Chapter LVIII: Appendix: IX (1)

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;
jurisdiction over, 130-133.

_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;
attitude of, at the Congress of Troppau, 90;
relations of, to the Triple Alliance, 92;
convention of, as to the Suez Canal, 111;
jurisdiction of, over foreign-born subjects, 123.

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;
neutralization of, 52, 92, 211, 212, 278;
attitude of Great Powers as to, 92;
jurisdiction of, as to foreign-born subjects, 124;
marriage, 125.

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;
Pacific, 223-225;
visit and search in case of, 311;
history of, 314, 315;
conditions of existence of, 315, 316;
a war measure, 316;
declaration of, 316;
notification of, 316;
must be effective, 317, 318;
cessation of, 318, 319;
violation of, 319, 320;
continuous voyages in case of, 320-324.

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;
Panama, 112;
Nicaraguan, 112;
Kiel, 112;
neutralization of, 279, 280.

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;
jurisdiction of, over aliens, 131, 132;
termination of treaty of, with Japan, 215;
treaty of peace of, with Japan, 272.

Churches. _See_ Religion.

Citizenship, as affected by naturalization, 125-130.

Civil law. _See_ Roman Law.

Civil war, intervention in case of, 85;
when it begins, 230, 231.

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;
as contraband of war, 305;
auxiliary ships carrying, 310.

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;
termination of war by, 270, 271.

Consolato del Mare. _See_ Sea Laws.

Constitution of the United States as to ambassadors, etc., 31, 183, 184;
citizens of the United States, 123;
naturalization, 125;
criminal prosecutions, 179;
treaties, 207.

Consulates, development of, 18.

Consuls, jurisdiction of Supreme Court as to, 31;
exemptions of, 137;
courts of, 140, 141;
historically considered, 186;
rank of, 188;
nomination of, 189;
functions of, 190;
powers of, in Eastern and non-Christian states, 193, 194;
privileges and immunities of, 194-196;
vacating the office of, 196, 197.

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;
prize, 30, 324-328;
arbitration, 31;
domestic matters, 31.

Crete, Pacific blockade of, 223, 224.

Crew of merchant vessels, status of, 236.

Crimes, jurisdiction of consular courts as to, 139-141;
extradition for, 142-146.

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;
provisions of, 247, 255, 302, 303, 315, 317;
form of, 247, 398.

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;
laws as to, 152-197.

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;
of prisoners of war, 263, 265.

Exequatur, form of, 190;
what it relates to, 190, 191, 194, 195.

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;
Canadian, 114-116;
Bering Sea, 116.

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;
sick and wounded under, 264, 280;
provisions of, 395-399.

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;
proclamation of, as to belligerent vessels leaving United States
ports, 291, 292.

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;
policy of, 90-93.

Greece, in early international law, 13;
recognition of, 44;
intervention in affairs of, 84, 211;
attitude of Great Powers as to, 91, 92, 279;
recall of citizens by, 130;
pacific blockade of, 223;
volunteer navy of, 256.

Guaranty, treaties of, 211;
as to canals, 279, 280.

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;
to intervention, 84;
opposition of, to popular liberty, 91.

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;
consuls, 194-197.

Independence of states, 68, 74-87.

Indians, extinguishment of title of, 99.

Individuals under international law, 56.

Inequalities among states, court precedence, 89;
matters of ceremonial, 89;
weight of influence, 89-93.

Institute of international law, as to marine jurisdiction, 113;
pacific blockade, 223.

Instructions to diplomatic agents, 163, 202;
for United States armies, 331-365.

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;
relation of, to the Triple Alliance, 92;
partition of Africa by, 103;
convention of, as to the Suez Canal, 111.

Jackson, President, attitude of, as to the Falkland Islands, 46.

Japan, recognition of, 43, 44;
jurisdiction of, over aliens, 131, 132;
freedom of Emperor of, from suit, 136;
treaty of United States with, as to consular functions, 193;
termination of treaty of, with China, 215;
prize law of, 246, 313;
treaty of peace of, with China, 272;
attitude of, as to convoy, 314.

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;
in diplomacy, 170 _n._ 3.

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;
sale of Louisiana by, 101;
Berlin decrees of, 222, 315;
Milan decrees of, 315.

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;
forms of, 277-280.

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;
belligerent, 250, 252.

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;
of diplomatic agent, 163, 171;
given in time of war, 266.

Peace of Westphalia, relation of, to the balance of power, 75;
recognition of diplomacy by, 154, 155;
preceded by armistice, 272.

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;
jurisdiction of, as to foreign-born subjects, 123;
relations of, to Terceira affair, 288.

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;
exchange of, 265;
when must be restored, 268;
treaties as to, 273.

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;
disposition of, 258, 259;
salvage in case of, 260, 261;
taking of, into neutral waters, 293;
attitude of Japan as to, 313, 314;
law of, 324-328;
procedure as to, in court, 421-429.

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;
of Queen Victoria as to belligerency, 60;
of treaties, 209;
of the United States as to war with Spain, 222;
of blockade, 230, 231.

President, as to neutrality, 282;
of nations during war between Spain and the United States, 283, 288;
as to departure of belligerents on vessels from port, 291.

Projectiles, inflicting unnecessary suffering, 253;
from balloons, 253.

Promulgation of treaty, 209.

Property, in general, 148, 149;
of the state, 149;
of the enemy, status of, 239-244;
at sea, status of, 245-249.

Protectorates, states under, 52, 53;
jurisdiction in case of, 103;
spheres of influence, 103, 104.

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;
of belligerency, 59-63.

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;
as affecting jurisdiction, 105-108.

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;
vessels engaged in, 245, 246.

Sea laws, amalfitan tables, 17, 186;
_Consolato del Mare_, 17, 186, 300;
laws of Oleron, 17, 186;
laws of Wisby, 17, 186;
Hanseatic League, 18, 29, 187;
customs of Amsterdam, 18;
laws of Antwerp, 18;
Guidon de la Mar, 18;
Lex Rhodia, 17, 187.

Search. _See_ Visit and Search.

Self-preservation, intervention for, 80.

Servia, recognition of, 44.

Servitudes, in case of Canadian fisheries, 114;
different kinds of, 146, 147.

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;
war in, 230, 324.

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;
sale of territory by, to France, 101;
jurisdiction of, over foreign-born subjects, 123.

Switzerland, neutralization of, 23, 52, 278;
state existence of, before recognition, 41;
jurisdiction of, over foreign-born subjects, 123, 124.

Taxes, lien of state for, 98;
upon property of diplomatic agent, 182;
of enemy subjects, 242;
collection of, by an occupying state, 242, 260.

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;
war, 270-274.

Territorial waters. _See_ Three-mile Limit.

Territory, acquisition of, 98-102;
cession of, jurisdiction over, 101;
formed by alluvium, 102;
as determined by rivers and lakes, etc. 102;
annexation of, 126.

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;
relations of, to Great Powers, 92;
provision of, as to a portion of Bessarabia, 100;
closing ports, 118;
servitudes, 146;
Congo, 278.