Halleck's International Law, Or, Rules Regulating the Intercourse of States in Peace and War, Volume 1

Front Cover
Kegan Paul, Trench, Trübner, 1893
 

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Contents

Foreign marriages
10
Writers prior to Grotius II
11
Writings of Grotius
12
Political events from the Peace of Westphalia to that of Utrecht
13
Questions agitated
14
Writers following Grotius
15
Jurisdiction with respect to actions
16
Political events from the Peace of Utrecht to the end of the Seven Years War
17
Writings of publicists
18
Over real property Over personal property
19
From the close of the Seven Years War to the French Revolution
20
Questions agitated
21
Writings of publicists
22
From the beginning of the French Revolution to the Con gress of Vienna
23
Public and private vessels on the high seas
24
Public vessels and prizes in foreign ports
25
Private vessels in foreign ports
26
Summary of the judicial powers of a State
27
Treaties and compacts
28
Criminal sentences
29
Foreign judgments
30
Judgment of prize courts c in
31
Courts how far judges of their own jurisdiction
32
Proof of foreign laws
33
Of contracts and instruments
34
Judgments of mixed tribunals
59
CHAPTER III
65
22
84
CHAPTER IV
93
PARA PAGE 6 This usually is a mere excuse
96
Chateaubriands views 96 2
97
Under treaty stipulations
99
On the plea of humanity
101
By invitation of contending factions
102
Right of arbitrator to enforce his decision
103
Independence in legislation and courts
105
Only within its own territory Foreign bonds Law of Liquidation of Egypt
108
In rewards and punishments
109
Right of selfpreservation III
111
May be limited by treaty II2 21 By the rights of others
112
Increase of army and navy
113
CHAPTER V
116
Consequence in regard to rights
117
Effect of custom and treaties
118
Claims of the Pope and of the Emperor of Germany
119
Difficulties between ministers I 20
120
Emperors and kings I21 10 Monarchical sovereigns I21 11 Semisovereign and dependent States
121
Republics I22 13 General rule of equality and precedence
122
Usage of the alternat
123
Military and maritime ceremonial
124
In foreign ports and on the high seas
126
Treaty regulations
127
General rules of textwriters
131
Salutes between ships and forts
132
Ships in foreign ports
134
Regulations of British navy
136
Regulations of French navy
137
Regulations of Spanish navy
138
Regulations of United States army and navy
139
Difficulties in the application of rules
140
App Italian law of Papal guarantees 1871
142
CHAPTER VI
146
Prerogative
147
Jura majestatis and regalia
149
Property and domain
150
Right of eminent domain
151
Right of a State to own property
153
Patrimonial kingdoms
155
Inhabitants of such kingdoms
156
Maritime territory and territorial jurisdiction
157
Coasts and shores
163
Principle of the kings chambers
165
Claims to portions of the sea
167
Mare clausum and mare liberum
168
The Black Sea and Dardanelles
169
The great lakes and their outlets
170
Navigable rivers as boundaries
171
Effects on boundaries
172
Textwriters
173
Use of their banks
174
The Rhine and other great rivers
175
The Mississippi
176
The St Lawrence
177
App The Franconia case
180
Of foreign judgments
186
App Treaties of extradition
190
208
208
21I
211
Rights of Legation and Treaty 1 Right of legation essential to sovereignty Of semisovereign States
269
Treaties of Peace
275
Sponsions
277
Of amity or friendship
286
Guarantees and securities
292
Collision of stipulations
301
PARA PAGE I Peace the end and object of war
306
Powers to make war and peace may be distinct
307
May a prisoner of war make a treaty of peace ?
308
Implied power of alienation of territory
309
Duty of compensation to individuals 310 1
311
General character of a treaty of peace
312
IO New grievances from same cause
314
Claims unconnected with causes of the war
315
Principle of uti possidetis
316
Criminal responsibility of individuals
317
Civil responsibility for damages
318
Constructive and actual knowledge of peace
319
In what condition things are to be restored
320
Chargés daffaires
329
TO Messengers and couriers
330
Domestics and servants
331
Inviolability of ministers
332
Exemption from all local jurisdiction
333
If he plot against the government
338
If he renounce his right of exemption
339
If he voluntarily submit to local jurisdiction
340
Extent of civil jurisdiction
342
Of criminal jurisdiction
346
Public ministers how punished
347
Dependents how punished
349
Testimony of ministers c
352
Exemption of ministers house c
353
Reason of their authority
355
Of taxes and duties
356
Freedom of religious worship
358
Full power
359
Instructions
360
Passports and safeconduct
361
Passing through other States
362
Termination of public missions
363
By death of the minister
364
By his recall
365
By his dismissal
366
Respect due to local authorities
368
CHAPTER XI
369
General powers in modern times
370
Consular organisation
371
Consuls have no diplomatic character
372
They have no rank except among themselves
373
Enjoy certain rights and exemptions
374
Office distinguished from status of officers 0
375
When they are foreigners
376
When citizens of the country
377
Jurisdiction over consuls in the United States
379
Powers of arbitration
380
Marriage and divorces by consuls
381
The granting of passports
383
They can afford no refuge from process
384
Public character of consul
385
Consuls of Christian States in the East
386
Powers of European consuls in China Japan and other Oriental countries
387
The Foreign Jurisdiction Act 1890
389
Japan
390
French jurisdiction in China
391
Acts of Congress of United States for carrying treaties into effect
392
Controversies between subjects of foreign States in Oriental countries
394
International courts of Egypt
395
Constitution of these tribunals
398
CHAPTER XII
401
Rights of the State
402
Naturalisation
403
Apparent conflict between allegiance and naturalisation
410
Allegiance does not affect personal domicil
414
Domicil defined
415
Divisions of domicil
416
Intention the controlling principle
417
Domicil from residence
418
Exercise of political rights
419
Character and extent of business
420
Time of residence
421
Evidence to repel the presumption
422
Other public officers
423
A wife minor student servant
424
A soldier prisoner exile and fugitive
426
Effect of municipal laws on domicil
427
Temporary residence
428
Native character easily reverts
429
CHAPTER XIII
440
22
463
6
488
II
495
CHAPTER XVI
501
2
503
56
515
22
521
Ancient modes of declaration
522
Modern practice
523
Declaration sometimes omitted
524
Conditional declaration
525
Offers after declaration
526
On commerce c
527
Carrying supplies to a colony c
528
Only exception to a rule of nonintercourse
529
On subjects of an enemy in our territory
530
Laws of particular States
531
Enemys property in territory of belligerents
532
Debts due to an enemy
533
Distinction between public and private debts
536
Distinction made by English textwriters
538
The Silesian loan
539
Commencement of war how determined
540
In regard to neutrals
542
On local civil laws
543
Difference between military and martial law
544
Court of the Constable and Marshal
546
Martial law on the Continent
548
Martial law in the United States
549
Suspension of habeas corpus
550
Power of the President of the United States
552
CHAPTER XVIII
553
Certain classes usually exempted
554
Levies en masse
555
Power to raise troops
556
59
557
Partisan and guerrilla troops
559

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Page 88 - ... is, not to interfere in the internal concerns of any of its powers ; to consider the government de facto as the legitimate government for us ; to cultivate friendly relations with it, and to preserve those relations by a frank, firm, and manly policy ; meeting, in all instances, the just claims of every power, submitting to injuries from none.
Page 87 - In the wars of the European powers, in matters relating to themselves, we have never taken any part, nor does it comport with our policy so to do.
Page 282 - But when the terms of the stipulation import a contract, when either of the parties engages to perform a particular act, the treaty addresses itself to the political, not the judicial department; and the legislature must execute the contract before it can become a rule for the Court.
Page 87 - Of events in that quarter of the globe with which we have so much intercourse, and from which we derive our origin, we have always been anxious and interested spectators. The citizens of the United States cherish sentiments the most friendly in favor of the liberty and happiness of their fellow-men on that side of the Atlantic.
Page 173 - Majesty shall be continued westward along the said forty-ninth parallel of north latitude to the middle of the channel which separates the continent from Vancouver's Island, and thence southerly through the middle of the said channel, and of Fuca's Straits to the Pacific Ocean...
Page 86 - It was stated at the commencement of the last session that a great effort was then making in Spain and Portugal to improve the condition of the people of those countries, and that it appeared to be conducted with extraordinary moderation. It need scarcely be remarked that the result has been, so far, very different from what was then anticipated. Of events in that quarter of the globe with which we have so much intercourse, and from which we derive our origin, we have always been...
Page 88 - Our policy in regard to Europe, which was adopted at an early stage of the wars which have so long agitated that quarter of the globe, nevertheless remains the same, which is not to interfere in the internal concerns of any of its powers...
Page 86 - At the proposal of the Russian Imperial Government, made through the minister of the Emperor residing here, a full power and instructions have been transmitted to the minister of the United States at St. Petersburg to arrange by amicable negotiation the respective rights and interests of the two nations on the northwest coast of this continent.
Page 300 - ... with any state or people, for the purpose of erecting or maintaining any such fortifications, or of occupying, fortifying, or colonizing Nicaragua, Costa Rica, the Mosquito coast, or any part of Central America, or of assuming or exercising dominion over the same...
Page 179 - States, subject to any laws and regulations of either country within its own territory not inconsistent with such privilege of free navigation.

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