axiom that to enlist foreign soldiers without the consent of their Governments is a grave breach of the Right of States, is now, it may be reasonably hoped, firmly incorporated into the Code of International Law. XII. The writer of these pages is anxious to acknowledge *the service which he has derived from the works of his own [*xiv] countrymen and from those of the United States of North America in the compilation of this volume. To the works of Ward, of Manning, of Wheaton, and Story, (h) he is under great obligations. To various writers on the European continent, and especially to the learned Pfeiffer, his acknowledgments are also due. He also desires to draw attention to the Spanish works of Abreu and Pando, particularly of the latter, with the contents of which he became acquainted, for the first time, during the preparation of the present volume for the press. An excellent essay by Mr. Hurd, an American jurist, on "Topics of Jurisprudence connected with Conditions of Freedom and Bondage," a sketch by M. van Hogendorp, a Dutch jurist, of the Dutch School of Jurisprudence founded by Grotius, some pamphlets on Maritime International Law, by Professor Wurm of Hamburg, and a new edition of Wheaton's "Elements of International Law" by Mr. Lawrence, a new edition by M. Demangeat of the "Droit International Privé" by M. Felix, must be hailed as valuable recent accessions to the library of the International Jurist. (h) I have acknowledged, p. 518, note (k), the kindness of Dr. Pratt, which has enabled me to incorporate a great part of his useful edition of "Story on Prize" into the present volume. 1857-70 See Prince is Second Sextin Vol. I CONTENTS. INTERNATIONAL RIGHT OF ACTION. Pp. 1-9. War, the Litigation of States. Measures via amicabili. Negotiation. Arbi- Fall short of War. Negative and positive. What Causes justify Letters of Marque. At whose Instance granted. What are the Subjects of Reprisals. Practice of Nations. Louis XIV. Louis XIV. and Cromwell. 1752, King of Prussia. Silesian Loan. 1778, Louis XVI. 1840, England and Two Sicilies. Sulphur Monopoly. 1840, Spanish Bonds. 1850, England and Greece; Case of Pacifico. 1834, N. A. United States; Speech of President Jackson. N. A. United States and Mexico. Observations of Bynkershoek. What it is. Of two Kinds, Civil and Belligerent. Childs v. Sands. The Gertruyda. Droit d'Angarie. General Reprisals identical with War. Ad- monitions of Grotius. Bacon. Causæ belli justifica. Analogy furnished by Roman Law. Obligationes ex delicto. Case of M'Leod. Plea of Igno- rantia Facti-Juris. Invincible Necessity. Law must be promulgated. What Characteristics it ought to combine. Is an International Right of Action WAR-DECLARATION OF, UNNECESSARY. Pp. 75-102. On this Point the Authority of Jurists, the Practice of Nations, and the Rea- HOW WAR AFFECTS THE RELATIONS OF ALL STATES. Pp. 103-136. Effect of War upon Subjects. Recall of Subjects. Effect of War upon Enemies. WAR-INTERCOURSE BETWEEN ENEMIES DURING. Pp. 146-200. Belli Commercia. What they are. Case of Captain Asgill. Case of Major André. French Practice at the beginning and at the End of the War of the French Revolution. Ransom. Cartel. General and particular Conventions. Truce. Capitulation of Genoa, 1844. Case of the Ships taken at Genoa. Law of Capitulation respecting the Act of a Commander done upon his own Responsibility, and without specific Instructions from his Sovereign. Case of Thorshaven and its Dependencies. International Tribunals. Booty and Prize. Distribution of Booty. Booty not triable in the court of Law. Case of Le Caux v. Eden. Practice of East India Company respecting Booty. WAR-EFFECT of, upon NeutrALS. Pp. 201-237. A Neutral State neither Judge nor party. Enlistment of Troops in Neutral NEUTRAL RIGHTS AND DUTIES OF. Pp. 238-297. Affair of Doctrine of Free Ships Free Goods, Enemy's Ships Enemy's Goods. Berlin and Milan Decrees. As to Free Ships Free Goods. Treaties from 1642 to 1713. First Armed Neutrality of 1780. Second Armed Neutrality, 1800. Treaties from 1801 to 1854. Waiver of Belligerent Right by England in War COLONIAL AND COASTING TRADE. RULE OF 1756. Pp. 298-314. Opinions of Jurists as to. Leading Cases decided in English Prize Court. CONTRABAND. Pp. 315-381. 3. Articles ancipitis vel promiscui usûs. 5. Carrying of Military Persons. 7. Principal Treaties on the Subject. Commeatus. RIGHT OF CAPTURE-DUTY OF CAPTOR. Pp. 449 485. |