Institutes of international law, public and private, as settled by the Supreme court of the United States, and by our republic. With references to judicial decisions

Front matter

KF

Cornell University Library JX 237.G22

Institutes of international law, public

CHAPTER I. Nations, National Immunity, Sovereignty and Executive Organs

Nations, what and how affected by changes, p. 1, 2, 3, 4, 5.

Actual existence of a nation, a fact, 2.

Nations may lose nationality, how, 2, 3, 4.

Confederation and Constitution of United States and their effect, 2, 3, 83.

New Btates, how added, 3.

Equality of nations and of our states, 4, 32.

National immunity and independence, 5, 6.

Unauthorized interventions, 6 — 10.

Louis Philippe's violated pledge to Lafayette, 7, 8.

Royal Crusade, Holy Alliance, 8, 9.

American right of self defense up to Gulf Stream, as to Cuba, Mexico, <fcc, 9,10

20, 25—28.

Interventions for Christian freedom in China and Japan, by treaty, and in Turkey,

Nation's property and jurisdiction over ungranted land, though possessed by Indians, 11, 13.

May acquire territory by purchase or conquest and discovery, 13 — 15.

Nation's sovereignty covers its territory, land, islands and waters, and three mile curtilage of maritime states, 15, 18, 19, 21.

Curtilage, how measured, 18.

"Where a line between two states or nations is the middle of a river, great lake or bay, a common jurisdiction arises, and common right of fishery, 15-r-18.

But no obstructions in such waters can be made by one without the other's assent, 1 6.

Natural alluvion and new islands go to the state whose territory covers them, 16.

Where a state, as Virginia and Kentucky, own to the bed of a river, as the Ohio, and to low water mark, the soil below low water mark belongs to those states, 16, 17.

These rules apply to American navigable waters, 16, 17.

Jurisdiction over Ships.

It extends to a nation's ships on the high seas, public and private, and to all persons on board, and to its citizens on desert islands and savage coasts, 19.

Over offenders in our Union on board foreign ships, 20.

Over pirates, 19.

Eight of search of foreign ships illegal, 19.

Over ships hovering for illegal traffic or belligerent objects, 19, 20.

Foreign army, armed ships and ships arriving in distress, and foreign executive, exempt from local jurisdiction, when, 20.

X CONTENTS.

Freedom of Navigable Rivers and Straits.

All ports of any nation on natural navigable waters, approachable from any sea or

ocean or strait is free to the world's commerce, 21, 22. All riparian nations, and all maritime states, may trade by sea to and from such

ports, when opened, 21, 22.

Naturalization a natural right of nations, 22 — 24 European colonization in America, how viewed, 24 — 27. Eight of self defense, and of our defensive wars with Great Britain and Mexico

27— 2,8:

States de facto in our Union, how allowed, 28, 29.

Bights of sovereignty to derelict real and personal property, 29 — 30.

Sovereignty, Statb and National.

The power and supremacy of the national government of our Union, 30 — 32.

State municipal sovereignty, what, 2, 3, 31, 32.

Confined to its territory, 32-

Equality of our States, 32.

Perpetuity of the Union, 2, 3, 33.

Popular sovereignty, 83.

Power and duty of President, as to insurrections and foreign or domestic invasions,

33-85.

State martial law, how declared, 35.

United States priority in collecting debts, 35, 36.

Privileges of Sovereignty.

No prescription, or. statute of limitation binds a nation or a state, unless its statute shall so enact, J86, 37.

No franchise can be claimed by user, 37.

Nor can an action be brought against a nation, or state of our Union, unless specially authorized by statute,- 37.

Chapter II

Of cession of territory of nations, ^f states de facto, of the union and division of nations, of our states, and their consequences, p. 38.

Union of states and nations, how made,. 38 — 45.

Our Union may acquire by treaty, conquest or cession, 40, 42, 57, 61.

When a state, de facto, is allowed .to organise, and Congress admits her, her municipal government is good by relation, ab initio, 65 — 57.

A territorial government is a body corporate, 55.

Their powers depend on acts of Congress, 55.

Congress has a plenary jurisdiction over the territories, 55.

State power, propria vigore, is confined to its territory, 55, 56.

A State when Admitted equal to other States.

A division of a nation or state may be by a legal assent of the people, 41.

A state of our Union may be divided by an act of its legislature, with an assent of

Congress, 42.

By arms and Congresses nations may be divided, 41, 44. Nations de facto, what, 44, 45.

Partition of Nations, bow effected.

As to our territory and fisheries in 1783, 45 — 49. American rights of fishery, 45—49.

Consequences of Union and Division.

As to rights, liabilities, debts, &«., 49, 52, 57, 59.

Conquest of cession passeB all political rights and all public domain, but docs not change the municipal law or affect private property, 40, 51, 53, 64, 69, 60.

CONTENTS. xi

When and how state municipal law takes effect, 69, 60. When acts of Congress, and how, are extended, 60. When the Constitution of the Union took effect, 69. Cessions of territory to our Union, all by compact or treaty, 61.

CHAPTER IH.

Eminent domain, p. 68.

What right, in Congress and state legislatures, 68, 78, 79, 80, 87, 88, 93.

Any private property can be taken, and a corporate franchise or property, 68, 76.

United States public domain, or state lands, are subject to it, but not lands for forts,

armories or special state or national objects, 65, 72, 75. The taking must be for a public object, as judged by Congress or a state legislature,

and must be paid for, 63, 66, 75, 79, 82, 89, 90. Taxation, state and national, and their limits, 64, 71, 73, 74. Alien's property is subject to taxation and eminent domain, 64, 70, 83. A state or Congress, by compact, may exempt a property from taxation, 71, 75, 76. A state cannot tax United States property, United States bank stock or salaries. 68,

70,71,77.

Equality of taxation, 83.

Destruction of property, what, 78.

Tolls on artificial works, when legal by Congress or state legislatures, 79, 80, 89 Persons and imports, when taxable and when not by states, 69, 70, 83. Mail stages and cars are taxable by states, 75. These rights in the district, in Congress and in territories, 77, 83. Property taken or applied to public use by the United States must be paid for, 77,78. But one man's properly cannot be taken to transfer to another, 78, 79. By eminent domain a state holds the soil under navigable waters for public use,

wharves, <Scc, 79.

Where land is taken in fee absolute, and paid for, its title is perfect, and upon a

disuse for the publicit may be sold or applied to any other public use, 81, 82, 92. Bills of attainder, ex post facto, retrospective, usury, limitation and recording laws,

their effect, 83, 87.

When a title is complete, by a statute of limitations, it is perfect, 85. Congress may take, by eminent domain, lands and property, franchises for national

objects, 65, 77, 87.

Land taken for a road, and paid for, when it goes back to the adjacent proprietor,

from whose land it was taken, 92.

Legislatures can grant any franchises deemed wise, though competing and injurious,

unless a special compact for a valid consideration is made, 92. All public grants of franchises, fisheries, wharves, lands, <fcc., are construed most

strongly in favor of government, 93.

Chapter IV

National and state jurisdiction, civil and criminal, p. 94.

National and state jurisdiction over territory and curtilage, what, 94, 95, 99.

Exceptions by comity of foreign executives, foreign armies and. armed ships, of public ministers, when and what, 95 — 97, 100.

Ships driven in by stress of weather are generally exempt from local laws, 96.

Nations not bound to allow armies to enter, 95, 97.

A nation may exempt persons from suits, 96.

Foreign ships of war are required to cruise beyond the Gulf Stream, 96, 97.

Nor can a public foreign ship harbor criminals, 97.

If a foreign army invades a neutral territory, and commits acts of violence there, the wrong is national, and the military acts are not individual, McLeod's case, 98.

All foreigners, natives and pirates are subject, as well as property, to such jurisdiction, 99, 100.

If a Btate can arrest an offender, or obtain him by extradition, he may be tried and punished by its law, 99.

Exika-Terkitoeul Jurisdiction.

A nation's sovereignty subjects to its laws pirates and offenders against the law o nat'ons, as well as its citizens on the high seas and abroad, 100.

Xli CONTENTS.

Comity confers on foreign states and nations the right and duty of free intercourse,

commerce and hospitality, and imposes the duty of enforcing contracts and

rights not inconsistent with morality, 101. Derelict property — this goes to the sovereignty protecting it, 101. Foreign contracts, form, effect and interpretation, 102 — 107. Foreign mortgage, 107.

Foreign contracts to convey lands, 107, 108. Foreign exchange, usury, guaranties, 108, 109. Formalities of same as to writing, &c, 110. Actions for realty must be brought where it lies, 111. Actions for injuries to person and property are transitory, 111. Real and mixed actions must be in the place of the realty, 111. In certain cases, where a river divides our States, a suit may be brought in either,

111, 112.

So, where a party moves the wrong or crime in one State and it is effected in

Lex fori governs as to remedies, and the statutes of limitation of the lex fori, and

non-imprisoment laws belong to the lex fori, 113, 120, 121. A law changing the obligation of a contract is illegal, though, remedies may be

changed, 113 — 115.

Usury and interest, the law of, 115 — 118. Usury on bills of exchange, 119.

Bills of exchange and promissory notes, 118.

Defenses to foreign contracts, and rights founded on foreign laws, 120 — 122. Immovables, law of transfer, 122 — 127.

Voluntary transfers of movables, if in another State or country, law of, 127 — 130. Foreign liens, 130.

Wills and succession of movables, 130. Interpretation of wills, 131, 132.

Immovables and real estate, local law governs, 132 — 134. Actions for the recovery of, are local, 133. A State or nation is the fountain of title to realty, 134. A State sovereignty takes by escheat derelict realty, as well as such personalty left

there, 134.

The United States have same rights in the territories and District of Columbia, 134. Droit d'auhaine explained, 134 — 136. Foreign guardians, law of, 136.

Foreign executors and administrators, 137, 138. Equitable rule as to ancillary administrations, 139. International proofs, 140.

Probate of foreign wills, 140.

Probate wills of realty, 142.

Rules of evidence, 142.

Foreign laws and their proof, <fec, 142, 310. Foreign seals, 143.

Authentication of records in our Union, 144 — 146. Proof of judgments, 146.

If a foreign law is not pleaded, the lex fori will be deemed the same, 146. Extra-territorial-judicial action on realty, 147.

A foreign court may act on a person, and compel trusts and duties relative to it, 147. Extra-territorial jurisdiction may be assumed by a nation to several leagues seaward

to prevent frauds on the revenue, 147. Extra-territorial jurisdiction of a nation, civil and criminal, extends to all persons

on board its ships on the high seas and in foreign ports, 147, 148. Piracy, law of, 148—152.

Extra-territorial American courts in Turkey and China, 162. Extradition of fugitive criminals, deserters and slaves, law of, 153 — 156. Extradition laws, proofs, <6c, 166 — 173. National comity explained, 173 — 175. Marriage and divorce, 175 — 179.

Foreign judgments and decrees, 180 — 186. Invalidity of, 186— 191.

Sales for taxes and assessments, 191, 192.

CONTENTS. Xiii

Legal sales, 191, 193.

All judgments in personam must be founded on personal service, within the jurisdiction of the court, on defendant, or he must appear, or they will be void, 180 — 186, 189, 190, 359.

"Want of jurisdiction or fraud in a judgment may be shown collaterally, and will make it void, 180, 181, 186, 192, 193.

Courts-martial and martial law, 193 — 195.

Extra-territorial martial law, 208.

Bankruptcy and title of foreign assignees, 195 — 201.

Foreign Divorces, 201.

Extra territorial jurisdiction as incident to the personal service of process, 202 — 206.

Priority of administration, 206.

Foreign and marine trespasses, 206.

Foreign criminal and penal laws, 207.

Concurrent power of nations and of the States of our Union over dividing waters, 209.

Power of states to exclude paupers, offenders and aliens of offensive cast, 211.

No nation or state can seize a criminal beyond its territory, but it may make laws to punish foreign criminals if found within it or if they are delivered up, 211, 212, 282.

High seas, 213.

Lis pendens in foreign courts, 215.

Extra-territorial jurisdiction of nations, 215.

Fraud in documents avoids them, 216.

Chapter V

American law and leading principles of the private international law of the United

States, p. 218.

Character of our institutions and law, 218 — 225, 292, 297, 847. Power of Congress over war, naturalization, coinage, commerce with foreign nations,

among the States and with the Indian tribes, 225, 226, 255, 347. Internal State commerce, 226.

Distinction between foreign commerce and internal, 227 — 229. Inter-state commerce, 325, 879.

Wharves and wharfing, 230 — 232.

Pilotage and salvage, 282.

National navigable waters, law of, 234 — 248. Municipal belong to internal commerce, 248 — 250. Purpresture and public nuisances in navigable waters, 250 — 254. National improvements, power of Congress over, 254. Harbors and rivers, 255.

Transit duties, no state can levy, 225, 255. Ingress and egress of Americans and foreigners into our Union, how regulated, 225

226, 255.

Commerce with Indian tribes, 256.

Land under water and fisheries, 257.

Naturalization, our law of, 257 — 263. State laws impairing the obligation of contracts, 263 — 269. Municipal corporations, 269.

Remodeling same, 278.

Patents, copyrights, 271.

Suits by and against States, sovereigns and nations, 272. Limitations of legislative power, 274. Assignment or loss of legislative power, 277. Conflict of legislation, 279.

Suits in State and national courts, 279. State law, interpretation and effect, 280. Concurrent jurisdiction explained, 281. Congress cannot compel State authorities to execute national judicial duties, but

comity requires that no State law should prevent it, 281. In such cases an appeal lies to the Supreme Court of the United States, 281. States may execute a common law concurrent jurisdiction, 281. If an act of Congress and a State law conflict, the latter is superseded, 281.

xiv CONTENTS.

Concurrent criminal jurisdiction, what, 282.

National and State judicial actions are independent, and a State officer cannot, by

habeas corpus or otherwise, deprive a national court of cognizance of a case

before it of a party arrested, 283 — 288. Harmony of national and State judicial action, 288 — 292. National and State powers, 292.

Foreign diplomacy, law of, 293.

Habeas corpus, national, its use, 293. State cessions and prohibitions, territories and District of Columbia, new States, 295,

297.

Incidental powers of Congress, 297.

Legislative protection, 299, 300.

Imprisonment for debt, 301.

National law, how composed and construed, 301 — 304. State law, how, 801.

Supremacy of law, what, 306.

Statutes of limitations and recording laws, 307. Proof and presumption of foreign law, 142, 310. Usage and constitutional construction, 314 — 316. National comity, 316.

Corporations, law of, 817 — 377.

A corporation is not a citizen of a State, 319 — 331. It can act in other States as its law permits, 319.

Two corporations cannot unite unless specially authorized by statute, 320. Liable for torts and contracts of their agents, when, 320, 321. The directors and officers are liable for frauds to the injury of any one, 321, 323. The directors are bound to know the state of their companies, and are chargeable

with such knowledge, 322.

Treason, law of, 323—332.

Obstructions of law, what, 332.

Judicial tribunals follow their own government in recognizing nations and States, 833. National courts follow State courts as to State law, purely local, 333. Line of demarcation between national and State judiciary, showing when the former have exclusive jurisdiction, and when that of State courts is concurrent,

334—342.

Admiralty, circuit courts, maritime contracts, 334 — 347. Judicial rules in collisions, 342.

Judicial rules of navigation, 375.

Water common carriers, 343 — 346.

Salvage does not apply to rafts on our rivers and such craft, 227, 346. Resident aliens may sue in national courts, 347. Piracy cases belong exclusively to national courts, 347. So of government seizures and salvage cases, 348. So of patent cases, 348.

State courts and laws cannot control the national tribunals, 349. Appeals to Supreme Court United States, 289, 349. Mandamus, 350.

Where the national courts have exclusive authority over the principal question, as

of a forfeiture, they have of all incidental questions, 352. Territorial jurisdiction of States of our Union, what, 853. A State law repugnant to a State constitution is void, 355. A legislative power is not transferable, 355. State and national courts decide when acts to be void, 355, 356. Practice of national courts, 356.

Correspondence of pleadings and proofs, 357. Constitutional protection of life, liberty and property, 357 — 364. A party not obliged to criminate himself, 361.

No one can, by force or fraud, be brought into a State and served with process, 861. Nor twice tried for same offense, if acquitted, 362. No outlawry, 362.

Plenary power of municipal bodies, 364.

Other corporations and associations, liability for injuries, when, 369. Interpretation of constitutions, 37 '-

CONTENTS. xv

Prerogative not applicable to our Union, 372.

Liabilities of corporations and other principals for acts of their agents, 372, 375. Violations of duties imposed by a franchise or office, 376. Corporations limited to the express powers granted, 377. Misapplication of their funds, remedy, 377 — 379.

Power of Congress over inter-state commerce and national currency, 225 — 230, 379. Legislative power over property of heirs and infants, 380. National and State boundaries, how settled, 380. National and State compacts, 382.

Limitation of State legislation as to moneyed and other corporations, 383 — 388. A party may waive any legal right, 388.

Congress or a State legislature may, by a statute, authorize municipal bodies to subscribe for stock of a rail-road or other improvement, 388, 389.

CHAPTER VL

EightB of property and public rights, p. 390.

Every State is vested originally with all property therein and appurtenant rights,

The title to our national territory and the right of our States to realty explained,

390—394.

American title to San Juan island, 392. Title by conquest and discovery, 394. States and nations estopped by acts and recognitions, 394. Effect of acts of former governments on titles, 394 — 399. Our national government can settle our boundaries, and the States and individuals

are bound by it, 399—401.

Where navigable waters are the line, the middle is the boundary, unless otherwise

agreed, and islands and accretions belong to the fortunate party, 15 — 17, 401. If a whole river belongs to one party, low-water mark is the line, 401. If a river or lake abandons its bed, the old line remains, 401. But neither nation can erect artificial works, and change the channel and current,

16,401.

Our States, their territory, curtilage, fisheries and soil under national navigable

waters, great lakes, &c, 402, 403.

It may be and is modified by treaty, 402. The State ownership of such soil, for us a public truBt, belongs to our States before

and after reclamation, and fisheries, and such soil can only be used by State

authority, 403.

This title extends from ordinary high-water mark outward, 403, 404. This doctrine applies to the great lakes, straits, &c, 405. States own unoccupied islands on the sea-coast two leagues from shore, and may

own further in certain cases, 405.

Artificial works belong to a State or nation though actually owned by corporations, and may authorize discriminating tolls as between citizens and foreigners,

(Panama Railway,) 406.

Every nation owns all the property and rights of its citizens in reference to foreign

nations, and ought to protect it, 406, 434. Right to pass freely Suez, Tehuantepec, Nicaragua, Panama, &c, 406, 407. Public domain, transfer, law of, 407 — 409. Private rights not affected by cession, 409. United States transfers of domain, 410 — 413. State transfers of same, 413.

Construction of grants by public, 414. Public navigable waters, law of, 415. Dedication of realty, 417.

Divestment of public rights, 418.

Roman titles, 421.

Franchises, 423 — 427.

American franchises, 427 — 430.

Alluvion, islands, reliction, 16, 430. Public nuisances, 430.

Offices and public employments, law of, 431—433. Escheats and derelicts, 433.

xvi CONTENTS.

Human life as property, 434.

Aliens in a foreign country, and on board of its ships, are entitled to protection,

434,435.

A State of our Union may sue to enforce the right of navigating a river, 435.

CHAPTER VIL Eights of persons, p. 436.

Nations own all rights of its citizens, and they are deemed parties to its acts, 436.

Inalienable rights of aliens abroad, religious freedom, just action of judicial tribunals, 436—439.

To national commerce and intercourse, 439—442.

. To national hospitality, 442—445.

Bight of resident foreigners to lands, 445.

Taxes on property of aliens, 446.

American republic, area of freedom, 447.

Eight to freedom of seas and other rights, 448.

To naturalize citizens, and to protect incipient citizens domiciled, 448 — 457.

American citizenship confined, in main, to free white persons, 457—460.

American public law of liberty, 460.

Effects of extradition, 461.

Status of people of a State, law of, 462, 474.

Master's right of transit with slaves, 468, 470, 473, 474.

Plenary power of Congress over slavery in territories and District of Columbia, 470 —472.

Dred Scott case, 470, 474.

Slavery, emancipation, citizenship, 474, 478.

Slavery for crimes, 478.

Emancipation by law of nations, 479.

American citizenship, rights of, 480, 483.

In foreign countries, 487.

Eights of foreign corporations, 483.

Citizens parties to national acts, 484.

Power to exile or outlaw, laws of, 485.

Comity and the gospel, 488.

Eights of domicil, 489.

Eights to freedom, 491.

Color of races, and their character, 491.

Duty and policy of emancipation, 492.

Colored migration, law of, 493.

Identity of human race, 494.

CHAPTER VIIL

Presidents, sovereigns, national executives, foreign ministers and consuls, pp. 495, 506. Exemptions allowed them abroad, 495, 502, 505. Consular powers and duties, 502.

Americans in China and Turkey, 503.

CHAPTER IX.

The gospel, the basis of international and municipal law, pacific rights and duties

p. 607.

Gospel basis of law, 607, 508.

Pacific rights and duties of aliens abroad, 507, 508. Pacific duties of nations, 507, 508, 511. Neutral bound to avoid all acts in aid of war, 508.

Captures in or by use of neutral territory are illegal, 508, 609, 612 — 516. Belligerent captures by neutrals under a formal naturalization and commission are

illegal, 509.

Congress to improve law of nations, 616.

Morse's telegraph, the railway and other inventions, aid in advancing law, 516. Louis Napoleon, and other states, contribution to Morse commended, 516.

CONTENTS. Xvii

CHAPTER X.

Maritime rights of nations, p. 517.

Freedom of the seas and international navigable -waters defended, and the history

of American and European efforts to establish such rights given, 616, 545. American efforts and projects, 524 — 528. National recognitions of an improved maritime law, 528, 536. Self defense, 536.

Illegal maritime usages, 537.

A ship a nation's floating territory, 638.

Exemption of private property and persons from capture, 625, 538, 541. Freedom of seas established, 641, 643. Visit and search, 544.

CHAPTER XI.

Of the responsibility of a nation, p. 646.

For acts of its courts, police, armies, navies, <fcc, 646, 563.

For private property taken or applied to public use, 563.

Destruction of, for public benefit, 664.

Reprisals and a nation's obligations to pay, 509, 510, 565.

CHAPTER XIL

Treaties, p. 666.

The nature, kinds and effects of treaties, 566, 593.

Our treaties, how made, 568.

Interpretation of treaties, Oregon treaty, <fcc, 569 — 573, 578.

Boundaries of United States may be settled by treaty, 571, 672.

By state compacts, assented to by Congress, Btate limits are settled, 572.

So as to Indian boundary, 572, 573.

When a treaty does not execute itself legislation is necessary, 569, 573.

When a treaty is complete they take effect from date, 678.

Illegal treaties, what, 675, 579, 588.

Disarming European treaty, 590.

Treaties generally not affected by changes of government, 682.

When Congress annuls a treaty it ceases to be part of our law, 577.

War destroys a transitory treaty, 580.

They may end in various ways, 576, 580, 581.

Our fishery treaties relate to permanent American rights, 579, 580.

Treaties must be executed and ratified duly to be valid, 683.

By treaty foreigners may become citizens of our republic, 569.

CHAPTER XIH

War and its usages, pp. 694, 640.

Defensive war only just, 594, 699, 614.

Private property and persons ought to be exempt from capture, 626, 538, 541, 598, 699, 608, 612, 615, 618.

Private property may, from necessity, be taken if paid for, 699, 608.

Military contributions and collecting duties, 598, 607, 614.

Wars, conquests, treatment of conquered, <fcc, 610.

Ships and cargoes, in case of war, ought not to be detained, 615.

A nation may make reprisals and retaliate on another nation, 509, 510, 665, 617.

Alien enemies allowed to reside may sue, 621.

Capture of enemies' goods, 622.

Our republic holds our ships our floating territory, and allows there no foreign control, 624.

Title by capture, 626.

Prize courts and captures, 626.

Re-eapture and postliminy, 628.

Condemnation, re-capture, salvage, &c, 628, 629.

Our law as to contraband trade, 632.

Blockade, what and effect, 633.

xviii CONTENTS.

Sailing with enemies license, aiding, &e., 634.

The citizens of the belligerents cannot trade or have intercourse, unless allowed by

the warring states, 684.

Passports safe conducts, 635.

Conquest and its effect, 635.

Property abandoned, at peace reverts, 635. No capture can be made in neutral territory or by its use, 636. Kansom bills, and their capture, 637. Spies, 638.

Prisoners, 639.

Conclusion of war, how, 639.

CHAPTER XIV.

Public law of interoceanic communications across the Isthmus of Panama and other narrow parts of American continent, pp. 642, 655.

It maintains that the freedom of the seas gives them to the world's commerce, private property being respected, 644, 648.

Panama canal, 648, 653.

American protectorate of these and of the French of Suez, 653, 655.

CHAPTER XT.

Congress of Paris of 1856, and its proceedings, pp. 656-661, 683,684. Freedom of the seas and international navigable waters established, 683, 684. Exemption of private persons and property from war, 525 — 538, 541, 599, 608, 609, 612, 615, 619, 660, 672.

CHAPTER XVI.

Duties of civilized to unci vilized people and those of inferior civilization, pp. 662 — 668. Duties of superior to inferior races, 665.

CHAPTER XVH.

Ameeioak Union.

Its area, progress and power explained, and the perpetuity of the Union defended, pp. 669—671.

CHAPTER XVm.

Congress for improvement of law of nations, true principles of municipal law and

internal administration of states and nations, pp. 672 — 674. The precepts of the gospel basis of international and municipal law, 672 — 674.

CHAPTER XIX.

Obedience to the law of nations, p. 675. Its effect historically explained, 675 — 676.

CHAPTER XX.

Improvement and enforcement of law of nations, pp. 677 — 681. Diplomacy ought to be frank, 681.

Laws of humanity, how enforced, 682.

Rights of self-defense, in war, what, 683. Congress of Paris, 661—683, 684—685.

CHAPTER XXL Admiralty and prize court judgments, p. 686.

CHAPTER XXII.

National expansion, and treatment of colonies of ceded and conquered people

pp. 687, 689.

American and European probable expansions, 611, 653, 654, 687 — 689.

CONTENTS. xjx

CHAPTER XXIII.

American or municipal law common to our states, the District of Columbia and the

territories, pp. 690 — 698.

No man to be deprived of life, liberty or property without due process of law ; no

bills of attainder or cruel punishments allowed, 691, 692. Franchises, prospective laws, self-accusation, immunity of one's house, habeas

corpus, freedom of speech and of the press, and right to bear arms, 692, 693,

694, 696.

State martial law ; construction of public grants, 694. Titles to realty, original, 694, 695, 696.

Freedom of religion, navigable waters, soils under them, fisheries, &c, 594, 695. Derelict property, treason, comity, judgments, equality of states, 696. Illegal contracts, 698.

Offices, personal, 698.

CHAPTER XXIV.

Reciprocal obligations of government and people, p. 699.

The American doctrine is here asserted, of the sovereign right of every people to just government, and the right to overturn despotic authority. Also the duty of a parent state to foster colonies, and when they are able to become nations, to allow them to become so peaceably. It presents the forcible emancipations of North and South America to enforce the doctrine. Predicts the speedy separation of Cuba also.

Appendix

Abstracts from the compact of the Holy Alliance of 1815, and our reciprocity treaty of 1854.

OBJECT OF THE INSTITUTES.

At the Revolution royalty was abjured and self-government substituted. The original American doctrines of freedom were sustained by our revolutionary patriots.

Animated by a desire to perpetuate the blessings of our Union, the writer presents in the Institutes a plain and concise system of international law, public and private, in order that our intelligent people generally, as well as jurists, legislators, officers of our mercantile marine, commanders in the army and navy and diplomatists, might easily and cheaply understand them. To this end all technicalities are excluded, and the principles of law are stated with simplicity and brevity, referring to authorities. This work is intended to be popular as well as scientific. It is emphatically American, and rests mainly on decisions of the Supreme Court of the Union, and of other national courts, on State, compacts, treaties and governmental acts. The adjudications of these courts settle all questions of international law, public and private, and the State courts are bound to conform to them. Our Chief Justices of the Supreme Court of the Union, Jay, Ellsworth, Marshall and Taney, and their able and learned colleagues, add a controlling weight to the constitutional supremacy of this high tribunal. State deciiv OBJECT OF THE INSTITUTES.