814, during the war between the United States and Great Britain, a Swedish vessel bound from Limerick, Ireland, to Bilboa, Spain, with cargo of barley and oats, the property of British subjects, was seized and brought into an American port. The cargo was shipped for the sole use of the British forces in Spain. The cargo was condemned.
132. Penalty for Carrying Contraband
The Jonge Tobias, 1 C. Rob. 329
This was a case of a ship taken on a voyage from Bremen to Rochelle, laden with tar. The ship was claimed by one Schraeder and others. Schraeder, who was owner of the cargo, withheld his claim, knowing it would affect the ship. The cargo and his share of the vessel were condemned in 1799, and an attestation was required of the other part owners of the vessel that they had no knowledge of the contraband goods.
The Magnus, 1 C. Rob. 31
A ship laden with coffee and sugars was taken on a voyage from Havre to Genoa. The claimant of the cargo was a Swiss merchant. Held, that while interior countries are allowed to export and import through an enemy's ports, strict proof of property is required. The cargo was condemned.
133. Unneutral Service
The Kow-Shing Affair, Takahashi, 24-51
On July 25, 1894, a Japanese war-ship stopped the Kow-Shing, a British transport engaged in carrying Chinese troops. After fruitless parleying, the Kow-Shing refusing to surrender as her British captain was overawed by the Chinese he was carrying, the Kow-Shing was sunk by the Japanese war ship. The affair produced great excitement in England, and there was a demand of satisfaction from Japan on the ground that war had not been declared between that country and China. The facts appearing that a declaration of war is not necessary, and that the British captain of the transport was under compulsion, the affair was referred to Mr. Choate, the American Ambassador to Great Britain, as referee.
The Friendship, 6 C. Rob. 420, 429
This was the case of an American ship bound on a voyage from Baltimore to Bordeaux, with a light cargo and ninety French mariners as passengers, shipped by direction of the French minister in America. In condemning the ship and cargo in 1807, Sir William Scott said, "It is the case of a vessel letting herself out in a distinct manner, under a contract with the enemy's government, to convey a number of persons, described as being in the service of the enemy, with their military character traveling with them, and to restore them to their own country in that character."
The Orozembo, 6 C. Rob. 430
An American vessel, having been ostensibly chartered by a merchant at Lisbon "to proceed in ballast to Macao, and there to take a cargo to America," was afterwards, by his directions, fitted up for three military officers and two persons in civil departments in the government of Batavia, who had come from Holland to take their passage to Batavia, under the appointment of the Government of Holland. The vessel was condemned in 1807 as a transport, let out in the service of the government of Holland.
The Atalanta, 6 C. Rob. 440
A Bremen ship and cargo were captured on a voyage from Batavia to Bremen, in July, 1807, having come last from the Isle of France, where a packet, containing dispatches from the government of the Isle of France to the Minister of Marine at Paris, was taken on board by the master and one of the supercargoes, and was afterwards found concealed in the possession of the second supercargo. Both ship and cargo were condemned.
137. Violation of Blockade
The Juffrow Maria Schroeder, 3 C. Rob. 147
"Where a ship has contracted the guilt by sailing with an intention of entering a blockaded port, or by sailing out, the offense is not purged away till the end of the voyage; till that period is completed, it is competent to any cruisers to seize and proceed against her for that offense." In this case the plea of remissness in the blockading force in permitting vessels to go in or out, was held to avail, and the ship, which was a Prussian one taken on a voyage from Rouen to Altona and proceeded against for a breach of the blockade of Havre, was restored.
138. Continuous Voyages
The Hart, 3 Wall. 559, 560
"Neutrals who place their vessels under belligerent control and engage them in belligerent trade; or permit them to be sent with contraband cargoes under cover of false destination to neutral ports, while the real destination is to belligerent ports, impress upon them the character of the belligerent in whose service they are employed, and cannot complain if they are seized and condemned as enemy property." See the preceding case, The Bermuda, 3 Wall. 514.
The Maria, 5 C. Rob. 365
This was a case of a continuous voyage in the colonial trade of the enemy. The Court reviewed former cases and asked for further proof on the facts. On such further proof the court decreed restitution. See The William, 5 C. Rob. 385.
139. Prize and Prize Courts
The Ship La Manche, 2 Sprague, 207
This case held that captors are not liable for damages where the vessel captured presents probable cause for the capture, even though she was led into the predicament, involuntarily, and by the mistakes of the revenue officers of the captor's own government.
INDEX
- Abrogation of treaties, 234.
- Absolutely contraband, what articles are, 304.
- Accretion, acquisition of territory by, 102.
- Acquisition of territorial jurisdiction, 98.
- Admiralty law, a basis of international law, 10.
- Africa, partition of, 92, 103, 104.
- See Spheres of Influence.
- Agreements. See Treaties.
- Aids to the memory, what they are, 171
- Aix-la-Chapelle, treaty of, 21, 155, 167, 206.
- Alabama case. See Geneva Arbitration.
- Alaska, sale of, to the United States, 101;
- territorial waters of, 116.
- Aliens, rights of, as to naturalization, 125, 126;
- Alternat, use of, in signing treaties, 89, 169.
- Amalfitan tables. See Sea Laws.
- Ambassadors, sending of, 13;
- jurisdiction of Supreme Court as to, 31;
- immunities of vessels carrying, 119;
- office of, in early days, 153, 154;
- rules as to, 154–159;
- suite of, 160;
- who may send, 160;
- who may be sent as, 161, 162;
- credentials, etc., of, 162 et seq.;
- ceremonial as to, 165–170;
- functions of, 170–172;
- termination of mission of, 172–175;
- immunities and privileges of, 175–182.
- Amnesty, treaty of peace as to, 273.
- Angary, 307 n.
- Appeal from prize courts, 30, 325.
- Arbitration as a means of settling disputes, 219.
- See Geneva Arbitration, Venezuela.
- Armed neutralities of 1780 and 1800, 22, 278, 300, 315.
- Armies, instructions for United States, 331–367.
- Armistices. See Flags of Truce.
- Army, within the jurisdiction of another state, 137, 138.
- Assassination, when forbidden, 253.
- Asylum. See Right of Asylum.
- Austria, one of the Great Powers, 90;
- Balance of power in Europe, 75, 76;
- intervention to preserve, 83.
- Balloons, launching of projectiles, etc., from, 253.
- Base of operations, neutral territory as, 288.
- Bays, as affecting jurisdiction, 108;
- as affecting neutrality, 287.
- Belgium, recognition of, 44, 47;
- Belligerency, recognition of, 59–63.
- Belligerents, non-hostile relations of, 264–269;
- carriage of, 309.
- Bering Sea, controversy as to, 113, 116, 117.
- Berlin Conference, attitude of, as to spheres of influence, 103;
- Berlin Decree of Napoleon, 315.
- Berlin, treaty of, 206.
- Bessarabia, cession of a portion of, 100.
- Blockade, in case of United States of Colombia, 58;
- Bombardment, 253.
- Booty, 244.
- Brazil, belligerency in case of, 58;
- neutrality of, 293.
- Briefs of the conversation, 171.
- British Guiana, boundary line of, 78.
- British Orders in Council of 1807, 222.
- British South Africa Company, history of, 55.
- Brussels conference, language used in, 206; provisions of, 384–394.
- Canada, fisheries of, 114–116.
- Canals, Suez, 110–112;
- Canning, George, on the neutrality of the United States, 282.
- Canon law, 9, 15.
- Capitulation, what it is, 269;
- in excess of authority, 269.
- Capture of hostile private property, 247, 257–259;
- goods as determined by ownership, 299.
- Cartel ship, exemption of, from capture, 245, 246;
- defined, 265.
- Cartels, what they are, 201, 263, 265.
- Ceremonials, inequalities in, 89;
- maritime, 89.
- Cessation of hostilities, 267, 271.
- Cession, as a means of acquiring territory, 100;
- of jurisdiction, 101.
- Chargés d'Affaires, rules as to, 156 et seq.
- Charitable institutions, 240.
- Chile, belligerency in case of, 58;
- right of asylum in, 181.
- China, international law as applied to, 5, 64;
- Churches. See Religion.
- Citizenship, as affected by naturalization, 125–130.
- Civil law. See Roman Law.
- Civil war, intervention in case of, 85;
- Classification of treaties, 210–212.
- Clayton-Bulwer Treaty, as laying down new rules, 32;
- as to the Panama or Nicaraguan Canal, 112.
- Cleveland, President, attitude of, as to United States of Colombia, 58;
- neutrality proclamation of, 284 n.
- Coal, when not to be supplied to belligerents, 291;
- Combatants, who are, 235–237.
- Commencement of war, 229–231.
- Common law, a basis of international law, 10.
- Condemnation for carrying contraband, 306.
- Conditionally contraband, what articles are, 305.
- Conference of London of 1871, 32.
- Conferences and congresses as a means of settling disputes, 218.
- Confiscation of property in war, 241, 242.
- Congo Free State, recognition of, 44;
- neutralization of, 52.
- Conquest, acquisition of title by, 99;
- Consolato del Mare. See Sea Laws.
- Constitution of the United States as to ambassadors, etc., 31, 183, 184;
- Consulates, development of, 18.
- Consuls, jurisdiction of Supreme Court as to, 31;
- Continuous voyages, rule as to, 320–324.
- Contraband of war, capture of, 247, 297;
- what is, 303–306;
- penalty for carrying, 306, 307;
- difference between, and unneutral service, 308–310;
- visit and search for, 310–313;
- rule of, in case of, 313, 314;
- relations of, to blockade, 314–319;
- violation of blockade, 319, 320;
- continuous voyages, 320–324;
- prize and prize courts, 324–328;
- visit and search for, 311.
- Contributions, what they are, 242, 243.
- Convention, difference between, and treaty, 199. See Treaties.
- Convoy, vessels under, 313, 314.
- Corporations, status of, 54.
- Correspondence, diplomatic and consular, 309.
- Courts of admiralty, 30;
- Crete, Pacific blockade of, 223, 224.
- Crew of merchant vessels, status of, 236.
- Crimes, jurisdiction of consular courts as to, 139–141;
- Crusades, influence of, 16, 19.
- Cuba, intervention in case of, 85.
- Custom, practice and usage, 29, 30.
- Customs of Amsterdam. See Sea Laws.
- Death of diplomatic agent, proceedings in case of, 172.
- Debts, law as to, in time of war, 274.
- Deceit involving perfidy, 252, 253.
- Declaration of Paris, agreed to by the United States, 33;
- Declaration of war, 231, 232;
- blockade, 316.
- Declarations, defined, 200, 212.
- Definition of international law, 3;
- a state, 39, 40;
- of neutralized states, 51;
- of corporations, 54;
- insurgents, 56;
- belligerents, 59;
- jurisdiction, 96;
- territorial domain, etc., 97;
- prescription, 101;
- nationality, 121;
- diplomacy, 151;
- treaties, 198;
- non-hostile redress, 220;
- retorsion, 220;
- reprisals, 221;
- embargo, 221;
- Pacific blockade, 223;
- war, 229;
- contributions, 243;
- requisitions, 243;
- booty, 244;
- belligerent occupation, 251;
- prisoners of war, 262;
- cartel, 265;
- cartel ship, 265;
- license to trade, 266;
- capitulation, 269;
- neutrality, 277;
- neutralization, 278;
- contraband of war, 303;
- unneutral service, 308;
- convoy, 313;
- blockade, 314;
- prize, 324.
- Denmark, intervention in affairs of, 80;
- jurisdiction of, over Danish Sound and Two Belts, 109.
- Denunciation of treaties, 216.
- Devastation forbidden in war, 254.
- Diplomatic agents, exemptions of, 137;
- Diplomatic negotiation as a means of settling disputes, 218.
- Diplomatic papers. See State Papers.
- Diplomatic relations, breaking off of, 173, 174.
- Discovery of America, 18;
- a method of acquiring territory, 98.
- Dispatches, carriage of, 308.
- Disputes, amicable settlement of, 217–225.
- Domicile, papers proving, 128.
- Draft of treaties, 203.
- "Due diligence," in the Alabama case, 297.
- Eastern and non-Christian states, powers of consuls in, 193–196.
- East India Company, powers of, 54, 55.
- Educational institutions, exemption of, 239, 240.
- Egypt, relations of, to Great Powers, 92;
- mixed courts of, 141.
- Embargo, defined, 221, 222.
- "Enemy's Ships, enemy's goods," doctrine of, 22, 300.
- Enemy subjects, status of, 238.
- English orders in council of 1806 and 1807, 315.
- Enlistment of troops for belligerent service, 295.
- Envoys. See Ambassadors, Diplomatic Agents.
- Equality of states, 68, 88–93.
- Equity, a basis of international law, 10.
- Estuaries, as affecting jurisdiction, 108.
- Exchange, as a means of acquiring territory, 100;
- Exequatur, form of, 190;
- Exploration, exemption of vessels engaged in, 245, 246.
- Exterritoriality, what it is, 134 et seq., 177.
- Extradition, law as to, 141–146.
- False colors, use of, 252.
- "Favored nation." See Most Favored Nation.
- Feudalism, influence of, 16, 19.
- Financial transactions, intervention on the ground of, 86, 87.
- Fisheries, on the high seas, 114;
- Fishing vessels, exemption of, from capture, 246.
- Flags of truce, use of, 253, 264, 265, 267–269, 272.
- Foraging, when may be resorted to, 243.
- Forbidden methods in war, 252–254.
- Foreign-born subjects, jurisdiction over, 122.
- Foreign Enlistment Act of Great Britain, 283.
- France, recognition of republic of, 45–47;
- relation of, to balance of power, 83;
- one of the Great Powers, 90;
- friendship of, with Russia, 93;
- sale of territory to, by Monaco, 101;
- by Sweden, 101;
- partition of Africa by, 103;
- jurisdiction of, over certain gulfs, 108;
- treaty of, with England as to enclosed waters, 108;
- convention of, as to the Suez Canal, 111;
- jurisdiction over foreign merchantmen within her ports, 120, 121;
- as to foreign-born subjects, 122–124;
- marriage, 125;
- naturalization, 127;
- sale of forests of, by Prussians, 261;
- termination of wars of, 271;
- relations of, to neutrality and neutralization, 278, 279;
- citizens of, on expedition during Franco-German War, 289;
- views of, as to horses as contraband, 305.
- "Free ships, free goods," doctrine of, 247, 278, 300–303.
- Gallatin, Minister, liability of servant of, to local jurisdiction, 180.
- Garfield, President, testimony of foreign minister at trial of assassin of, 179.
- Genêt, M., action of, as to privateers in the United States, 282;
- consular prize courts of, 325.
- Geneva Arbitration, treaty as to, 204;
- the Alabama case at the, 297.
- Geneva Convention, as laying down new rules, 32;
- Germany, recognition of, 44;
- one of the Great Powers, 90;
- a party to the Triple Alliance, 92;
- partition of Africa by, 103;
- convention of, as to the Suez Canal, 111;
- jurisdiction of, over foreign-born subjects, 123, 124;
- citizens of, in China, 131;
- volunteer navy of, 255;
- sale of French forests by, 261;
- application of, to transport wounded across Belgium, 287;
- law of, as to prize money, 327.
- Gift, as a means of acquiring territory, 100.
- Good offices, settlement of disputes by resorting to, 218.
- Government of armies of United States, 331–365.
- Grant, President, recognition of France by, 45;
- Great Britain, diplomatic papers of, 34;
- protectorates of, 52, 53;
- power of, over various companies, 54, 55;
- recognition of belligerency by, 60;
- relations of, to treaty of Utrecht, 76;
- difference of, with Venezuela, 78;
- intervention of, in affairs of Denmark, 80;
- relation of, to balance of power, 83;
- one of the Great Powers, 90;
- attitude of, at the congress of Troppau, 90;
- Verona, 91;
- cession of Horse-shoe Reef by, to United States, 100;
- sale of territory to, by Netherlands, 101;
- partition of Africa by, 103;
- treaty of, with France as to enclosed waters, 108;
- convention of, as to the Suez Canal, 111;
- attitude of, as to the three-mile limit, 112–114;
- treaties of, as to Canadian fisheries, 114–116;
- Bering Sea, 116, 117;
- territorial waters jurisdiction act of, 120;
- jurisdiction of, over foreign-born subjects, 123;
- attitude of, as to naturalization, 127;
- jurisdiction of, over aliens, 131;
- immunities of diplomatic agents of, 180 et seq.;
- protectorate of, over Ionian Islands, 214;
- war of, with the Transvaal, 230;
- volunteer navy of, 256;
- guaranty of, as to Suez Canal, 280;
- neutrality laws of, 283;
- attitude of, as to, Terceira affair, 288;
- Alabama case, 297;
- contraband, 307;
- convoy, 313;
- blockade, 319, 320;
- continuous voyages, 320–324;
- law of, as to prize money, 327.
- Great Powers, enumeration of, 90;
- Greece, in early international law, 13;
- Guaranty, treaties of, 211;
- Guerrilla troops, status of, 236.
- Guidon de la Mar. See Sea Laws.
- Gulfs, as affecting jurisdiction, 108.
- Hanseatic League, treaty of, as to tolls, 109. See Sea Laws.
- Harbors, neutrality of, 287.
- "Hinterland Doctrine," explained, 99, 104.
- Historical collections, exemption of, 247.
- Holy Alliance, relations of, to Monroe Doctrine, 77;
- Horses, as contraband of war, 305.
- Hospital flag, use of, 253.
- Hospital ships, exemption of, 245, 246;
- neutralization of, 280.
- Hostages, when last given, 9 n.;
- in case of ransom, 259.
- Hostile vessels, departure of, from neutral port, 291.
- Hostilities, commencement of, 230.
- Humanity, intervention on the ground of, 84, 85.
- Hungary, jurisdiction of, over foreign-born subjects, 123.
- Immunities and privileges of diplomatic agents, 175–182;
- Independence of states, 68, 74–87.
- Indians, extinguishment of title of, 99.
- Individuals under international law, 56.
- Inequalities among states, court precedence, 89;
- Institute of international law, as to marine jurisdiction, 113;
- pacific blockade, 223.
- Instructions to diplomatic agents, 163, 202;
- Insurgents, who are, 56–58.
- Intercourse of states, 70.
- International law, definition and general scope of, 3–5;
- nature of, 6–11;
- historical development of, in early period, 12–14;
- in middle period, 14–19;
- in modern period, 19–24;
- writers, 24–28;
- sources of, practice and usage, 29, 30;
- precedent and decisions, 30, 31;
- treaties and state papers, 31–33;
- text writers, 33, 34;
- diplomatic papers, 34, 35;
- states, definition, 39, 40;
- nature, 40, 41;
- recognition of new, 41–49;
- legal persons having qualified status, members of confederations, etc., 50, 51;
- neutralized states, 51, 52;
- protectorates, suzerainties, etc., 51–53;
- corporations, 54, 55;
- individuals, 56;
- insurgents, 56–58;
- belligerents, 59–63;
- communities not fully civilized, 63, 64;
- general rights and obligations of states, existence, 67, 68;
- independence, 68;
- equality, 68, 69;
- jurisdiction, 69;
- property, 69, 70;
- intercourse, 70;
- existence, application of the right, 71, 72;
- extension of the right to subjects, 72, 73;
- independence, manner of exercise, 74, 75;
- balance of power, 75, 76;
- Monroe Doctrine, 77, 78;
- non-intervention, 78, 79;
- practice as to intervention, 79–87;
- equality in general, 88, 89;
- inequalities, 89–93;
- jurisdiction, in general, 96;
- domain, 97, 98;
- method of acquisition, 98–102;
- qualified, 103, 104;
- maritime and fluvial, 104, 105;
- rivers, 105, 106;
- navigation of rivers, 106–108;
- enclosed waters, 108–112;
- the three-mile limit, 112–114;
- fisheries, 114–117;
- vessels, 117–121;
- personal, general—nationality, 121, 122;
- natural-born subjects, 122;
- foreign-born subjects, 122–124;
- acquired nationality, 125–130;
- jurisdiction over aliens, 130–133;
- exemptions from jurisdiction, 134, 135;
- sovereigns, 135, 136;
- state officers and property, 136–139;
- special exemptions, 139–141;
- extradition, 142–146;
- servitudes, 146, 147;
- property, in general, 148, 149;
- of the state, 149;
- diplomacy and international relations in time of peace, general development, 151, 152;
- diplomatic agents, 152–159;
- suite, 160;
- who may send diplomatic agents, 160, 161;
- who may be sent, 161, 162;
- credentials, instructions, passport, 162–165;
- ceremonial, 165–170;
- functions, 170–172;
- termination of mission, 172–175;
- immunities and privileges, 175–182;
- diplomatic practice of the United States, 183–186;
- consuls, 186–197;
- treaties, definition, 198, 199;
- other forms of international agreements, 199–202;
- negotiation of, 202–209;
- validity of, 209–210;
- classification of, 210–212;
- interpretation of, 212–214;
- termination of, 214–216;
- amicable settlement of disputes, 217–219;
- non-hostile redress, 220;
- retorsion, 220, 221;
- reprisals, 221;
- embargo, 221, 222;
- Pacific blockade, 223–225;
- war, definition, 229;
- commencement, 229, 230;
- declaration, 231, 232;
- object, 232, 233;
- general effects, 233, 234;
- status of persons in war, persons affected by war, 235;
- combatants, 235–237;
- non-combatants, 237, 238;
- status of property on land, public property of the enemy, 239, 240;
- real property of enemy subjects, 240, 241;
- personal property of enemy subjects, 241–244;
- status of property at sea, vessels, 245, 246;
- goods, 247;
- submarine telegraphic cables, 248;
- conduct of hostilities, belligerent occupation, 250–252;
- forbidden methods, 252–254;
- privateers, 254, 255;
- volunteer and auxiliary navy, 255–257;
- capture and ransom, 257–259;
- postliminium, 260–262;
- prisoners and their treatment, 262–264;
- non-hostile relations of belligerents, 264–269;
- termination of war, methods of, 270;
- by conquest, 270, 271;
- by cessation of hostilities, 271, 272;
- treaty of peace, 272–274;
- definition of neutrality, 277;
- forms of neutrality and of neutralization, 277–280;
- history, 280–283;
- declaration, 283, 284;
- divisions, 284;
- relations of neutral states and belligerent states, general principles of the relations between states, 285, 286;
- neutral territorial jurisdiction, 286–289;
- regulations of neutral relations, 289–293;
- no direct assistance by neutral, 293–295;
- positive obligations of a neutral state, 295–297;
- neutral relations between states and individuals: ordinary commerce, 299–303;
- contraband, 303–306;
- penalty for carrying contraband, 306, 307;
- unneutral service, 308–310;
- visit and search, 310–313;
- convoy, 313, 314;
- blockade, 314–319;
- violation of blockade, 319, 320;
- continuous voyages, 320–324;
- prize and prize courts, 324–328.
- Internment of belligerent troops, 286, 290.
- Interpretation of treaties, 212–214.
- Intervention in affairs of other nations, 77–87.
- Ionian Islands, protectorate of, 23, 214.
- Islands, title to, when formed in rivers, 102.
- Italy, one of the Great Powers, 90;
- Jackson, President, attitude of, as to the Falkland Islands, 46.
- Japan, recognition of, 43, 44;
- Jettison of cargo, 13.
- Jurisdiction of states, 69, 94 et seq.;
- of diplomatic agents, 175-182;
- consuls, 193-196;
- over non-combatants, 237;
- neutral territorial, 286-289;
- in case of blockade, 314-324;
- as to prize courts, 325. See International Law.
- Jus belli, early international law, 13.
- Jus fetiale, defined, 7, 13.
- Jus gentium, defined, 7, 14.
- Jus inter gentes, defined, 7, 14.
- Jus naturale, defined, 6.
- Koszta, case of, 129, 130.
- Lakes, change in, as affecting territory, 102.
- Language used in treaties, 205, 206;
- Law of nations, term long used, 8.
- Laws of Antwerp. See Sea Laws.
- Laws of Oleron. See Sea Laws.
- Laws of the Rhodians, fragment of, 13.
- See Sea Laws.
- Legates, rules as to, 156, et seq.
- See Ambassadors, Diplomatic Agents.
- Letter of credence, form of, 164.
- Letters, in diplomatic relations, 200, 201.
- Letters of marque. See Privateering.
- Levies en masse, as combatants, 236, 262.
- Liberia, recognition of, 44.
- Licenses to trade, 266, 267.
- Lien, right of state to enforce, 98.
- Lincoln, President, proclamation of, as to blockade, 231, 317 n.
- Loans of money, by neutral to belligerent state, 295;
- by citizens of a neutral state, 295.
- Luxemburg, neutralization of, 52, 278.
- Madagascar, protectorate of, 53.
- Mails and mail steamers, under neutral flag, 309.
- Marcy, Secretary, as to naturalization, 128.
- Mare Clausum, rule of, as to Bering Sea, 116.
- Marine League. See Three-mile limit.
- Maritime ceremonials, in salutes, 89.
- Maritime war. See Neutrality.
- Marriage, as affecting nationality, 125;
- performed by diplomatic agent, 172.
- McKinley, President, message of, as to Cuba, 85;
- proclamation of as to blockade, 317 n.
- Mediation. See Good Offices.
- Memoranda, what they are, 171, 200.
- Messages, transmission of, 310.
- Milan decree of Napoleon, 315.
- Military assistance not to be furnished by neutral to belligerent, 293.
- Ministers, jurisdiction of Supreme Court as to, 31.
- See Ambassadors, Diplomatic Agents.
- Money, as contraband of war, 305.
- Monroe Doctrine, history of 77;
- position of United States as to, 93.
- Monroe, President, author of Monroe Doctrine, 77.
- Montenegro, recognition of, 44.
- "Most favored nation," what it means in treaties, 213, 214.
- Munitions of war, sales of, by neutral, 294.
- See Supplies of war.
- Napoleon Bonaparte, relation of, to Monroe Doctrine, 77;
- Natural-born subjects, jurisdiction over, 122.
- Naturalization, law as to, 125–130.
- Naval war code of the United States, 222, 400–416.
- Navigation of rivers, 106–108.
- Navy, exemption of, from local jurisdiction, 138.
- Netherlands, sale of territory by, to Great Britain, 101;
- convention of, as to Suez Canal, 111.
- Neutral goods, capture of, 247, 299 et seq.
- Neutrality, proclamation of, 60;
- of goods, 247;
- submarine telegraphic cables, 248;
- definition and history of, 275–284;
- laws of United States as to, 283, 296;
- of nations during war between Spain and the United States, 283;
- as to departure of hostile vessels from neutral ports, 291;
- British regulations as to, 291 n.;
- as to direct assistance, 293–295;
- obligations of state, 295–297;
- ordinary commerce in case of, 299–303;
- contraband in ease of, 303–307;
- unneutral service in case of, 308–310;
- visit and search in case of, 310–313;
- convoy in care of, 313, 314;
- blockade, 314–319;
- violation of blockade, 319, 320;
- continuous voyages, 320–324;
- prize and prize courts, 324–328.
- Neutrality statutes of United States, 283, 417–420.
- Neutralization of states, 51, 52;
- Non-combatants, who are, 237, 238.
- Non-hostile redress, what is, 220.
- North Sea fisheries, convention as to, 114.
- Notes, what they are, 171, 200, 212.
- Notification of blockade, 316, 317.
- Nuncios, rules as to, 156 et seq.
- See Ambassadors, Diplomatic Agents.
- Occupation, a method of acquiring territory, 98, 99;
- Officers of merchant vessels, status of, 236.
- Oleron, laws of. See Sea Laws.
- Oriental states, exemption of subjects of Western states in, 139–141.
- Oxford Manual, provisions of, 368, 381.
- Pacific Blockade, what it is, 223–225.
- Paris, treaty of, 206.
- Parole, release on, 263.
- Passengers, capture of, 258.
- Passport, form of, 133;
- Peace of Westphalia, relation of, to the balance of power, 75;
- Perfidy. See Deceit.
- Personal property, status of, in war, 241–244.
- Persons, jurisdiction over, 121;
- status of, in war, 235, et seq.
- Philippines, sale of, to the United States, 101.
- Pillage, prohibition of, 142.
- Poison, use of, forbidden in war, 253.
- Poland, partition of, 22, 76, 101.
- Political refugees. See Right of Asylum.
- Ports, neutrality of, 287.
- Portugal, partition of Africa by, 103;
- Postal communication, cartels as to, 265.
- Postliminium, what it is, 260.
- Prescription, acquisition of territory by, 101, 102.
- Prestation. See Angary.
- Prisoners of war, treatment of, 262–264;
- Privateering, history of, 254;
- action of, M. Gênet as to, 282.
- Private international law, of what it treats, 4, 122, 146.
- Private property of enemy, capture of, at sea, 247, 300 et
seq.;
- inviolability of, on land, 252.
- Private vessels, liability of, to capture, 245;
- exemption of, 246.
- Prize, courts of, 30;
- Prize courts. See Prize.
- Prize law of Japan, 246.
- Procès-verbaux. See Protocol.
- Proclamation of the United States as to the Declaration of Paris, 33;
- President, as to neutrality, 282;
- Projectiles, inflicting unnecessary suffering, 253;
- from balloons, 253.
- Promulgation of treaty, 209.
- Property, in general, 148, 149;
- Protectorates, states under, 52, 53;
- Protocol, what it is, 171, 199, 200, 202, 208, 209, 212, 272.
- Provisions, when may be supplied to belligerents, 290;
- as contraband of war, 305.
- Prussia, attitude of, at the Congress of Troppau, 90.
- See Germany.
- Public buildings, protection of, in war, 240.
- Public debt, stock held by enemy in, 242.
- Public international law, of what it treats, 4.
- Public vessels, liability of, to capture, 245.
- Quarter, refusal of, 263.
- Railway plant, status of, in war, 240, 252.
- Ransom. See Capture.
- Ratification of treaties, 207–209.
- Real property, status of, in war, 240, 241.
- Rebellion, intervention in case of, 85, 86.
- Recognition, of new states, 41–49;
- Religion, protection of, 182, 240.
- Repair, hostile character of ships of, 310.
- Reprisals, defined, 221.
- Requisitions, what they are, 240, 241, 243.
- Retaliation, liability to, 263;
- when forbidden, 254.
- Retorsion, defined, 220, 221.
- Right of asylum, on ship of war, 119, 288, 290;
- as to sovereign's hotel, 137;
- in house of diplomatic agent, 180–182.
- See Internment.
- Rivers, in determining territory, 102;
- Roman law, a basis of international law, 9, 14, 15;
- as to alluvium, 102.
- Roumania, recognition of, 44;
- cession of Bessarabia and a part of Turkey to, 100.
- Russia, suzerainty of, 53;
- relation of, to the balance of power, 83;
- one of the Great Powers, 90;
- attitude of, at the Congress of Troppau, 90;
- friendship of, with France, 93;
- sale of Alaska by, 101;
- treaty of, with Turkey as to Bosphorus, etc., 110;
- convention of, as to the Suez Canal, 111;
- claim of, as to Pacific Ocean, 116;
- volunteer navy of, 256.
- Safe conduct, what it is, 266.
- Safeguard, what it is, 266.
- Sale, transfer of territory by, 100.
- Salvage, granting of, 260–262.
- Samoa, neutralization of, 52;
- suzerainty of, 53.
- Scientific works, exemption of, 239;
- Sea laws, amalfitan tables, 17, 186;
- Search. See Visit and Search.
- Self-preservation, intervention for, 80.
- Servia, recognition of, 44.
- Servitudes, in case of Canadian fisheries, 114;
- Ship's papers, deposit of, in consul's office, 191;
- what required, 312.
-
Sick and wounded, treatment of, 264, 280;
- exchange of, 265.
- Sound dues, history of, 109.
- South African Republic, protectorate of, 52;
- South American states, husbands in, acquiring citizenship of wife, 125;
- views of, as to extradition, 143.
- Sovereign, exemptions and privileges of, in foreign countries, 135, 136.
- Spain, relations of, to Treaty of Utrecht, 76;
- interference in affairs of, 85;
- relations of, to Great Powers, 90;
- attitude of Congress of Verona as to, 91;
- convention of, as to the Suez Canal, 111;
- jurisdiction of, as to foreign-born subjects, 123;
- termination of treaty of, with United States, 215;
- vessels of, during war with the United States, 222, 246;
- attitude of, as to Declaration of Paris, 247, 255, 302.
- Spheres of influence, theory of, 92, 103, 104.
- Spies, status of, 236, 237, 265.
- Sponsions, defined, 201, 269.
- State officers, exemptions of, 136–139.
- State papers, as a source of international law, 31–35.
- Statute of limitations, law of, as to debts in time of war, 274.
- Steamers, status of, in war, 240.
- Stock, held by enemy in public debt, 242.
- Straits, jurisdiction of, 109.
- Stratagems, use of, 253.
- Submarine cables, convention for the protection of, 32, 248;
- censorship of, 310.
- Suez Canal. See Canals.
- Sulphur, as contraband of war, 305, 306.
- Supplies of war, not to be furnished by neutral to belligerent, 294;
- ships carrying, 310.
- See Munitions of War.
- Supreme Court of the United States, 30, 31.
- Suspension of treaties, 234.
- Suzerainty, instances of, 53.
- Sweden, relations of, to Great Powers, 90;
- Switzerland, neutralization of, 23, 52, 278;
- Taxes, lien of state for, 98;
- Telegraph, status of, in war, 240, 248;
- cables, 310.
- Telephone, status of, in war, 240.
- Terceira expedition, what it was, 288.
- Termination of treaties, 214;
- Territorial waters. See Three-mile Limit.
- Territory, acquisition of, 98–102;
- Three-mile limit, jurisdiction as to, 112–114, 120, 287.
- Transfer of territory, 100, 101;
- allegiance, 126.
- Transport, ships of, 310.
- Transvaal, war of, with Great Britain, 230.
- Treaties, as a source of international law, 31–33;
- intervention, because of, 82;
- of United States as to Canadian fisheries, 114–116;
- of extradition, 142;
- definition of, 198;
- other forms, 199–202;
- negotiation of, 202–209;
- validity of, 209, 210;
- classification of, 210–212;
- of London, 1831, 1839, 211;
- interpretation of, 212–214;
- termination of, 214, 216;
- denunciation of, 216;
- abrogation or suspension of, 234;
- of peace, 272–274;
- as to canals, 279, 280;
- as to free vessels making free goods, 300 et seq.
- Treaty of Berlin, suzerainties established by, 53;
- Treaty of Paris, relations of, to Great Powers, 92;
- Trent, case of, 309.
- Tribunal, none, of international law, 11.
- Triple Alliance, nations parties to, 92.
- Troops, internment of belligerent, 286, 290;
- enlistment of, for belligerent service, 295.
- Troppau, Congress of, 90.
- Truce. See Flags of Truce.
- Turkey, recognition of, 44;
- Uniform of enemy, use of, 252.
- United States, agrees to the Treaty of Paris, 33;
- diplomatic papers of, 34;
- recognition of other countries by, 44–49;
- suzerainty of, over Indians, 53;
- intervention of, in case of Venezuela, 78;
- Cuba, 85;
- attitude of, as to the Monroe Doctrine, 93;
- extinguishment of Indian title by, 99;
- cession of "Horse-shoe Reef" to, by Great Britain, 100;
- sale of Alaska, Louisiana, and the Philippines to, 101;
- territory of, formed by alluvium, 102;
- claim of, to jurisdiction over Chesapeake and Delaware bays, 108;
- attitude of, as to sound dues, 109;
- Dardanelles, 110;
- Bering Sea, 113, 116, 117;
- jurisdiction of, over foreign-born subjects, 122–124;
- as to marriage, 125;
- laws of, as to naturalization, 125–130;
- attitude of, as to Koszta, 129, 130;
- jurisdiction of, over aliens, 131;
- courts of consuls of, 140, 141;
- attitude of, as to diplomatic agents, 178 et seq.;
- diplomatic practice of, 183–186;
- French language used in treaties of, 206;
- making and ratification of treaties of, 207–209;
- termination of treaty of, with Spain, 215;
- attitude of, as to embargo of 1807, 222;
- naval war code of, 222, 400;
- vessels of, during war with Spain, 222;
- attitude of, as to, blockade of Crete, 223, 224;
- Spanish vessels during war with Spain, 246;
- Declaration of Paris during war with Spain, 247, 255, 302;
- volunteer navy of, 256;
- destruction of vessels by, in War of 1812, 259;
- attitude of, as to ransom, 259;
- salvage, 260, 261;
- practice of, as to exchange of prisoners, 263;
- guaranty by, of neutrality of trans-isthmian canal, 279;
- neutrality laws of, 283, 296, 417;
- attitude of, as to Alabama case, 297;
- treaties of, as to free ships making free goods, 300 et seq.;
- articles enumerated by, as contraband of war, 304 et seq.;
- attitude of, as to convoy, 313;
- blockade, 319, 320;
- continuous voyages, 322;
- practice of, as to prize courts, 325 et seq.;
- repeal by, of law as to prize money, 327.
- Unneutral service, what it is, 308–310.
- Uti possidetis, Doctrine of, 273, 274.
- Utrecht, Peace of, as an epoch in international law, 21 et seq., 77, 206.
- Venezuela, boundary line of, 78.
- Verona, Congress of, 77, 91.
- Vessels, classes of, 117;
- nationality of, how determined, 117;
- jurisdiction over, 117–121;
- status of, at sea, 245 et seq.;
- in port at outbreak of hostilities, 246;
- voluntary and auxiliary navy, 255–257;
- capture and ransom of, 257–258;
- postliminium, 260–262;
- cartel, 265;
- in case of neutral relations between states and individuals, 298–328;
- visit and search of, 310–343.
- See Privateering, Right of Asylum.
- Vienna, Congress of, settling of court precedence by, 89;
- Visit and search, right of, 310, 311;
- Volunteer and auxiliary navy of, Prussia, 255, 256;
- War, definition of, 229;
- commencement of, 229, 230;
- declaration of, 231, 232;
- object of, 232, 233;
- general effects of, 233, 234;
- persons affected by, 235;
- combatants in, 235–237;
- non-combatants in, 237, 238;
- public property of the enemy in, 239, 240;
- real property of enemy subjects in, 240, 244;
- personal property of enemy subjects in, 241–244;
- vessels, 245, 246;
- goods, 247;
- submarine telegraphic cables, 248, 249;
- belligerent occupation during, 250–252;
- forbidden methods in, 252–254;
- privateers in, 254, 255;
- voluntary and auxiliary navy in, 255, 257;
- capture and ransom in, 257–259;
- postliminium in, 260–262;
- prisoners and their treatment in, 262–264;
- non-hostile relations of belligerents in, 264–269;
- methods of termination of, 270–274.
- Warlike expedition, what is a, 289.
- Washington, President, attitude of, as to neutrality, 282.
- Waters, as affecting jurisdiction, 102 et seq.
- Webster, Daniel, views of, in case of the "Caroline," 435.
- Westphalia, Peace of, as an epoch in international law, 19.
- Wisby, laws of. See Sea Laws.
- Women, nationality of, 125.
- Works of art, exemption of, 239, 247.
- Writers, upon international law, 24–28, 33, 34.