Index
ABSENCE.S&e Country. ol the riQht of individuals to quit thoir country, 103. &c.
AGREEMCN1. See Irealy,
Conventions.
AltEN ENEMY. 323. Sec Enemy. Al IENAGE, 176. Soo Foreigner.
ALIl^NAflON.
of public property. 116, Seo PtOporly.
ALLEGIANCE,
obligations ol, 6, in note. of subject to a sovereign, 21,
ALLIANCE. Seelreaty. treaty ol, 19?, 323,324. subject of. considered. Ib.
ALIUVION. See Rivers. of the right lo, 121. distinction between, and avulsion, f't>-
ALLY.Seo Enemy, War.
AMBASSADOR, who.459.
are ordinary or extraordinary. Ib. rights, privileges, and immunities ol, 464.
Seo Minister.
may annul a treaty, 459 n. <192). duty of. when consul of Iriendly stale re)ecled, fb
children of and attendants, though born in foreign stale, considered as ratural-born subjects, ib. riahl of. to grant passports, ib. rioht of, to restoration of despatches when captured by an enemy, ib. protected and favoured by the law ol notions, ib.
AMBASSADOR (continued) privileges of, and servants Irom arrest,
459, n. (192). wt>en compelled to grve security for
costs, ib.
right of, in cMI cases. 468. Is exempt from civil jurisdiction where
tesldont, 486, 469, cause of this exemption, ib. may voluntarily subject himself to it, 469,
490.
may commence a civil suit. 490. but should not institute « criminal one,
ib. when a subject of state wt icre employed.
ib. when or not subjoct to its jurisdiction,
490.491.
property of, also exempt. 491, 49?. when otherwise, 492. not liable to claims arising from duties of
office. Ib. Imnwvable properly of, not exempt, 493,
andn.(?01). witen exempt from distress, 493, and n,
(201),495,andn,(?0?j. proceedings against property no! exempt, 493,494. house and domestics of, 494. to en]oy a perfect Immunity, 494. 495, how tar exempt Horn distress, 495, n,
(202), 493, n. (201). how far subject to poor-rates and taxes.
495. n. (202).
his right ot asylum, 495. 496. limitation thereof, ib. exemption of ambassadors' corriagos,
496.
ol their retinue, 497 n. (203). ol wife and family of, 497. of secretary ot ambassador, ib. of their couriers and despatches, 496 authority of over relinue. 498, and n.1 499.
AMPASSAOOR (continued)
duty of. with respect to, '190. 499,
when rights ol, expire, 500,
new credentials, when necessary, ib.
AMNES11'. See Peace. wtial, 439.
an oblivion of Ihe past, it). implied in every treaty of peace, ib. to rebels, 4?3, 426.
AN11CIPA110N, wtiat, 114.
rioht of, In the use of common property, ib. See Propcfty.
ARBHRAIION. wtiat, 20, 277
botwoon sovereign Br>d subjects, 20. between nations. 277. general oblioations of erblt'ator's decision, ib.
wnon not bindina, 277,276, congress, wtial, /b.
AftlSIOCRAIIC RE-PUBLIC. Seo
Govortiment. what. 2.
empire inlrusled by nalion to a certain numtwrofcltizens./b
ARMY See War.
right of levying Iroops, ?94. enlistment of troops, 294, 298. soldiers' pay end quarters. ?9G. standing ermlos, ?&G, 314, mercenary soldiers, 297. obligation of soldiers, 2&9. punishment of desoflers, ib. mililary laws, ib. military discipline. Ib. Officeis Of, 299. 300. 301.
ARREST, ambassador privileged from 459, and
n. Seo Ambassador. consul no! exempt from, 147, and n.
(101), 459. and n. (192). on foreign contract here, titough arrest
not permitted where contract made,
173, and n. (111).
ASSASSINATION, what, 359. of prisoners, 358. 360, 361. Seo Prisoners,
ASSEVERATION. use of, in treaties. 233. See Trealy.
ASSOCIATE.
of Iho onomy, 3?6 Son Cnemy,
AUXILIARIES. wtial. 324, See Enemy.
AVULSION,
what, 121. Seo Rivers, Streams, and Lakes. distinction between end alluvion. 121.
BANISHMENT. See Exile. distinction between, and exile, 107. banishment, what, ib. for what time. to.
when parly said to be banished, ib. inflicled as a punishment, ib. Is a mark ol infamy, ib. how far right of. extends, ib. right of banished party to live some-wf»ere, 108.
though riglil only an Imperfect one, Ib. nations may refuse him admittance, ib. but not without good reasons, ib. duty of nations towards him, ib. cannot punish him tor offences committed out of thoir territories, 109. except for safety of mankind, ib.
BAY, 129. 130. Seo Sea.
BILLOFE:XCHANGC, construction of, in Ihis country, 173,
n.(111). effect of English Statute of Limilalions,
ib.
BLOCKADE, what, 339, and n, (159). of Ihe violation of, ib. distinction between mililary and commercial blockade, Ib. three tilings necessary to constitute e violation of, ib. 1.1 ho existence of an actual blockade, ib.
2. Ihe knowledge of the parly supposed to have violated it, ib.
3. Some act of violation, ib.
B001Y. what, 365.
distinction between, and conquest, ib. See Enemy.
CAPITULAIION.SoeWar. what, 412, 413. how concluded, ib. necessity for observing terms of, 414.
CAPnULAIION, (conlinuod) instances. 415. duty ol soverelans to see them fulfilled, 414.
CAPTURE:. SoeWar.
CASUS FOP; DE RIS, what. 3?6,
only lakes ptaco where war unJust, 3?G. 330,
how it exists in a defensive war. 3?6. In a treaty of guaranty.
CELIBACY. Sec Popery, of priests considered. 69. 70. its effects, ib.
CHlLOnEN. of citizens born in a foreign country,
102,n.(59).SeeCili?en, born at sea. 102. See Sea. born In armies of stale, 103, In the house ol minister al foreign court.
459. end n. 09?). Seo Country. of vagrants. 103. Sec Vagrant
CHRIS11ANITY. See Religion. law of nations construed by, n. (1).
CHURCH. Seo Ecclesiastics, Retiglon-tlie sovereign's authority over. 62. necessity of acknowledging him to bo
head of, 66.
of taxing church possessions, 72.73. should be the lirsi appropriated to the
use of ttie slate, 73. why should be so. /b, misappropriation of revenues of, ib.
CHIZEN. Soe Country. Nation. who ere citizens, 101. are members of the civil society, ib. children ol. born abroad, ore clti;ens,
102, and n, (59).
light ol, to quit their country, 103-105. duty of, in advancing glory of their
country, 9?. right of, to protection, 5,6, n. (15). 95,
Seo Nation. right of, when the nations submits to a
foreign power. 94. interest ol a nation in the conduct ol tier
citipens, 161. duty ol sovereign to revenge injuries ol,
161,162.
his duty to protect, 162, to prevent them offending citizens of
other nations, f'b.
CHIZFN. (continued) acts of individuals not to be Imputed to
the nation, Ib otherwise, il ratified, ib. conduct of InJured party, /b. may punish aggressor, /b. duty of aggressor's sovereign herein.
163.
should enforce reparation, ib. when should deliver up offender, ib. sovereign refusing justice becomes a
parly to ttie wrong. Ib. nation may be guilty of her citizens'
crimes. wl»on, 1C4, and n. (10G). duty of citizens in supporting olory of
their nation, 91.
CIVIL WAR. what, 42?, 424.
distinction between, and rebellion. 424. sovereign's right against rebels, 4??, public commotion, insurrection, and
sedition, ib.
meaning thereof, f'b,
sovereign, how to suppress them. f'b. of amnesty to offenders, 423, 426. sovereign's obligation to perform his
premises to rebels, 423. effects of civil war, 425, 426, produces two independent parlies, 425, each bound to observe the laws ol war,
/b. consequences of not observino them,
425,10427.
exception from amnesty in case ol subjection, 426, interference ol foreign nations. 427. may interfere to restore peace, ib. wtien may assist either parly, ib.
CLERGY. See Ecclesiastics, Religion,
CODE.
no general Inlernalionel code, ov. in note,
ancient codes on parts of the law ol nations, ib. as lo the maritime law, /b. but these imperfect, f'b.
COLONIES. Seo Country. establishment of. 101. relation of, to mother country, ib. commerce with, 42, end note.
COMMERCE, wtiat.37,43.
home and foreign trade, 37, ulilily of the home Iradti, ib.
COMMERCE, (continued) of tho foreign tfede. ib.
obligation to cultivate. 37.143, 144.
foundation of the laws of. 37.143.
right ol buying and selling, 38,144.
distinction between these rights, 38.
rig/if ol buying imperfect. 39.145.
moral obligation herein, 38 and n. 3G.
prohibition ol foreign merchandise, 39.
each slate may prohibit entrance of, 39. and n. (37), 144.
or choose how far it will engage in commerce^.144. Offiwdom oftfado, 144, end n. (97).
commerce with colonies of parent stale, 40.
right to foreign trado, how acquired, 41, 145.
necessity of commercial treaties, 40, 145. Soo Commercial treaties.
laws relating to commorce not subject to prescription. 40.
so ol rights founded on treaty. 41.
exceptions thereto. 43. 01 monopolies, ib.
generally unlawful, ib.
right of sovereign to orant, when, ib.
suppression ol, when, 116.
ol commercial companies how far beneficial, 14?.
of foreign monopolies, 4?, and nole. Of1/10 balance of trade, 43.
government should encourage advantageous trade, Ib.
should lay restraints witore disadvantageous, 43. and n. (4?).
what an advantageous trade, 43.
wlial a ruinous trade. Ib.
ol Import duties, ib.
COMMERCIAL TREAIIES. See Commorce -necessity ol. 40.
rule respecting commercial treaties, 145 duty of nations In making them, 147. duration of. 145. revocation of, 146. distinctions as to, ib. of granting right to third parly contrary
to treaty. 14G. of RbridginQ commotce in favour of
another nation, ib. or of appropriating a particular branch of
trade,147.
COMPROMISE, Seo Nation. what, ?76,
CONDEMNA110N. See Prize Court. sentence of. 166 requisites of, ib. necessity ol.locompletotillelocapture, 166, 385. and notes.
CONGRESS. wtial, 278.
CONQUES1, what. 365. distinction between, and booty, ib.
CONSCIENCE. law of. the law of nations, Iviii. to Ix. See Lawol Nations. liberty of, in religion, &6.61. See Religion
CONSinmiON, See Stale, what, 8,
right of nation to change, 10. legislature cannot, ib.
CONSULS. who,147.
appointment of, /b. right to appoint sliould be stipulated for
ib. must not be subjects ol slate where they
reside, 148,
are accountable to their sovereign, ib. when entitled to tho protection of the law
of nations, ib. exemption from criminal justice when.
/b.
CONTRABAND GOODS. what, 337. sel/ure and confiscation of, 337, 338.
CON1RAC1,
construction of foreign contracts, 173. n enforcement of, ib. arrest here on contract, though not per-mitled in country where made, ib. Invalidity of. wlien In favour o( alien enemy, 414.
CONIfllElUIIONS, See Enemy. what, 366. oltho riot it to lovy./b.
CONVENT ION, Seo treaty. wtiat.218.
of those made by sovereigns, ib. by subordinate powers, ib. who are subordinate powers, ib. wl ien made in the name of the sovereign ib.
CONVEN110N, (continued) or by virtue of their office. ib. power to make. how acquired, to. by public persons without sufficient
powers, £19. when or not valid. Ib. of tacit or express ratification thereof, ib of an agreement called sponsio, Ib. foundation of. 219.2?0. slate nol bound by, 2?0. to what promiser Is bound, when it ts disavowed, ??0 lo ??3 to what tho sovereign Is bound. ??3 lo ??G,
private contracts of sovereiQn, ??6, subject to sanie rules as those of private persons, ib.
contracts made by sovereign with privale persons in name of state, ib ere binding on a nation and his successors. ??7. debts of the sovereiQn and slate, it). donations of tho sovereign. 2?8. restriction end revocation of, ib. of conventions during war. 404. Seo War.
of conventions relating to ransom of prisoners, 419. See Ransoni-
CONVEN1ION LAW. Sec Treaty, what, Ixiv.
binds onry the contracting parties, Ixv andn.
CONVENIS.SeoPope/y. COnPOFWIION.
property of, 113, Seo Properly,
right of, to alienate same, 113,114,
sovereign's power over, 113.
members ot, 114.
right of, to make regulations, ib.
obligation of, lo preserve corporate property. 115.
expenses ot. and how borne, ib.
COUN1RY,
wtial, 53,101,103.
how understood in the lawol nations, 54
love of country. 5?, 103, In Individuals, &3, in the nation end sovereign, ib.
Injury to, 54.
possession of by a nation. 98. exclusive right thereto, ib. comprehends Iwo things, /&-right of domain and empire, 96, 99, acquisition of sovereignly in a vacant country. 99,
COUN1RY. (continued) empire over. acquired with domain, ib.
another mode of acquiring It, /b. how a notion may appropriate to itself a
desert country, ib. must bo by possession, /b. of possession wt icre occupied by a lew
wandering tribes, 99,100,101. ot colonies. 101.
become a part of the mother country.
ib.
Oftlw several things folaling to country, ib. citizens, wtio are, f'b. natives, wtio are, ib.
children born of citizens, their rights, ib. of foreigners. tb. inhabitants, who are. 102, distinguished from citizens, ib. ol foreigners permitted to nettle there, ib. their duly to defend the slate, ib. enjoy only the advantages given by the
law, &c.,/b-
pcrpotuat inhabitants, who, ib. their rights, /b. rights of. pass to their posterity, ib. Naturalization, what. 102, and n, 58. by whom granted, 10?. ol imperfect naturalization, /b. ot naturalization by birth, ib. In England end Poland, /b. Children of citizens born in e foreign country, Ib. Children born at sea, /b-when in parts belonging to the nation, ib, on the open sea, ib. vessels of a nation a part of its territory,
/b.
children born therein, born within its territory, ib. otherwise, if born in foreign vesel, &c.,
Ib. unless in a port belonging to llieir own
nation, ib.
Children born in the armies of the stale. 103 are born In tho country, f'b. so II born In tlie house of Its minister at a
foreign court. 103, Settlement, ib.
what, /b.
is a fixed residence in any place with intent of always staying there. ;b.
how established, ib.
may transfer his settlement, f'b.
how distinguished from habitation, /b.
of natural or original sfrttlennenl. ib.
ol acquired settlement, ib. Vagrants, ib.
wtio are, f'b.
are people wl 10 have no settlement, ib.
y'fWE'"".fi .•."-••.,-, ,•
COUN1RY, (Vagrants continued) children of, have no country, ib.
wtien country ol, that o( parent, ib. When a parly may quit his country, 103,
104.
In general has a right to do so, 104.
as on arriving at years of discretion. It).
must nol endanoor its welfare, ib.
distinction botweon internal end external obligation, ib.
should not quit, exxcepi from necessity, fb.
of abandoning country at a lime of danger, fb
right ol counliy to punish, Ib. and n. 01 temporary absence from, 105,
right thereto in time of peace, ib.
return w1 ien public interest requires it, ib
variation in political laws herein, ib.
these laws must be observed, ib.
when passports requisite. Ib. Cases where a citizen has a right to quit his country, Ib.
wtien he cannot procure subsistence there, ib
Whore body ol society fail to discharge their obligations towards him, I'D.
or attempt to enact laws he is nol bound to submit to. 10C,
Instances herein, ib.
wliereonlyonereliolonallowed. 100,57.
where popular slate wish to have a sovereign, 106,11.
or to submit to a foreign power. 106.94. Emigrants, 10G
who are, /b.
sources ol right to emigrate, fb.
Is a natural right, ib.
or arising from a fundamental law of the state, fb.
or from a voluntary grant to the sovereign, ib.
by treaty from foreign power, 106.
on account of religion, ib.
or where one stale refuses lo receive those ol another, 106,107.
right lo emigrate, how infringed, 107. Supplicants, ib.
who are, ib. Exile and Banlshnwnt from. ib.
who an exile, ib.
one driven from place of settlement, but without a mark of Infamy, /t».
banishment, what, ib.
a like expulsion with mark ol Infamy, 107, and note.
time of, 107.
distinction botweon exile and banishment, ib.
COUNIRY. (Ex/to and Banishment, cont) exile somellme'i B punishment. Ib. banishment afways one. ib. exile Is either voluntary or involuntary,
107,108. voluntary when to escape punishment,
107. Involuntary when the effect o! a superior
order, 108. limit of. as to place. Ib. exiled and banished man has a right to
live somewhere, ib. nature of this right, ib. is of an Imported kind, ib. right of nations lo refuse him admittance. Ib.
duty of nations towards him, ib. cannot deprive him of necessaries, ib. or punish tor faults committed out ot
thoir territories, 109. unless they aflect tho safety of mankind,
ib. of the delivery up ot offenders, 109. arid
note.
COURT OF HONOUR. establishment of, proposed, 65,86,
COUR1S OF JUS'1 ICE. Seo Justice. establishment of. 76, 79.
CREDEN11ALS, Soo Minister. what, 461. wtien new credentials necessary, 500.
CULTIVA110N. utility of tillage. 34. advantages of, as a source ot wealth.
ib.
regulations necessary In respect of, ib. distribution of land, ib. protection of husbandsmen. 35. should bo placed in an honourable light,
ib. cultivation ot the soil a natural obligation,
ib.
of public granaiies, 3£>, propriety of establishment of, ib. management of, ib.
CURRE:N1 OF RIVERS,
works lending to obstruct, unlawful. 122. of preventing alteration In. 122, note. right to soil on change of, 121,12?,
CUS10MARYLAW. what. Pref, Iw. how Tar binding, Ib. foundation and extent of, /b.
CUS1 OMARY LAW, (continued) consent to, when presumed, hcvl.
DEGRADATION, suggestions as to. to prevent duelling, 86.
DEMOCRACY, See Government, what, 2. empire kept by body of nation in its own
hands, ib. also called e popular government, ib.
DESERTERS, punishment of, 299.
DOMAIN. See Country. Properly. oi the right of. 163. Seo Obligations and Rights-
DONA110N,
of the soveieign, wtial, £?Q. distinction between end debts of. ib. should be with a view to public welfare,
ib.
revocation of, ib. Immunities end privileges in nolure of.
fb. revocation of. ib.
QUEUING. condemned, 84, means of pulling e stop lo this disorder.
84 lo 86.
suggestions respecting, 84, 85-ot establishing a Court of i lonour. 65.86
ECCLES1AS11CS- See Religion. Popory. ol the sovereign's authority over, 63, &4 nature of this authority, 64. lule lo bo observed with respect lo, it>. should be subject to the public power, fb tho sovereign's duty towards them. ;b Iheir duty lo tho stale, fb reasons establishing sovereign's right
over, 64, 65.
authorities and examples, 65. pernicious consequences ol a contrary
opinion, /b. abuses therefrom particularized, 65,66.
ELEC11VE STATE, what, ?3. the right of choosing successor on death
of sovereign, ib. elective kings, real sovereigns, 24,
EMBASSY, riglil ol. what, 45?, of sending and receiving public ministers, /b. of the necessity thereof, /b, done by tlie agency o( public ministers,
/b.
explanation of term minister, 453, of the right of sovereigns to send end
receive public ministers. Ib. right not taken away by unequal alliance,
/b.
or by a treaty of protection, /b. right of princes end stales herein, ib. cities lhal have the right of banner, 454, of ministers ol viceroys, 455. right of regents during an interregnum,
Ib. molestation fn exercise of riQhl, an injury
ib, what allowable in this respoct in time of
war. 455, 450. minister of friendly power lo bo received.
456-
ol resident ministers, ib. how ministers ol an enemy to be admitted, 457. from a usurper, when, 457. 456, instances herein, /b.
EMIGRANT. Soo Country.
who ere emigrants, 100.
right to emigrate, 106,33-
sources of Iheir rights, 10C-irom law of nature, ib. or fundamental law of the slate, f'b-from voluntary grant ol sovereign, ib. or from treaty with foreign power, fb.
Infringement of llieir right, 107. remedy (of that infringement, ib.
ENEMY, Who fs an enemy, 3?1. and note. distinction between public and private
enemy, 321. all subjects of two states at war are
enemies, /b
and continue so in all places, ib. except In a neutral state, ib. women end children ere enemies, 321.
351.
how to be treated, 321, 362. in case of sovereigns, 363 Of things belonging lo tfw enemy, 322. belong to lire nation at laroe, fb. continue such everywhere, /b-wlien otherwise, /b. neutral tilings found with enemy not lo.
ib..
ENEMY, (condnuod) lands possessed by foreigners in
enemy's country, ib. things duo to the enemy b/a third parly,
32?,323.
Of the enom/s ellios, 323. treaties of alliance In war, 323, 324. defensive and offensive treaties, 324-severai kinds of, 323, 324. difference between warlike associations
and auxiliary treaties, 324. auxiliary troops, what. ib. subsidies, wlial. ib. tteaties respecting, ib. wtien a nation allowed to assist anolhor,
ib.
ooneral principle heroin, ib. when to make alliances for war, 324-5. of alliances made wilh nation actually
engaged in war,325. 333. alliances In time of peace, 325. 333, tacil clause in every alliance, 325. refusing succours when no breach of
alliance, 326. casus focderis. what, ib. never takes place In an unjust war, 32G,
330.
how IE exists in a defensive one. 32G, or in a Irealy of guarantee, ib. of granting or refusing succours. 32C,
327. of two parlies in alliance coming to a
rupture, 327.
duty o( third parly herein, ib. of the enen-i/s associates, 326. who deemed such. 326 to 331. those who make common cause with
him, are, 328. or assist him, without being obliged to it
by treaties, ib. Of ere in an offensive alliance with him.
329, how a defensive alliance associates witli
the enemy, ib. in what case it does not produce the
same effect, 329, 330, whether necessary to declare war
against enemy's associates, 331, Of the right over Ihings belonging lo tho
enemy. 304. SOD War Of levying contributions on enem/s country. 366. See War. Of faith bchvoen enemies, 327. Soo War.
ENLISIMENI. Of troops, 294.
in foreign countries, 298.
ENVOY, who,460. rank ol. /b-are ordinary or extraordinary, ib. the latter held in greater consideration, ib.
Eounv, coum OF, bill in, lo enforce treaty, not sustainable, v. in note,
ESCHEAIAGE. what. 176, and note-doctrine of, ib.
EXCHANGE, Sec Money end Exchange, of money, what. 47. a custom of merchants for remitting
money, /b.
should bo supported by good: laws, ib. duly of nations herein, ib.
EXCOMMUNICATION. See Popery. abuse of tho F'ope's power herein, 73. of men In office, foot sovereigns. Ib. instances of abuse, 74-abuses not confined lo Popes, ib. instances hereof, 74, 75. in nole,
EXEMPTION, from canying arms, 295.
EXILE, Sec Eianishmen[, who @n exile, 107. distinction between and banishment,
ib.
one driven from place ol settlement, ib. but without mark of infamy, ib. time of exile unlimited, /b. when a punishment, ib. Is voluntary 01 involuntary, ib. 108. invotunlafy, where effecl of superior's
order, <b.
when limited to place, ib. right of. lo live somewhere, ib. though right onty an imperfect ono. ib. nations may refuse him admittance, ib. but not without good reasons, ib. cannot punish lor offences corrirnitlod
out of their territories, 109. except for safety of mankind, ib. of delivery up of offenders, 109, and
nole, E.X1EHNALLAW, whal. Ixii.
distinction between, and internal. Ixii, exfeniel law relates to men, /b. Internal to the conscience, ib.
FALSEHOOD, wliat, 372, 373. distinction between, and a lio, 37?. when bound to speak the truth to an an enemy, 373, See Enemy.
FEDERAL REPUBLIC. wtial.3.
a union of independent stales by a perpetual confederacy. 3.
FEUDA10RYS1ATES, what, 3.
one doing homage to B foreign power, 3, though still e sovereign slate, ib.
FOREIGNERS, described, 171. rules with respoci to, 171. conducl slate should observe towards.
ib.
right of. to enter terriloty. 172. subject to the laws, ••72,173. and punishable according lliereto, 172. disputes ol, how judged, 172, end note. prelection due to, 173. their duties towards the state, It}. to what burthens subject, 174, continue members of their own
country, ib.
slate has no right over persons of, ib. nor over personal properly ol, Ib. who are the heirs of a foreigner. 175. right of, to make a will, ib. will, how affected by law of counlry, ib. of escheatage, or doctrine of alienage,
176. and note.
of the right, of/rate foraino, 177. of Immovable properly possessed by,
177. and notes.
cannot Inherit real property. 177, note-exceptions thereto by treaty, 177, note. mamaoosof. 177. validity, and proof of, 177, note.
FOREIGN JUDGMENT. effect of, and proof thereof. 16G note. English proof on this subject, 1GC. fn notes,
FOREIGN LAW, how proved. 173 and note, 177, note.
GLORY,
of a nation, what, &1. advantages of, Ib. duly ol nation to establish. Ib. how acquired, /b. duty of (he prince herein, ib.
GLORY, (continued) of the citizens, 92, example of the Swiss, ib. attacking the glory of a nslion, 93.
GOVERMMLNf. OftfiQ sowral hinds of. 2,
1. Popular or Denwcrelic. ib. wlial. ib.
en iptre kept by bodyolnation in its own hands, ib.
2. Aristocratic, ib. what ib.
where intrusted to a number of citizens, ib.
3. Monarchical, ib. what, ib.
where power in a single person, ib. Pn'ncipal ob/GCts of. 33.
1. 7o provide for necessities of nation, ib duty of sovereign herein, ib. should procure plenty, ib. and lake care there bo sufficient workmen, 33. should prevent emigration of those
useful, ib. and punish emissaries enlicing them
away, 34-should encourage labour and induslry.
ib.
2. To procure happiness of nation, 47.
nation should labour afler its own happiness./b.
should instruct people, 47, 46.
educate youth, 48.
examples of ancient slates herein, ib.
should foster and encourage Ihe arts and sciences, ib.
allow freedom of philosophical discussion, 49.
Inspire a love of virtue, 51.
a hatred of vice, /b.
hereby Intention of rulers discovered, /b.
state, &c. should perfect Its understanding and will. 52,
and direct knowledge of citizens to its welfare, ib,
should inspire them with the love of counlry, 52, 53,
so In each Indrvlduel. 53.
Ihe like between the nation and its sovereign, /'b.
definition of term counlry, 53. 54,101. 103,
man's duly towards it, 54.
criminal to Injure one's counlry, ib.
the glory of good citizens, ib.
examples, ib.
GOVERNMENT, (cw)tinuod) 3. 1 oforf i fyilsof against oaloftia! attacks,
87.
of national strength, it). how constituted, f'b. by number of citizens, ib. their military virtues, ib. and their riches, ib. increase ol population, and how
effected, ib.
of national valour, 66> 89. other military virtues, 89. In wtiat consists the wealth of a nation,
ib., 90.
not in revenues of sovereign. 89. but in that o( individuals, 89, 90, strength of slate increased thereby, 90 when may be employed In delonce ol
the slate, ib.
state should have Income proportionate to its expenditure, ib. ol the public revenue and taxes, ib. should not increase its power by Illegal
means, ib.
power of nation relative. 90. should bo measured by that of Its
neighbours, ib. or those from whom It has any thing
to lear, ib. Is sufficiently powerful when it can
resist allacks, ib. of the prudence requisite herein, fb,
GFIAMARIES, propriety ol establishing ol 30.
GUAriANIY.Seo treaties, for observance ol treaties, 235. whal./b. gives tlio guarantee no right to inlorlore,
fb.
nature of the obligation it Imposes. ?36. cannot impair tho riglils of a third party,
ib. duration of Ihe guaranty, ib.
HARBOURS,
of seashore, to whom belonging, 129, 130.
HERronARY S1A1E. Soc Successive Stole. what. 24. origin of, ib.
wlien may bo changed, f'b. of renunciations, ?5, how far binding, f'b. of regents, ?7. who to decide disputes respecting
I HREOnARY S1AU. fcwtf'/K/pi/)
succession, ili. foreign powers ought not, 29,
UOSF'nALS, Soo War. erection of. for invalids. 296.
HOS1AGE:S.Soo1reaty. who are such ?38, 239-given for observance of treaties, ib. of the right over thorn. 239, their liberty alone pledged, Ib. when they are to be sent back. ib. whether they may bo detained on any
other account, ib. may be detained for thoir own actions,
240.
of their support, ib. to be provided by parly giving, ib. subject cannot refuse to be, 241. but a vassal may, Ib.
who may give and receive hostages, ib. rank of hostages, ib. ought not to escape, ib. on escape, should be sent back, 242, death of. whether to bo replaced, Ib. of him who lakes the place of, ib. ol a hostage succeeding to the crown,
ib. to be released on delivery of another
sufficient hostage, ib. liability of, ends with treaty, ib. violation of treaty en injury to the
hostages, 2-13.
abandonment of, by sovereign, f'b-compcnsation due to them thereon./b. fale of, when he who has given them fails
in his engagement, ib. may transfer his allegiance, ib. life of, cannot bo taken, /b.
IMMUNII US. See Popery. abuse of popish clergy In respect of, 71 attempt of, lo escape from political
authority, f'b. of thoir church possessions, 72, 73,
IMPFRFEC") NAniRAUPAIION, what, 102.
INHABITANT Seo Country. who doomed such, 102, the foreigners settled in a country, ib. their rights and duties, ib. are liable to the laws, ib. are bound to defend the slate, f'b. of perpetual inhabitants, ib. win QIQ such, f'b. children ol, their fights, fb.
INHERIIANCP. Sw Properly. riglil of parlic-s to bequeath properly,
11G,
limitation of right, ib. lawol, in England, 116, note.
INS1 RUCTIONS. Seo Minlsler, Public. to public ministers, what, 461,
INTERNAL LAW OF NA110NS.
what, tviii. why so called, ib.
IMILRNALPOHCr, what, 63,
essential to preserve order, ib. regulations to enforce, Ib. I iolland instanced. ib.
INIERNAIIONAl-COURI. difficult to establish, tviii. observalions hereon, ib.
JURISDICItON, of a nation, 166. nature and extent of. ib. nalions should respect right of, ib. effect of. tn foreign countries, ib. and n., (107).
JUSPOS1L1MINIUM.
right of defined, 392.
foundation of right. ib.
duly ot sovereign herein, ;t>.
how right takes eflecl. 393.
whether among allies, ib.
of no validity in neulrat nalions. 393.
what things rocovorablo by this riohl, 394.
right wlien presumed lobe relinquished, ib.
of persons wt 10 cannot return to right of, /t),
bul enjoy it when retaken, ib.
whether right extends to propoity alienated by enomy, 395.
distinction between moveable and immovable property, ib.
whether a subdued nation can enjoy this right, 39G.
distinction herein, ib.
right for what is restored at the peace, 397.
lor things cedod to the enemy, ib.
does not exist on conclusion of peace, ib.
why always In force for prisoners, ib.
how rights of prisoners subsist. 390
will of prisowr ol WM, ib.
JUS POS1LIM1NIUM, (continued) marriage not dissolved by captivity ot
one of the panics. ft>, regulations respecting right of. established by treaty or custom, ib.
JUSIICfrANDPOinY, necessity lor observance of. 77,160. a nation ought to make justice reign. 77 methods ol doing so, ib. by establishing good laws, ib. by enforcing execution ol thorn, 77, 78, duty of prince In tins respoct. 78-how ho is to dispense juslice. ib. should appoint enlightened end upright judges, ;t>. ordinary courts should determine revenue causes, 79. should establish supreme courts, ib. ot the right of appeal, ib. prince should preserve forms ot justice.
80.
should support authority of judges, ib. ot cfisMhutirfe justice, ib. meaning ol term, /t».
should regulate distribution of employments and rewards, Ib. of the punishment ol transgressors. 81 -foundation of right to punish, ;(i. who to punish, ib. ot the criminal laws. /b. nocesslly ol. to prevent crime, fb. ol tlio degree of punishment, ft?. should bo limited lo safely of stale, ib. should bo proportioned to guill of parly,
ib.
should not bo sanguinary, ib. consequences thoreol, lib. execution of the laws, 6?. 83. to whom belongs, 6?. duty in this respoct, 62, 83. should not aggravate the sentence. 83. ot pafdonlrig./b.
an attribute of the sovereign, ib. how to bo exercised, ib. of the internal police, ib. in what It consists, ib. regulations to enlorce, ib. Holland instanced, ib. of duelling w single combat, 84, custom of, condemned, ib. means of pulling a slop to this disorder,
84-87. ol tho observance of Juslice between
nalions, 160. necessity lor observance ol, ib. obligations ol nations lo cultivate it, ib. riglil of refusing lo submit to Injustice, Id,
JUS11CE AND POLHY, (continued) right a perfect one, end produces, ib. the right of defence, Ib. the right of doing ourselves justice, ib. right to punish injustice, ib. righl of nations agalnsi one that openfy despises justice, ib.
KING. SQO Sovereign, Sovereign State.
LAKE, Sec Rivers, Streams, and Lakes. propriolois of, who, 123. of (lie Increase of lakes, ib. of the land formed on banks of. 1?5. to whom belonging, ib. where bod of. dried up, ib. Jurisdiction over lakes and rivers, ib.
LAW OF NA1 IONS. defined, Iv.
ideas and general principles ol the law of nations, Iv. Mil. what meant by e nation or slate, Iv. It is a moral person, /b. definition of the law of nations, ib. general viow of, and how ascertained,
Ib. n. (1). present sources ol information thereon.
TV.
violalion ol. when a ground of war, /b. no permanent or general court of. ib. teaches rights and obligations of nations, Iv. in note. knowledge of, essential, ib. how knowledge of, ascertained, /b. Christianllythe unfailing rule in construction of. /b. In Great Britain held to be part of law of
the land. /b. sources of information respecting,
enumerated, ib. In what light nations considered. M. In what laws it originally consisted, ivi. originally tho law ol nature, ib. though limited. &c,, by circumstances.
fb.
definition ol the necessary law of. tviii. application of, to nations, /b. intonial law of nations, what, ib. natural law of, what, ib. It Is immutable, /b.
nations cannot make change in, f'b, nor dispense wilh obligations arising
from (t, f'b.
treaty, &c., contravening, unlawful, lix, when otherwise, ib. Society established by nature between all
mankind, ib. as between men, ib.
LAW OF NAIIONS, (continued) as between nations. Ix, obioct of this society of nations, Ixi, general obligations herein. Ib. 1, to benefit other nations without
prejudice to Itself, Ixil. P. the peaceable enjoyment of
tiborly and independence, /b. eKect of that fiber!/, Ixii., 3G7. nation may judge for itself, ib, of making war for Injuries to, Ixfv. extent olthal right, ib. Distinctions between internal and external perfect find imperfect obligations and rights. Ixii. internal obligation binds the conscience,
ib.
external relates to men, /b. internet obligation is ol the same nature,
ib.
though varying in degree, ib. external is divided into ported and imperfect. ib. perfect, what. ib. imported, what, f'b, Equality of nations. Ixiii. all naturally equal, ib. and inherit the same obligations and rights, fb.
without regard to power or weakness. ib.
effed of that equality, f'b. each nation mistress of her own actions, ib. when rights of others not affected thereby, ib. Voluntary law of nations, ib. end note. what meant thereby, ib. riohl of nations against infractors of, Ixiv. right of declaring war, /b. measure of that riohl, ib. Convontionallaw of nations, Ixv. and n.
(Ixlv). what, and who bound by, Ixv. Customary law of, Ib. founded on a tacit consent, /b. how distinguished, ib. general rules respecting, Ixv. how far obligatory. Ixvi. when may bo relinquished, /b. Positive law of, /b. is of three kinds, /b. voluntary, ib. cuslomary, /b, conventional, ib. from whence proceeding, f'b. deduced from the will of nations, f'b. distinguished from natural or noces-
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LAW OF NA110NS, (continued) sary law o( nallons. Ib. General maw'm respecting use of necessary and voluntary law of nations, ib.
LEGISLAIIVE POWER. what. 11. to whom intrusted, b.
may be to the sovereign, ib.
or to an assen-iNy, Ib.
or to bolh jointly, ib.
right of, to change the constitution, ib. only extends to civil and political laws.
Ib. and not to fundamental laws. ib.
LEI ICO OF MARQUE, See Reprisal, wtial, ?85.
LIE. distinction between, and mere falsehood.
372,373. wtien bound to speak tlie truth to an
enemy. 373. See Enemy.
MANIFES10E8, what, 319.
MARII IME LAW,
ancilent codes relalino to, rv. in note. Is Imperfect, ib.
MARRIAGE,
of aliens, 177, and note. validity and construction of, In England,
166. note. 177. note. how proved, 177. note-not dissolved by captivity of one of the
parlies, 398..
MEDIA"! ION, what, ?76.
In lime of peace, ib. in time of war, 437,
MERCENARY SOLDIERS. who.?97.
MILHARY DISCIPLINE, importance of, considered. ?99.
MILnARYLAWS, necessity ol. considered, ?99.
MINIS1ERS, PUBLIC, who a'e, 453.
of the several orders of, 459. their origin, ib. their representative character, ib.
MINIS1ERS, PUBLIC (continued) 01 ambassadors. 459, Seo Ambassador are ordinary or extraordinary, ib. distinction herein, ib. privileges of, and rights, ib., and n, (46-1). Ofenvoys. 460. are ordinary or extraordinary, ib. importance ol the latter, ib. Of residents, ib. of ministers simply so called. Ib. representastive character of, ib. distinction between and ministers extraordinary, 460, 461. of consuls, agents, deputies, conimis-sioners, &c., 461. credentials, wtiat./b. character of minister known by. ib. Instructions of, defined, ib. wfiat they contain, ib. RiQhtofsendingambQssadors.W2.AG? 01 the rights, privileges, arid immunities Of, 464. of tlio respect due to them, ib. persons of. sacred and inviolable, ib. privilege of. from arrest, 459, note. particular pfoloclion duo to him, 465. Injuries to, how redressed, ib. when protection to. commences, 406. what due lo them in countries through which they pass, to. Of ambassadors going to an encm/s country, 467. when may be arrested, ib. instance of arrest, ib. of embassies between enemies, ib. necessity for, ib. Of heralds, trumpeters, and drummers. 468,
are privileged messengers, ib. persons of, to be respected, ib. even in civil war, 468, 469. may be refused admittance, wt icn. 4G9 appearance of Insult to, should bo avoided, tb. by and to whom they may be sent. 470. Independence of foreign ministers. Ib. how they should behave, 472, independence of. not to bo converted Into licentiousness. Ib. must conform to the customs and laws of the country, 472, 473. so far as consistent wild his mission, 472,
lamponng with fidelity of. 473, Bribery of. and when excusable, 473,
474.
of making presents, &c, by, ib. How punisheblo. 475, 478,
MINiS^RS, PUBLIC, (continued)
1. for ordinary liansgresslons, 475. ?, lor ollences against the prince. Ib.
right of ordering away, /b.
or of repressing him by lorce. II he bo-haves as an enemy, 476.
or where he forms dangerous plols and conspiracies. Ib.
instances of dismissal, 477.
what may bo done to him, according to the exigencies of the case, 476.
of ambassador attempting the life of the sovereign, 479.
inslances respecting irnmunitios of public ministers, 480, 481.
what reprisals may bo made on. 481.
why not in general ponriitted, 461,48?. Agreenwnts o! nations rosf:>octing privileges of. 48?.
allowed the tiee exercise of his religion. 483.
exemption of, horn imposts, 484.
to whal exient. Ib.
this obligation founded on use and custom. 485. O! secret ministers, ib.
rights and duties of, 485, 48G.
of a sovereign In a foreign ountry, 460,
conduct to bo pursued towards, ib.
his rights, privileges, and security, 486, 487. Of deputies to slates, 487.
rights and immunities of, ib.
safety to persons of ib.
MINISIERSOr RELIGION, Soo Religion,
MISSIONARIES, of their employment in religious mailers,
158. of refusal of admittance lo them, ib.
MONARCHY. Soo Government. defined. ?, a government confided to one person, 2
MONEYANDEXCHANGE, 01 the establishment of money, 45. utility and convenience of. /b-commorce facilitated by. ib. duly of nation with respoct to coin. /ib. impression on the seal of Its standard
value, ib. should be coined in sovereign's name,
ib.
amount ol coinage, ib. of increasing value of, wl icn inexpedient
ib. rights in respect of, 46.
MONE.-YAND EXCHANGE, (continued) slate alone has the right ol coining, ib. ol counterfeiting coin, ib. an oltence against the sovereign, ib. though made of standard value, /b. coining a prerogative ol majesty, ib. how one nation may injure another In the
article of coin, 47. as by count erioiling. ib. or protecting, f.c,, those who do. ib. all princes equally interested in exterminating them, ib.. end note. O/ exchange and the laws of commerce.
47. a custom ol merchants for remitting
money, 47.
should bo supported by good laws, ib. duty of nations herein, ib.
MONOPOLY. Soo Commerce. duty o( sovereign to hinder, 1, 0,
MUNICIPAL COUFn. Seo Jurisdiction, jurisdiction of, Iv. in note, cannot enforce treaty, ib. when olhorwise, f'b.
NATION. Soo Stale. law ol, Seo Law of Nations. meaning of term nation, Iv., 1. is a moral person, ib. susceptible of obligations and rights.
tv.,4.
ol (lie state and sovereignly of, 1. of the several hinds of government of, ?, General principle- oftho duties offs nation
towards Itsetl. 4.
should act agreeably to its nature, ib. should preserve and perfect itself, ib. In what consists its preservation, ib. what its pcrlecl'on.f'b. what is the end of civil socioly. 5 of the nation's obligation lo preserve
itself, /b.
also to preserve its members, ib. has a right to everything necessary (or
its preservation, 6. or which may promote that end, ib. should avoid every thing that might
occasion its destruction. 6, 7. should bo porlect in itself and slalo, 6G, should avoid every thing contrary
thereto, 7.
of the right derived from those obligations, ib. examples, ib. 8 nation ought to know itself, 8, Common duties of, towards others, 133. foundation of these dulios, 133,134.
NA110N, (continued) offices of humanity, 134, 135. difference ol religion should not p'e-
ctude the performance of thorn, 139. Instances, 139,140, end noles-goneral principle of the mutual duties
of nations, 135. duties of a nation lor the preservation
of others, ib. should assist a nation affected wilh
famine or other calamity, 136 & note, instances, 13G. should contribute to the perfection of
others. 130, 137. of the right to require the offices of
humanity. 138. of the right to refuse them. ib. performance of, cannot bo enforced,
138.
mutual love of nations, ib. each nation should cultivate the tiiond-
ship of others, 138, 139, end perfect itself for the advantage of
others, 139.
to lake care of their glory, f'b. rule and measure of the offices of
humanity, 140, particular limitation with regard to the
prince, 141. no nation ought to injure others, 141,
14?,
moaning of the word injure, 141. note. how far one nation may injure Iho commerce of another. 142. note. case of revolted colony, f'b. should avoid giving offence to olhers.
14?,143.
of the publicalion of libels. 143, note, O/ the protection sought by a nation, 93, of simple protection, 93, 94. how obtained, and terms, ib. reservation of right ol government, ib. voluntary submission of one nation to
another, 94.
when may lawfully do so, ib. on what terms, ib.
of the different kinds of submission, ib. may leave Inferior nation a part of the
sovereignty, ib. may totally abolish it. ib. may Incorporate the two tn one, ib. right of citizens when nation submits to
a foreign power, f'b. when not bound to submit, f'b. may sell effects and retire elsewhere,
94,106,
these compacts how annulled, 95. by failure of protection. 95,9G. and note,
NAIION, (continued) through want of good faith, 95. by inlidolily of parly protected, f'b, by encroachments of, protected, ib. by silence of parly protected, 95, 9G. O/ f/fo separation of B nation from a
slete of which i( Is a member, 9G, 97 difference between incorporated nations
and those merely in a state of subjection, /b. failure of protection alone no ground of
separation, /b,
their duly when in danger, 97. to use endeavours to maintain Ihem-
selves in their present stale, f'b-if overcome by fotce, may tieat with the
conqueror, ;'b.
their right when abandoned, 97, 98-may provide for their own safety. 97. instances, 97, 90.
O/ the establishment of, in a country, 98. possession of, and how acquired, 96. exclusive right therelo. Ib. comprehends two things, f'b right ol domain and empire, ib. acquisition of, in a vacant country. 99, empire over. acquired with domain, f'b. another mode of acquiring \\,ib. ol appropriation of a desert country by a
nation, /b.
must take entire possession, f'b. whore possession in a few wandering
tribes, 99,100,101. by treaties, 153. our duty to conform lo general customs.
153, end nole, ol mulual respect sovereigns owe each
other. 153. how sovereign ought to maintain his
dignity. 154.
Of Ihe fight of nation to security, ib. nature of this right./b. gives Ihe light of resistance, 154,161. and of obtaining reparation, 155,16G1. gives the right of punishing, ib. cannot inlerfore in the government of
another state. 155, and note. one sovereign cannot make himself
judge of conduct ol another, 155, how tar may interfere in a quarrel between a sovereign and his people.
157. right of opposing sucl i interference. 1 &7,
156, no nation lo be restrained es to religion,
158. offices ol humanity in these matters,
f'b.
NA110NS, (continued) Of missionaries, ib. may order them to leave dominions, ib. their duly to obey, ib. of the circumspection to be used herein,
159.
what sovereign may do In favour o( those who profess his religion in another slate, 159,160. Of colonies. 101. when they become a part of the mother
country, ib.
01 the things relating to tliffi establishment, Ib. See Country.
Of tlie mutual commerce between nations, 143 See Commerce. O/ the dignity and equalityof na lions, 149, dignity of nations or sovereigns, ib. their obligation to maintain it, 149,154. their equality, 149. tlieir precedence, ih. none can claim It as a right, ib. how far power and antiquity ot slate give
it precedence,149. form of government immaterial, 150, stale to keep its rank. though government changed, ib. treaties and established customs to bo
observed, f'b. instances herein, 150,151. of the name and honours given by the
nation to its conduclof, 151. rule of conduct in this respect, fb, right of eovereign to assume honours
and titles, 152.
right ol other nations in this respect, 152, their duty, ib. how titles and honours may bo secured,
153,
O/ ItiG observance ol justice between nations, 160. Seo Justice and Polily. necessity tor observance of. 160. obligation of nations to cultivate it, f'b. right of relusing to submit to injustice,
161.
this right a periect one, /b., and produces tho right of defence, ib the riglil ol doing ourselves justice, ib. and riohl to punish injustice, ib. right of nations against one that openly
despises justice, /b. Of terminating disputes between nations. 274.
general observations heroin, f'b. every nation bound to give satisfaction,
275. how nations may abandon their rights.
NA110NS. (continued) and complaints. Ib.
duly of sovereign to insist on compensation for wrongs to his subjects, ?7G
means suggested by the law ot nature tor terminating their disputes, /b.
1. by amicable accommodation, Ib.
2. by compromise, Ib.
3. by mediation, f'b.
4. by arbitration, 277, P78. these several modes described, 27£i.
278.
of conteronces and congresses. ?76. distinctions to bo made between er/-
do/if and doubtful cases. 276. between essential rights and inferior
ones, ?79. ot resorting to force in doubtful cases.
?80, when conciiliaatory measures may bo
dispensed wilh, ib. effect of voluntary low of nations, 280,
281. equitable conditions to be offered. 281.
282. fights of party In possession In doubtful
cases, ib.
how reparation ot injury to be sought, fb of retaliation, 28?, 283. when, and how far justifiable, ib. of the various modes of punishment
without resorting to arms, 283. of retortion, what. /b. of reprisals, what. 283.284, See Reprisal Of the glory of a nation, 91. See Glory, Of the concern a nation may have in tho actions of her citizens, 161. Soo Citizen. 0/i/ie effects of domain between nations.
1G4. Sec Country. Of the figlits common to all nations. 178.
Seo Obligations end Rights. O/ war botwoon nations. 290. Soe War, 0/peaceboiwoonna(/oos,ar»c/ob/ioa('bf) (o cultivate it, 428. Seo Peace.
NA11VES. Seo Country. who are, 101. those born of parents who are citizens,
ib.
succeed to rights of parents. 101, &c. born of foreigners, 101, become citizens by tacit consent. f'b,
NAIUftALIZATION, what, 102. andn, by whom granted, 102. of imperfect naturalization, /b. of naturalization by birth, f'b,
NA-iUftALIZAIION, (contiwod) Inslances, ib. In nole.
NAIUfW 1AW. what. Iviii. in nole. defined to bo Hie science of Iho law of
nature, (xvii, in nole. of God and our conscience, ib. the basis of the law of nalions, Iv, In
note. nations subject to, and bound by. M.
NECESSARY LAW,
what, Mil.
application of, (o nations, ib.
why so called, /b.
is Immutable, ib.
nations cannot vary, ib. or dispense
with its obligations, ib. maxim concerning use of, (xvl,
NEUIflALnY, wfial. 33?.
of neutral nalions, ib. conduct to bo observed by, ib. impartiality of, ib. In what It conslsis, 33?, relates solely to war. Ib. wlial a breach of neutrality, 332, 333, an ally may furnish succour due from
him.333.
and yet remain neuter, ib. of the right of remaining neuter, ib. all nalions may remain so, ib. unless olherwise bound by treaties, ib. when they should loin In the conlesl. ib. Iroalies of neutrality, ib. when lawful lo enter into, ib. when from necessity, ib. when with both parlies, 333. 33-1. foundation of rules of neutrality. 334. how levies may bo allowed, &c., without breach of. ib. of breach of, generally, 334,335, trade of neulral nations with (hose al
war, 335, and nole, of seizing the property thereof, 336, passage of troops through nouira I coun-
liy. 3-10.
of the right thereof, Ib. when may be refused. 340, 343, 345. permission must bo applied for, 3-10, may bo refused for good reasons, 341. as where war unjust. 345-in whal case may be forced, 3-11, fear of danger authorises s refusal,
342.343-
Of a demand of every reasonable security, 34?,
NLUIRAinV, (wnlinwd) whether necessary lo give security,
required, ib. equality to bo observed towards bolh
parties as to the passage. 343. no complaint lios against neutral stale
for granting passage, ib. state may refuse from fear ofresentmeni
of opposile parly, /o. or lest her country should become tlie
theatre of war,/o,
what included in grant of passage, 344. to include all connocled with passage
of troops, ib. safely of passage, ib. hostilliliies not to be committed in
neutrals'counlry, ib. sea, wtion considered parl of territory,
344, in nole,
of contraband goods. 337, what deemed such, ib. distinctions as to. ib. when may bo confiscated, ib. ofsearching neutral ships, 338, 339,
and nole.
foundation of right to do so. 339. neulral ship refusing (o be searched,
and consequences, /b. may be condemned as a pri?e, ib. manner of search generally sollled in
treaties, 339. credit usually given lo cerlificales, end
bill of lading, ib.
unless Iraud apparent, 339. and notes. of enorn/s properly on board neutral
ship. 339.
liability thereof to seizure. 339, and note of neutral's properly on board enem/s
ship. 339.
restoration tireroof (o neutral, ib. latter to boar any loss resulting from
capture, ib. of (fading with a bosioge'd town, 339,
and nole, commerce with, absolutely prohibited,
339. of blockade, and violation thereof, 339.
and note. See Blockade. of Impartial offices of neutrals, 340, duty of. towards belligerents, ib. may render Impartial assistance, ib. other assistance by treaty, &c,, ib. enemy pursuing ship into neutral port
must refrain from hostilities there,
344, nole. nor can ship be condemned in, 3'l-l,
nole. neulral country not lo effoid a retreat
for IroopS, 345.
NCUniALRY, (continued)
conduct of troops passing through
neutral country, /ib. stipulations lor indemnification against
loss, ib.
OA1H. See "treaties. or the use of, In treaties, ?3?. does not conslitule Ihe obligation, it). or chango the nalure thereof, ib. or give pre-eminence of one treaty
above another. ?33. docs not give force to en invalid treaty.
Ib. of asseverations, ib.
Cmi-IGAIIONS ANtltilGUIS. Distinctions respecting, Ixii
ere internal and external, ib.
or ported and imperfect, ib. Internal obligation, whal, ib.
binding on the conscience, ib.
always of the same nature, ib. Eternal, wlial. ib.
relates to men, &c,, ib.
Is either porlect or imported, ib.
perfecl where performance may bo compelled, ib.
Impelled when only a right to ask. ib. Of rights rotQi'nod by all nations, 178.
of what rights men cannot be deprived, ib.
righl still remaining from primitive stale of communion. Ib.
introduction end tacit restriction Ihere-on.178.
right retained by each nation over the properly of others, /b-
righl ol necessity, it'.
right of procuring provisions by force, 179,
when this right may be resorted to, ib.
right of making use of things belonging to othors,/b.
compensation tor tho same, ib.
of pressing vessels in cases of necessity. ib.
compensation to bo made lor services, ib.
right of carrying off women, ib.
instance ol the rape of Sabine women, ib.
righlof passage, 100.
none can bo deprived of, ib.
though right limited, ib.
right ol, from necessity. Ib.
when may bo enforced, /b.
when to escape from danger, /b.
OBLI&A110NS. &c, (continued) of right of vessel to force enlry in a
foreign port, ib.
right of procuring necessaries, ib. right ol dwelling In a foreign country, ib. right herein defined, 180,181. rigtil of use ol things inexhaustible, 181 instances of rights, /b. rigti! ol Innocent use. and what meant
thereby, 181, 182, nature of this right in gonoral, 18?, who to decide thereon, ib. where right doubtful, ib. in coses not doubllul, ib. exercise of this right between nations, 18?,183,
Of tho riohl of domain. 183, exercise of that right by nalions. ib. general duty of the proprietor, /b. bound to grant a lawful passage, ib. but sureties nioybo required, 18'!. passage ol merchandise, /b-right of residence, 181. 171. should in general be granted, 18']. unless required lor unlawful purposes,
ib.
wtial, no ground for expulsion, 184,185 how to act towards foreigners desiring a
perpetual re&idoncc. 185. of the right accruing from a goneral
permission, ib. the nation ought to bo courteous, ib.
PACTION. See treaty, Convention.
PARDON, right of, in whom. 63. an attribute of sovereignly, fb, of the exercise thereof, /b. sliould bo without injury to anyone, ib. or where welfare of stale requires an exception, ib. exercise of, should tie lor advantage of society, /b.
PASSPOR1, what, 416.
distinction as to, and safe conduct, ib. by wtiorn granted, 459, In note, 105.
PATRIMONIAL S1A1E.
wtiat, 30.
doctrine of, refuted, ?5,30,435,
true sovereignly inalienable, ?5,31, 32, and notes,
duly ol sovereign empowered to appoint successor, 3?, 435.
must have at least a tacit ratification, 3?,33,
wr. -w t'••-!lw"lft.1•a•,-..
PEACf,
wlial peace is. 42&. 430. obligatin to cutlivale it. 'ISO-sovereign's obligation herein, ib. extent ol this duty. Ib. otthe disturbers ol, 431 howiar war may bo continued, 431,30?. peace the end of war, 43?. general eKects of peace, to. Tread'eso/, 432 to 440. definod, 43?.
by whom concluded, ib. sovereign's authority herein. 432. 433. when lin-iiled, 433. of alienations made by a tieatyof peace,
ib.
to what extent may be made. 433,43-], when sovereign may dispose of wtial
concerns individuals, 435. state bound to indemnify sulferers. Ib. whether soveroion. prisoner of war, can
conlcude treaty of peace. Ib. when he maynegot/Qfe it. &c.. ib. who then to conclude it, Ib. duty of stale lo procure release of
sovereign. 43G.
when may be made with an usurper, ib. allies included in, ib.
when not binding on allies, 43G, 437. associates, to treat each by himself,
437.
of mediation, ib.
on wl lal fooling peace may bo concluded, ib.
eeneral effecl thereof. 438,
engage to preserve perpetual peace, ib.
ol special comprises, ib.
amnesty, what, 439.
a perpetual oblivion of the past, Ib.
necessarily implied in every treaty of peace, ib.
of things not mentioned in the treaty, 439-
of things not included therein, ib.
does not extend to tilings having no relation to the war. ib.
es debts contracted wild Individuals, ib., or lo movables, &c,, ib.
former treaties, mentioned and confirmed in the new, are part of it, 440. Of the execution of tliose treaties, 440 to 443.
when the obligation of the treaty commences. 440.
publication of peace, ib.
should be without delay, ib.
when may be postponed. 440. 441,
time of the execution thereof, 441.
lawful excuse for delay, ib.
PFACE:, (continued)
ptomiso void when party lios hindered
the performance of it, ib. cessation of contributions, 44?. products of the things ceded or restored. ib.
In what condition lo be restored, ib. import of word restitution, ib. Instances. 442. 443, Interpretation of treaty ol peace, 4 4 3. 1. where doubtful, against Iho pre-
scribor thereof, ib. ?. names of ceded countries, ib.
how to be understood, ib. 3, restoration not lo be understood ol those who have voluntarily given themselves up. 444. Of the observance and breach thereof, ib. binds llio nation and successors, ib. lo bo l<hlully observed, i't». plea o( lear or force does not dispense
with its observance, ib. breach ot what. 446, ways in wl iich 11 may bo broken, ib may be violated in three ways, 446 to 450.
1. by conduct contrary to the nature thereof. 44G, to lake up arms for a fresh cause. no broach, ib. nor is a subsequent alliance with an enemy a breach, 447. distinction lo be made between a new war and a breach of treaty, ib. justifiable defence no breach o( treaty. 448. causes of ruupture on account of allies, 449.
?. by conduct contrary lo Its particu-lar nature, ib. Instances herein, ib. 3. by violation of any article, ib. violation of a single article breaks the whole treaty, 450, no distinction bolwoen more and less
important articles, 449. of penally annexed lo tho violation of
an article, 450. studied delays, their ellecl, ib. of insurmountable difficulties, ib. when time must be allowed. 450. 451-or indemnity given. 4i)1. preferable lo recourse to arms, ib. inslruclion of treaty by subjects, ib. distinction, it not imputable lo sovereign, ib.
the treaty not broken by, ib. of infraction by allies, ib.
PCACE.fcoot/nuccO right ol offended party against violator
of treaty, 452. optional to declare liealy null. or allow
it to subsist, ib.
mY. Seo Religion. meaning ol. 55
Us Influence on happiness of nation, /b. nation ought therefore to bo pious, /b. should bo attended with knowledge, ib. consequences ol want of, &5, 56,
POISON.
use of. in warfare condemned as odious, 360,
not to be adopted by way of reprisal, ib. of poisoning prisoners, 358,360, 361. use of poisoned weapons condemned,
3G1-so, of poisoning springs. 10.
POLICE, Soo Justice and Polity.
POLITICAL. EQUILIBRIUM. SQO War. what, 31?,
POPE, Seo Popery.
POPERY, Abuses of. particularized, 66,
1. power ol the popes, ib. extent thereof, 66,67. whence it arises, 67. effect ol, in a foreign court, ib. instances. 65 to 67.
2. Important employments conferred
by a foreign power, 68, disposal of ecclesiastical dignities, ib. practice hereof a violation of nation's
right. /t>. nations submitting to. condemned, ib
3. powerful subjects depending on a
loieign court, 68, 69. abuse in this respect, 69.
4. the celibacy of the priests, /b. for what cause invented, ib. practice of, condemned, 69,70, of convents. Ib. marriage advocated. 70.
5. enormous pretensions of the clergy, ib.
their pro-eminence, ib. its prejudice on good order, ib.
6. Independence of, 71. immunities, /b.
their attempt to escape from political authority, ib.
POPERY, (continued)
claim their immunilios from God. ib.
7. immunilios of church possessions. 72,73.
same Immunity claimed tor possessions of the church. 7?,
when stale may exempt them, ib.
should bo first taken lor the use and safety of tho state, 73.
limit of exemption, 72,
8. excommunication ol men in office. 73,
9. and of sovereigns themselves, 74. instances of abuse, ib. but abuses not confined to popes, f'b. Instance. 74, 75, In note.
10. the cleroy drawing even/tiling to 11 iem-setves, and disturbing tho order of justice, 75. 76.
11. money drewn to Home. 76.
their rapacity herein, ruinous to the court of Rome, ib. 1?. laws and customs contrary to the welfare of slates, ib. consequence of trusting same to the clergy, ib. its pernicious effect on the slate, ib.
POPULAR GOVEflNME^NT.
Sec Government. what. 2,
empire kept by slate in its own hands, 2. also called a democracy, f'b.
PORIS.SooSoa to wtiom belonging, 1P9. enemy pursuing ship into neutral port
must refrain from hostilities there,
344,n-
POSniVElAW,
what. Ixiv., Ixvi., Ixvii, and notes. proceeds from the will of notions, 60. is of throe kinds, Iwi,
1. voluntary, what, ib.
2. customary, what, ib.
3. convention, wtial, ib. the two latter called the arbitrary law of nations. Ixvi.
POS1LIMINIUM, See Jus Postliminium.
PRE:ROGA1 IVES OF 1 (IE: CROWN. what. 15.
with respect to coin, 46. See Coin. in matters of religion, 6?, $00 Religion, with regard to public properly, 11?. Seo Properly.
.. . ,iX....
^r^Fgw-WtW-WWt'Si^T?1^^^
PREROGl^tVES, (continuod) as to pardoning offenders, 83, Soo Pardon.
PRESCRIPTION, of usucaption and prescription. 187, and
note.
definition of, 187. &c, Is derived from (tie law of nature. 187. what foundation required lor ordinary
proscription, 189. of Immemorial prescription, ib. claimant alleging reasons for tils silence,
190, proprietor showing ho does not intend
to abandon his right, ib. prescription founded on the actions of
the proprietor, ib. usucaption and prescription take place
between nations, ib. more difficult between nations to found
them on a presumptive desertion.
190.191,
other principles that enforce prescription, 191. effects of voluntary law of nations on
this subject, 191, 192, law of treaties or customs herein. 19?, nations should adopt rules on this
subject, ib. exclusive right to, not acquired by
prescription, 1?7. riOhl may be acquired by treaty, 12G,
PRE^EXIS, what, 304. 30G, See War.
PRISONERS OF WAR See War. right of making, 353. are not to bo put to death, 3'18, 35-1. how to be trealed. 354, may bo confined and fettered, ib.
but not to bo treated harshly, ib.
unless guilty of crime, Ib. are seldom ill-treated by European
nations, ib. of releasing them on parole, 355. whether prisoners who cannol be fed. &c., may be put lo death, ib.
should be dismissed on parole, ib. whether may be made slaves, 356.
in what cases lawful, ib. exchange and ransom of, 357. object of detention of, f'b. time of exchange or ransom, ib.
when proper, f'b. stale bound to procure release of. ib.
its duty lo provide for support, ib. formerly obliged to redeem themselves
PRISONERS, (continued) of assassination and poisoning of, 35B
360,361.
practice of, condemned, ib. of the jus postliminium with respect to,
398.
in force lor prisoners, 397. how rights of, subsist. 390. may dispose of and will propterly, ib.
PRIZE COUR1,
how constituted, 3G4, 392, in notes, questions of captufeorprizedelormtned
in, 364, 393. in notes. rules rospoclino, 166, note. 1. must belong lo belligerent country,
f'b, 344 note. ?. must have actually sal in country
to which it belonged, f'b. 3. properly condemned must be, et time of condemnation, in country where sentence pronounced, f'b.
PRIVATE ?R. Sec War.
PROPER1Y. Different kinds of. 109,
is public, common, or private, ib. Of public property, 109. 113.
what, 109,
called by Romans res communies, ib.
of what it consists, f'b.
how acquired. 110.
of the revenues of the public properly, f'b.
naturally at the sovereign's disposal. /b.
nation may grant him the use and property of its common possessions, ib
may allow him the domain, f'b.
and reserve lo itself the use of them. ib.
of taxes, 111. Seel axes,
nation may reserve to itself the right of imposing, f'b.
of Hie sovereign who has this power, f'b.
his duties willi respect to, 11?.
of eminent domain annexed to sovereignty, ib.
his right thereto, ib.
may dispose thereof, ib.
government of private properly. 113. Of common property. 113, 115.
what, 109, 110.
sovereign may make laws respecting, 113.
but not abuse such power, ib.
of alienation of properly of a corporation. ib.
corporation has a right lo do so, f'b-,
PflOPEf^.(continued) how ttial right should be exercised, ib. whose consent requisite therein, ib. of tho several kinds of corporate property, 114.
use of common properly, f'b. how each member is to enjoy it, ib. must not ln}uro the common use. Ib. right of anticipation In Ihe use ol It, ib. Instances ot the exercise of this right, ib in drawing water from a well, f'b. or felling tree in a forest, 114. preservation and repairs of common
possessions, 115. expenses hereof, end how raised, ib. duly and riQhl of sovereign herein, Ib. 01 private properly, 115,116, rights of proprietors of, 115. when sovereign may inlertere therewith.
ib.
may subject it to regulations of police, ib may compel sale of, In cases ol necessity, 115,116.
power over, in other Instances, Ib. should hinder monopolies, 116. of inheritances thereto, ib. right of persons to bequeath it, f'b, when limited, ib.
Of the alienation of public property, ib. right ol nation herein, f'b. duties ol nation In this respect, ib. In cases of necessity, /b. duties ol Ihe prince as lo, 117. cannot alienate It. f'b, though nation may give him a right to
it, /b.
but right not to bo presumed, ib. rules respecting alienation between
nations, /b. of treaties thoreon, f'b. of alienation ol a part of the slate, 118, should only be in cases ol extreme
necessity, /b.
rights of dismembered parly. 116.119. not obliged to receive now master. 119-whether prince has power to dismember the stale, ib.
PROKCIlON.Seo Nation. of protection sought by e nation, 93, simple treaty of. what, 93,94. how annulled. 95.
PUBLIC GRANARIES. propriety of establishing. 36.
PUBLIC WAYS, utility of highways, canals, &c., 43, and note.
PUBLIC WAYS. (continued) duty of Government in respect ol, 43. should render them safe and commodious. /b. Its rights in this respect, ib. nation should contribute lo expenses
of, ib.
may compel people to labour at, 44. or contribute to the expense, 4<1, and
see note.
foundation of the righls of loll. ;b, abuses of, /t>, and notes. how far tolerated by arbitrary law of
nations, ib. now general^ sellled by treaties, ib.
PUNISHMENT. Soe Justice. 01 transgressors, 81. loundalion ol right o( punishing, /b. lounded on right of personal safety, ib. to whom it belongs, ib. ol the laws, and their execution, ib. necessity of these laws, ib. their choice, and establishment, 81,82. 0/f/ie degree of punishment, 82. not lo be beyond wlial safety of stale
requires, /b. what to be considered in proportioning
of it, /b.
as nature of crime itself, f'b. opportunities ol committing It, /b. degree of Injury done lo tho public, f'b-consequences of unnecessary severity,
ib. importance of enforcing the laws, f'b.
RANSOM,
of prisoners, 357,
right to detain till ransomed, f'b,
lime ol ransom, f'b,
generally settled by treaty, ib.
right of sovereign lo enforce payment of ransom, 414.
conventions relating to the ransom, 419.
right to demand, may be translorrod. ib.
should not be in an unlimited manner, f'b
what may annul tho convention made for the fate of ransom./b,
ransom proportionate to rank of officer, /b.
concealment of rank, compact may be annulled, ib.
prisoner dying before payment of ransom, fb.
ransom, when, or not due, 419. 420.
instances, f'b.
prisoner released on condition of procuring tho release of another, 4?0
RANSOM, (continued)
when bound to return. Ib.
whore prisoner is rolaken before payment of ransom, ib.
his liability to pay second ransom, ib.
otherwise, If rescued before he has obtained his liberty, 4?1,
of ships, &c., <114, notes.
prohibited by English laws, 414, note.
RANSOM BILLS, doclrine of, recognised as a part of the law of nations, 414. nole,
RE BLL See Civil Law, who are rebels. 422, 424, sovereign's right against, 422. obligatory on him to perform promises to,4?3.
RE-GEN1.
wlion to bo eppoinled, 23. his authority, 27.
RH-IGION, See Piety, 01 religion external and internal, &C.
defined, ib.
as en affair of conscience, ib.
or an affair of slate, ib. Rights of individuals as lo. ib.
should ecquire knowledge of God end his laws, ib.
(ove and respect due to God, ib.
liberty of conscience, ib.
right to exercise choice in matters of religion. 56,60.
Importance ol this right, 56, 6).
Is natural and inviolable, Ib.
should be tiniitod within just bounds. 5G Public establishment of religion, ib.
is a matter ol slate, 57.
and under jurisdiction of political authority, ib.
of a nation, how established, ib. When as yet no established religion, ib.
choice of, how made. ib.
duty of nation herein, ib.
majority to have choice of, ib.
but minority to have liberty to follow their own religion, to.
Of separate from society of majority, ib.
when may sell their property, and retire,
ib.. 100, When there is an established religion, 58.
nation bound lo protect and support, ib.
When may make chanoos therein, ib.
of the danger of innovations, ib.
who to determine on changes. ib.
In case ol a new religion spreading, ib.
RELIGION, (continued) Duties and rights of sovereign with ro-
spGct to religion, ib. When no religion established, ib. should esleblish one by mild and
suitable msans, ib.
should not use authority or restraint, ib. should prevent inlroduclion of one
pernicious to morality, &c., ib. When there is en established religion 59. duty of sovereign to watch over it. ib. should restrain attempts to disturb it, ib. his right lo interfere in such case, ib. how right to bo exercised, ib. objeds of his care, and the means he
ought to employ, GO. interior as well as external religion should
be, ib. Of toleration, ib., ol all tenets advisable, ib. unless dangerous to morality, ib. Ofpnnco's duty, whon nation resolved to
change its religion, ib. cannot constrain them therein, 61. but may exercise his own religion, ib. difference of, does not deprive him of
his crown, 61.
duties and rights of It 10 sovereign reconciled with those of the subjects, ib. Right of sovereign to have inspection over matters of religion. G?. should have inspection ol all relating
thereto, ib.
also over those who teach it, ib. its exorcise advantageous to the state,
ib.
a preroQativo of majesty, ib. right of nation to delegate this power, ib sovereign's duty to prevent abuse of
received religion, 63 his authority over ministers of religion, ib this authority described, 63, 6'1-connol compel ecclesiastic to preach
against his conscience, 64, duty of ecclesiastic herein, ib. rule lo be observed with respect to
ecclesiastics, ib. should enjoy a large portion of esteem,
ib.
should have no authority, ib. or claim independence, ib. should bo subject lo the public powers,
ib. and amenable to sovereign for their
conduct, ib.
duly of sovereign towards, ib. should cause them to be respected, ib. and invest them wilh authority sufficient
to discharge their functions, ib.
RELIGION, (continued) but should prevent abuse of that
authority, ib. clergy when formidable as a separate
body, ib.
Recapitulation of reasons establishing sovereigns rights in matters of religion. 64.65, authorities and examples, 65. Pernicious consequences of denying sovereign to be head of Hie church, ib. abuses parlicularbed. ib. 1, Power of tho popes, 6G. Soo Popory. extent thereof, 6G, 67. pernicious effect of, In a foreign court, 67. Instances, ib. 2 Of imporlani employments conferred by a foreign power, 68. disposal of dignities, ib. a violation of a nation's right, ib. submission thereto condemned, ib.
3. Powerful subjects depending on foreign court, 68, 69. abuse in this respect, 69.
4. Ihe celibacy of their priests, ib. for wha! cause Invented, ib. practice of, condemned, 70, of convents, 69, 70, marriage advocated, 70.
5. Cnormous pielonsions ol tho clergy. ib.
of their assumed pre-eminence, ib. Its prejudice on good order, ib.
6. Independence of. 71. immunities of. ib. attempt of to escape from political
authority, ib. claim their Immunities from God, ib.
7. Immunities of church possessions. 7?.73,
when slate may exempt them. 7?.
limit of exemption, ib. 6. Excommunication of men in office, 73 0. And of sovereigns Ihornsotvos, 74.
10. 7 ho clergy drawing every thino to themselves, and disturbing the order of justice, 75, 76.
11. Money drawn to Rome, 76,
12. Laws and customs cont'ary to the welfare of $tates,;o. consequences of trusting same to the clo'gy. ib.
pernicious effects thereof on the stale, ib.
fVght of nations to interfere with religion ofeacholher, 157,158. no nation can be restrained with respect to.158,
RELIGION, (continued) wilh respect to missionaries, ib. what a sovereign may do in fovour ol those in another country, 159.
FtENUNClA'nON, what, 25. validity and effect of, 25, 26.
REPRISALS, what. 283.
their nature, 283, 284-ecoomplishmeni ol, ?84. wtial required to render them lawlul, ib. must be on just grounds before allowed.
ib. upon what effects reprisals made, ib.
and note.
general reprisals, what, ?85, note. stale should componsale those who
suffer by, 285.
sovereign alone can order reprisals, /b-termod by the French-letters of marque,
?85. against a nalion lor the actions of its
subjects, fb.
but not in favour of foreigners, ib. those wlio have given cause for, ought
to indemnify tho sufferers, ?8G, what deornod a refusal to do justice,
266.287.
arrest of subjects by way of, 287, 481. our right against those who oppose
reprisals, ?B7. lust reprisals do nol afford a just cause
of war, 268. how we ought to confine ourselves to
reprisals or proceed to extremities, 288,289.
when latter course preferable. 289. of reprisals during war, 348, wliolher may bo made on ambassadors
&c,, 481, 482, use of poison nol to bo adopted byway
of reprisal, 360,
REPUEiLIC, See Government wliol, 2.
empire intrusled by nalion to a certain number of citizens, 2.
RESIDE N7 S. who,460.
RElAL)A'IIONOriNJURIE:S.?0?,283,317 RE10R110N.283
tiF- VENUE, Seo Property. of the public revenues, 110. al whose disposal, ib. application ol. ib.
RIGH1S. Soo Obligations and Rights,
RIVf:RS, STRFAMS. AND LAKES, right of nation Iherelo, 1?0. of river separating Iwo terriiories. Ib. rules respecting. ib. 1. where nalion lakes possession of
country bounded by, ib.
pnofily of possession gives right, ib. ?. and appropriates to itself the rse
thereof, it).
3. where possession doubtful, ib. A. where possession long and indispu-
ted, 130, and note. 5. where seltlod bytrealy, 1?0.
ol the bed of a river dried up, or taking
another course, 121. the bod of, belongs to owner of river, ib. of the right of alluvion, ib. distinction between, and avulsion, ib. whether It produces any change In Iho
right to the river, ib. where bed of changed, 1 ??. right o( soil of abandoned course, in
whom, 1??, of works tending to turn the curreni of,
ib.
when, or not lawful, Ib. or in prejudice of right of olhers, ib. rules in relation to interfering fights, ib. where right ol fishery exists, ib. in cases of navigation, ib. of lakes. 123,1?4. Seo Lakes, proprietors ol, who, 123. or tlic Increase of lakes, ib. of land formed on L>anks ol lakes, 1?5. jurisdiction over lakes and rivers, ib.
SAF-CCONDUC1, what, 416
distinction between, and passport, ib. right of sovereign to grant, ib. when may delegate right, ib. Is not transferable, ib. of safe conduct granted for certain
effects, ib. when those effects may bo removed by
others, ib. extent of the promised security, ib. duly ol parly granting It, 417, of the righl derived thereby, ib. whether includes baggage and domestics. ib.
SAFE CONDUCT. (continued) practice to specify particulars, ib. granted to father docs not include his
family, ib.
when to party end his retinue, ib. term of safe conduct, 418. of person forcibly detained beyond Hie
term. ib. of respite in case of forcible detainer or
sickness, ib. docs not expire at death of him who
gave it, ib.
how may bo revoked, ib. time allowed in case ol revocation, ib.
SAFE-GUARD, Sec Fnemy. what, and when granted, 369,
SEA,
its use, 1?5.
dominion over, 1?5, in note, whether it can bo possessed. 1?5. no one can appropriate to himself the
use of It, ib. attempt to exclude another does It an
injury, 12G.
attempt an injury to all nations, ib. exclusive right may bo acquired by
treaties, ib. but not by prescription, or long usage,
1?7.
unless by virtue of a tacit agreement, ib. but sea near 11)0 coasts may become
a property, ib. reason for appropriating the sea near
the coast, 1?8, how far this possession may extend,
1?6,1?8.
of shores and ports, 129, of bays and straits, 1?9,130, of sirails in particular, 130, of lax In right of passage, ib. ol the riglit to wrecks, ib. when allowed, ib. to wliom belonging, ib. of a sea Included within the territories
of a nalion, 130,131. ol tire jurisdiction over the sea, 131. empire and domain over, not inseparable, f'b-of children born at, 102. Seo Country.
SEARCH. Seo Neutrality. right of. in neutral ships. 338, 339. consequences of refusal, ib. usually settled by treaty, ib.
SEPARATION, of a nation from the slate of winch 11 Is
a member. 96. when allowed, 9C, 97. when conquered or abandoned. 97. mere failure of protection not sufficient,
90.97.
SE1HEMEN1. Seo Country. wtial. 103,
when may be changed, ib. distinction between, and habitation, ib. of natural or original settlement, ib. acquired sellletnont, what. ib.
SHORE, IPS.SooSea,
SLAVERY,
of the right to condemn prisoners to, 356. 357, Soo Prisoner,
SOCinV. Soo Law Of Nations. of the establishment of natural society,
lix.
its necessity, ib.
its duties and obligations, Ix., Ixi.. its object. 1x1. general laws deduced therefrom, Ix. Ixi.
Ixii.
benefit of others, without prejudice to
ourselves, oxi. 1x11, the liberty of nations, Ixii. effect of this liberty, ib. the right of lodging for herself, Ixii. 346. importance of this law. Ixiv. violation of, a ground of war, ib. extent of right, ib. must not affect the liberty of nations, /b.
SOLOIERS.SeoWaf. right of raising, ?93. of enlistment of, 294. their pay and quarters. 29G. of mercenary soldiers, ?97,
SOVLREION,
obligations and rights o(, 12, who Is a sovereign. 1,12. established for the advantage of society
13.
representative character of, 14. origin of, ib. is intrusted with the obligations of the
nation, ib.
and invested with its rights, 14. rights of in this respect, 14,1 &. ought to know the nalion, 15. extent of his power, ib.
SOVE.RLIGN, (continued) tils prerogatives, ib. to respect end support the laws fundamental. ib.
may change those not fundamental, ib. ouglit to maintain the existing laws, 16. in what sense subject to the laws, Ib. person of. sacred and inviolable, 17. nation may curb a tyrant, 17,1 B. may withdraw Itself from ill? obedience,
ib. arbitration between. and his subjects,
SO.
obedience which subjects owe to, ?t. when may resist him, ib. appointment of minlslors by, ?3. duly of, In establishing glory of the
nalion. 91.
of pardoning offenders. Sec Pardon, right of, to grant privilege of safe conduct. 416, duly of slate to procure release of when
a prisoner, 436. right of, over property of subject. Seo
Property.
SOVEREIGN S7A1E. what, 2. is such, though bound by an unequal
alliance, ib.
or by treaty of protection, ib. or to pay tribute, ib. or to do homage, ib. two states subject to the same prince,
may be, 3. so of stales forming a federal republic.
ib.
when it ceases to be such,4, when under dominion ol another, ib.
SOVE HE IGN1 Y. Sec A/so Sovereign Stale. what, 3.
indivisibility of, ?7. is inalienable. 31.
SPY, Of the employment of, 375, 37C, 358.
S1A1E. Soo Nation, law of Nations,
Sovereignly, /rs constitution. 8,
duties and rights of the nation in respect to. ib.
of the public authority of, ib.
nalion should choose the best constitution. 9.
of the polilical, fundamental, and civil laws of, ib.
S1A1F. (continued) ol the support ol the constitution, and
obedience to the laws, 9,10. rights of nation wilh respect to its constitution end government. 10, may reform its government, ib. end change its conslilulion. ib. of the legislative power of, 11. fight ol, to change the constitution, ib. of the caution necessary herein. IP-Is the Judge of e!l disputes relating to
the government, ib. no foreign power has a right to inlerlere.
ib. several kinds of slates, 23.
81 RAIL Soo Sea, of refusing passage through, 130. of levying tax on vessels passing through. ib.
S1REAM. 1?0. 121. Soo Hiver, Streams and Lakes.
SUBMISSION, See Nation. of one nation to another, 94. different kinds o(. ib. right of citizens on. ib. how treaty of. annulled. 95. distinction between. and incorporation, 9G,
SUBSIDY. Seo Enemy. what. 3?4.
SUCCESSIVE OR HER^DHARYSIAlE;, what, ?4, origin of. ib.
when may be changed.?5-ought to bo kept, ?G. o( {enunciation, ?5, when. or not binding, ib. ol regents. 57.
indivisibility of sovereigns, I'D, who to decide disputes respecting succession, ib. ought not to depend on judgment of a
foreign power, ?9.
SUPPLICANT. Soe Country, who are. 107. such as Implore protection of a sovereign against nation they have quilled, ib.
SURF1Y. See Guaranty. for observance of treaties. 237. Sec "treaty.
1AXFS,
Imposition and regulation of. 111. each cili?en to contribute accofding to
his ability, ib. nature of the obligation, ib. nation may reserve to itself the right of
imposing them, ib. of money bills. 111, in note, of the sovereign wt 10 ha'; this power, ib. dulios of sovereign with respect to, ib. application of. 11?.
IE" nmOFfY.Soc Country.
1[-S1AMF:N1S,
validity of. how decided. 167. how construed in England, 1G7, note. prisoner of war may make, 398.
10LEFIA110N, See Religion and Piely. when universal toleration advisable, 60 is so, unless tenets dangerous to morality, /t>.
tOLL SGQ Public Ways, foundation of right to, 44.115. nature and object ol imposition ol, 44. on whom imposed, 44, and note
IFlADE:, 37 to 43. Seo Commerce.
IREAIIE'S,
Of alliance encf other public tieatiGS, 19?. nature of treaties, 19?, and note. of pactions, agreements, and conventions, 19?. by whom treaties are to be made, ib. state undor protection may make, 193, limitation of right, ib. of t'eatios concluded by proxies and
plenipotentiaries, ib. by whom ratified, ib. validity of treaties, 194, injjury does not render lliem void, ib. duty of nations heroin, ib. if injurious to state, a nullity, ib. so, if made for unjust or dishonest
purposes, 195. contraction ol, with tt>ose who do not
profess the true religion, ib. obligation of observing treaties, 190. necessity of, acknowledged by all
nations, ib.
glory to nation resulting therefrom, /b-instances, 1&G,
violation of, an act of injustice, ib. cannot be made contrary to those
previously existing, ib.
inEAIIES, (continued) how concluded with several nations
wild same view, 197. the more ancient ally entitled to
preference, ib. no assistance in an unjust war, ib. General dMsion oft/w subject. 198. 1. those- relating to things already cfuo
by the law of nature, ib. g.thoserelatino to further engagements,
189.
the former described, ib. collision of those treaties with duty
wo owe ourselves, ib. treaties by which wo barely promise
to do no injury, f'b. utility thereof, ib. treaties concernino things not
naturally due. ib. those treaties described, ib. we equal Of unequal. 198. 199. obligation of preserving equality in
treaties. 199, difference bolwoon equal and unequal
treaties. ?00,
of unequal treaties and alliances, ib. are divided into two classes, ib.
1. where Inequality on the side of stronger power, ib.
?. where on side ol inferior, f'b. of unequal alliances, ?01, either impair the sovereignly, or they
do not, ib.
how alliance wit! i din linution of sovereignty may annul preceding treaties, ?0?, ?03. should be evoidod as much as possible. 203. mutual duty of nations with respect
to unequal alliances, ib. of those whore inequality on the side
of the more powerful parly, 203, ?CM, how inequality may be conformable
to the law of nature. ?0-1. when imposed by way of punishment,
?05,
of personal and real treaties, ib. personal alliance, what, ib. expires with him who makes It, ib. real alliance, what, ib. always allaches to the slate, /b. unless limited, ib. distinctions between, to bo observed,
ib.
general rules respecting, ib. naming contiacling parlies in, does
not make it personal, ib. alliance by a republic is real, ib.
IftLAIIt.S, (conlinuod)
subsists, though form of government changed.200. of treaties concluded by kings or other monarchs, /b. of potpolual tioalios, /b. of those tor a certain lime, ib. of tiealies for king and his successors. ib.
liealies for the pood of the kingdom, ?07.
presumption, how to be founded in doubtful cases, 207. obligations and rights resulting from a real treaty pass to Hie successor. 208.
but oonoral custom tor successor to renew them./;>. of treaties accomplished once for all and perfected, 208, 209. ol ttioso eccomplishod In part, PO&, ?t0.
personal alliance expires if one ol the parlies ceases to reign. 211. ol those in the!'' own nature personal, ?11. where concluded for defence of kino
and royal family, ib. when binding whore king deprived ol his crown, f'b. distinction when dethroned by rebels, Ib.
and lawfully dethroned, f'b. instances of louis '1th and king William, 212. obligation of a real alliance where the king is dellwonod, ib. Off/io dissolution and renewal oltreaties,
ib. expiiatlon of alliances made for a limited
tirno,?13.
ol the renewal of treaties, /b. of tt 10 tacit renewal of,?13.?1'l. how dissolved when violated by one ol
contracting parties, 214. violation of one treaty does not cancel
another, ib. w\ ien violation of pa't cancels the whole,
£15. is void by the deslruclion of one of the
contracting parlies. 21C. but no! by slate placing itself under
protection of another, ib. of treaties dissolved by mutual consent,
?17.
Of public conventions in nature of, 218, Sec Convention. when made by sovereigns, ib.
IREAIIES, (continued) ol those by subordinate powers, /b. ol treaties concluded by public person
not having sufficient power, 219. ol the agreement called Sponsio, ib. stale not bound thereby, ??0. eUcct ol, on promisor. Ib. sovereign, how lar bound by, 223. Of tho faith of treaties. ??9. what is sacred among nations. Ib. trealies are held sacred between
nations, ib. faith ol treaties is sacred, ib.
and he who violates them violates the law ol nations, ib. fight ol nations against violator, 230. violation of, by the popes, ?30. this abuse authorized by princes, 231. use of an oath in treaties, 23?. does not constitute the obligation, ib. or produce new obligations, ib. or change the nature of them, ib. It gives no pre-eminence to one treaty
above another. Ib.
cannot give lorce to a treaty invalid, 233 of asseverations. ?3?. violation of, disgraceful, ib. faith of treaties does not depend on the
difference of religion, ?33. precautions to bo observed in wording
of,233,
ol subterfuges in treaties, 234. an evidently false interpretation inconsistent with faith ol treaties, ib. laith tacitly pledged, ib. O/secwffes&i'vw) for observance or, 235. guaranty, what,/b. gives Ihoguaranloo no riohl to interfere,
/b.
nature of the obligation it imposes, 230. cannot impair the rigtits ol a third party,
ib.
duration of (lie guaranty, ib. of trealies with surely. ?37. of pawns, securities, end mortgages, f'b. right of nation over what sho holds as a
pledge, ?37.238, how obliged to restore it, 236. how she may appropriate it, Ib. ol hostages, ?38, ?39. Sec t tostage, Of tho interpretation of treaties. 244. necessity of establishing rules ol. /b-general observations herein. ?44, and
notes,
maxims respecting, f'b. 1 st, not allowable to interpret wtial has
no need of inter protalion, /b. 2d, if tie who could and ought to have
1RFA11ES, (continued)
explained hirnsell, end has not done It, it is to tils own detriment, ?45.
3d. neither of contracting parlies to interpret according to hi& own fancy, ib.
4th. what is sufficiently declared is to t>o token for true. 245. 246,
&th. interpretation ought to be made according to certain rules, 246,
faith of treaties lays an obliaalion to follow these rules. ?47.
general rule ol inter prela lion. ib.
should be conformable to common usaae,246,
how ancient treaties to bo Interpreted, ib.
of quibbles on words, 249.
rule lor avoiding of, ib.
menial reservations not allowed, f'b.
technical terms, how interpreted. 250,
of terms whoso signification admits of degrees, ib.
of figurative expression?;, ib.
of equivocal expressions, £51.
rule for latter oases, ib.
not necessary to give a term the same sense everywhere in the same deed, 25?.
absurd interpretations should bo rejected, f'b.
absurdity described, and instances, 'b,
interpretation rendering treaty void not lo be admitted, 253.
obscure expressions, how interpreted, 254.
interpretation founded on the connection of tlio discourse, ib.
or drawn from 11 }Q connection. 6.0., of tlt0 things themselves. 255.
to be founded on 11 ie reason of the deed, 256.
how, whore many reasons have concurred lo determine the will, 257.
what constitutes a sufficient reason for an act of the will. ib.
extensive Interpretation founded on the reason of the act, ib.
ol frauds tending lo elude laws and promises, 258.
of restrictive interpretations, 259,
use of, to evoid falling into absurdities. f'b,
or into wtial is unlawful, f'b.
or into what is too severe and burlhen-some, 200.
how it ought tc restrict tlio signification agreeably to the subject, ib.
1RE.A11ES, (continued)
Interpretation of, in unforseen cases. ?6?.
reasons arising froni the possibility end nol the exislence of the thing. ib.
where expressions capable of an extensive and a limited sense. ?G3.
of things favourable and tilings odious. ib.
favourable, wl ien tending to the common advantage, 264.
odious, when to the contrary, it).
so, of things useful to human society. ?65,
whatever contains a penalty is odious, ib.
so, whatever renders a deed void is odious. ?G5.
all tending to change the present slalo of things is favourable, ib.
the contrary is odious, ib.
interpretation of favourable things, ib.
rules respecting, ib.
1. utmost latitude to be Qivon to tenns used according to common usage, ib
2. terms of art to receive the fullest interpretation, 267.
3. but nol in an Improper signification, unless from necessity, 267.
4. signification to bo restricted, where leading to absurdity, ib.
5. to bo restricted whore equity Of a great common advantage requires it, ib.
interpretation of tilings odious, ib.
should be limited, 2G7, ?08.
examples, 266, 269.
how deeds of liberality should be interpreted. 270.
where a collision of laws and treaties,
ib. Gonoral rules respecting interpretation of
ib.
1. wlio'e bare permission Incompatible wIth/TOSC/ipf/Ofi-lalter preferred, 271.
2. treaty po/ni/f(//)o, to give way to lhal forbidding, ib.
3. so, Dial which ordains, to give way to that which fo^/ds. ib.
4. whore collision between two affirmative treaties, latter to bo prelerred, ib. whon otherwise, Ib.
5. of two laws or conventions, the less general preferred, 272.
6. treaty not admitting of delay, lo bo preferred lo that to be done at another time, P73,
7. of two competing duties, the most Important, &c., preferred, ib.
1RCA11CS. (continued) 6 of two promises, Ihe party promised lo Bled, 274. bul in case of doubt, promiser lo perform that In which most sironoly bound, /b.
9. treaty confirmed on oath lo bo preferred to one nol sworn to, ib. 10- treaty enjoined under a penalty, lo be preferred lo thal not enforced by ono. ib.
so, of that enjoined under a greater penally to that enforced by e lesser. ib.
1KEA11ES OF PEACE. 4:1?, Soo Peace.
IFHEtUIAFlY S1ATE:, Soc State, what, 3. fs a sovereign stale, 3.
1ROOPS.
right of levying, 294. enlistment of, 294, ?98.
1ftUCf:,ScoWar. what, 404.
does not terminate the war, ib. is partial or General, ;o-general truce for many years, ib. how concluded, ;"b. sovereign's fallh engaged in, 40C-whon truce begins to be obligatory, ib. publication of. ib.
subjects contravening llie truce,/b, viola I ion of. 407. stipulation of penally against infiactor
of. ib.
lime of Ihe t'uce. ib. effects of a truce, 408. what or not allowed during continuance
of, ib. rules respecting, 408, 409. 1. each parly may do at homo what llicy have a right to do in lime of peace, 109. ?. not to take advantage of tho truce in doing what hostilities would have prevented, Ib. as continuing II 10 works of a siege, ib. or repairing breaches, &c-, ib. distinctions herein, ib. asarmy retreating duringa suspension
of hostilities, ib. 3. nothing to bo ellempted in contested places, but every thing to be lell as it was, 411. but places quilled, 6.0,, by enemy may be possessed, ib.
^WCt..(cont^nuod)
subjects Inclined to revolt not to be received during the truce, ib. much less to be solicited to treason, ib persons or effects of enemy not to be seized during truce, ib. right of postliminium during a truce, ib. intercourse allowed during. lt>. of persons detained by insurmountable
difficulties after expiration of, 412, of adding particular conditions to truces,
ib.
at expiralion of war. renewed wllhoul fresh declaration, ib.
IRUIH,
wlien bound to speak it to an enemy, 373.
USUCAPTION, See Prescription. what, 167, and nole,
VAGRANT. Seo Country. who are vagrants, 103, those who have no settlements, ib. cliildren o(, have thorelote no country,
ib.
when country of vagrant that of child, ib. as wl >ere vagrant has not renounced his
natural setllement, ib.
VOLUNTARY LAW, what. Ixiv.. and nole.
founded on B presumed consent, Ixlv. maxim concerning use of, Ixvl.
VOLUNHE-RS, 401. SeoWar,
WAR. Definition of. ?91,
is public or private, ib.
defensive or offensive. ?93.
right of making, ?91.
belongs only to the sovereign power. 292,?93,
though sometimes otherwise, ?9?,
right of kings of England to make, 29?,
P93, and nole, Of tho instruments of war, 293.
whal deemed such. ib.
troops, officers, &c., ib.
arms. artillery, 6.0., Ib.
right of levying troops, 294.
belongs to the sovereign power, ib.
is one of the prerogatives of majesty. /b.
though right sometimes limited, ib.
obligations of citizens to serve and do-fend the state./b..
WAFl. (continued)
ol the enlistment or raising o( troops, ib. of the exemptions from carrying arms,
?95. wl 10 exempt, as magistrates.clergy, &c.,
?95,?96,
of soldiers' pay and quarters. 29G. of hospitals tor invalids, ib. of mercenary soldiers, £97. wl 10 ere such, ib.
possession of, how far lawful, ib. what observed in their enlistment, ?98. service o(. voluntary, Ib. must not be by stralegem or force, ib. of enlistment in foreign countries, ib. permission ol sovereign requisite. ?98. none but volunteers to be enlisted, ib. of enticing away subjects, ib. nature of crime and punishment, ib. when a cause tor declaring war, ib. of llio obligation ol soldiers, ?99. to lake oath of fidelity, ib. are not to desert the service, ib. punishment of deserters, ib. of solicitation to desert, 373, of military laws, ib. necessity of, in army, ib. military code of, what, ib. of military discipline, Ib. Importance ol, considered, ib. of subordinate poweis in war, /b. their authority, ib. extent and limit thereof, /b. promises of, how far binding on sovereign, 300.
when binding only on themselves, f'f>. of the assumption of power by. /b. their responsibility, /b. how they bind thoir interiors, 301. Of tho jusl causes of war, ib. should not bo undoitaken without very
cogont reasons, ib. Justificatory reasons and motives for
making. 302, explanation hereof, /b. what in general a jus! cause of war, ib. what unjust, ib. of tho object of war, /b. what motives requisite in undertaking
war,303.
proper motives, wtial, ib. vicious motives, what, Ib. ol war undertaken upon jusl grounds,
though motives vicious, /b. pretexts, what, 304. olwar undertaken merely for advantage,
fb. of nations making war without reason
or appareni motives, 305.
WAR, (continued)
are considered enemies to mankind, ib.
right of nations to punish thorn, ib.
how defensive war is just of unjust, ib.
nation has no righl lo defend en unjust war. 305,307,
her duly under such circumstances. 305.313,
how defence may become just, 305, 313,316.
offensive war, how far jusl in an evident cause. 305,
requisites to bo considered, 300, 1. a right to demand something of
another nation, 306,315, ?, the inability to oblan it otherwise than by force of arms, 30G, 315, 3?0.
In a doubtful cause, 30G.
when to be resorted to, ib.
war cannot be Just on both sides, Ib.
though sometimes reputed lawful. 30G, 3?0.
of war undertaken to punish a nation, 307.
should be founded on right and necessity, ib.
duly of nation at fault, ib.
aggrandizement of a neighbouring power, 308,
when no right to make war, /b.
when appearance of danger gives tho right, 309,
when other nations may chock ag-giandizemeni ot a stale, 310,311-
other allowable moans of defence against a formidable power, 311.
political equilibrium, what, 311, 31?.
ways of maintaining it, 312,
how he who destroys it may bo restrained. 312, 313.
behaviour allowable towards a neighbour
preparing lor war, 313. Of the declaration of war, 315,
o( the necessity thereof, ib.
what it should contain, ib.
Is simple or conditional, 316
right to make. ceases on offer of equitable conditions, ib.
formalities of, ib.
publication of, Ib.
necessity lioreol, ib.
defensive war requires no declaration, ib.
when may bo omitted in an offensive war. ib.
or against enemies' associates, 331.
not lo be omitted by way of retaliation, 317.
WAfl. (continued)
unnecessary at expiration of a truce,
412. should bo made where truce of long
duralfon. ib.
lime of declaration ofwar. 317. noed not bo till army has reached the
(ronliets, ib. of has entered Ihe enom/s leiritorios,
ib.
must precodo acts of hostility, ib. Duty of inhabitents on entry of foreign amiy before declaration, ib. commencement of hostilities, ib. conduct to be pursued towards subjects of enemy in country at time of
declaration. 318,
freedom of persons and property, ib. time allowed lof dcparlu»e. ib. extension of thal time, when, ib. when to be tiealod as enemies, ib. Publication oftlie wnr and manifestoes. ib. necessity for. among neutrals, ib. how published, 319. manifestoes, what, ib. what they should contain, ib. decotum and moderation to bo observed
In, ib.
Of lawful war In due form, ib. requisites o(, ib. by whom to be made, ib. also termed a regular war. 320, how far noticed in courts of justice, 3?0
in note. distinctions between lawful and un-
lawlul war, 320.
between unlawful and informal, ib. grounds of dislinclion, 320, 321. Of the enemy, and things belonging fo him ib. Sec Fnemy. 01 neutrality, 32?. See Neutrality. Oftlio rights of nations in war, 346, end note. general principles o(, 346. diflerertco between what may bo done
of right, and what merely allowed,
34G. the right lo weaken an enemy by every
Justifiable method, 347. 353, 364. tho right over the enem/s person, 347. orioin and limitation of this right, ib. of Giving quarter, and the offer to capitulate, 348. enemy not lo be killed, after ceasing to
resist, 348, 350, 354-case when quarter may be refused. 348,
301. enemy viotaling the laws ol war, 346.
350,354,361.
WAR, (continued) of tlio governor of e town making en
obstinale defence. 349, 350. Reprisals, what. 346. See Reprisal, a system of retaliation, 348. examples of, 3-19, and note-what prisoners not to be the subject of,
349,350,
fugitives and deserters. 351, when may bo put to death, ib. of the clemency to bo shown to thorn.
ib.
capitulalion with respect to, ib. Women, children, aged. and tlio sick. ib. not to be put to death, ib. unless guilty of acts ol hostility. 35?. Clergymen, men of /otters, &c., ib. also exempted tiom death, ib. when note, ib. peasants and those not carrying afms,
35?.353-likewise exempt, ib. their freedom in general, ib. whon may have restraints imposed on
them, 353.
Of prisoners ofwer, ib. Sw Prisoner. right ol making, ib. its object, ib.
not to be put to dealli, 348. 354,355. tieatment of. 354, and note. of prisoners who cannot be led. 355, of condemning them to slavery. 356. exchange and ransom of, 357. Seo
Ransom, ob)ecl of, 357. when It takes place, /b. how regulated in general, ib. when exchange may be refused, f'b. of providing liberty of. in treaty, ib. right of nation to prohibit ransom of,
357.358. o/ essessinoling and poisoning of, 358 to
3GO.
meaning of assassination. 359. is contrary to the law ol naluie. 3GO,
361. guilt of sovereign resorting thereto.
361.
how punished, ib. use ol poison not to bo adopted by
way ol reprisal, 3GO. Of the figfil of war with regard lo tilings belonging to the enemy. 364. Seo Enemy.
Of the sovereign who wages an unjust war, 378.
an unjust war gives no right, ib. guilt of him who undertakes it. 376,379. his obligations. 379.
WAR. (continued) Of tlio effects of a regularwar. 301. Is bound lo make reparation, Ib. nations not rigidly to enforce Hie law ol
nature against each oilier. Ib. should observe tl ie voluntary law of, 38? reason lor this, ib. regular war, its effects, ib. whatever porrriilled lo one parly, is so
to the other. 38?, 383. effect of the voluntary law in an unjust
war, 363,
Of acquisitions by war. 384. war, whon a lawful mode of acquisition.
ib. conditions necessary to render it just,
384,385. every acquisition in regular, valid, 365.
and tins though war unjust, f'b. exception In case of war destitute of any
plausible pretext, 385. acquisition of movable properly, 385,
In note.
of maritime captures, ib. title to, when complete, /b-law as to. in England, /b. acquisitor of immovables on conquest,
38G.
to whom they belong, ib. when title therelo complete, /b. how lo transfer them validly, 387,395, conditions on which a conquered town
is acquired, 387. such rights only acquired as belonged
lo llio conquered sovereign, /b. lands of private persons, 388. formerly subject to the right of conquest.
/b. such right now confined lo public
property, /b-
conquest of the whole state, »'b. treatment of the conquered slate. 388.
&c., and nole, to whom the conquest belongs, 391,
3G5, and note.
the nation entitled thereto, 391, nature of the sovereign's right thereto
391. 3&5. and note. of liberating a people whom the enemy
have unjustly conquered. 391. whon undor an obligation to do so, 339,
end note. Of tlio right of postliminium. 393. Soo Jus
Postliminium.
Of the rights of private persons in war, 399 subjects cannot commit hostilities without the sovereign's order, ib. nature of that order, /b,
WAR. (conlinuod)
necessity for. and why adopted, 399, 400,
precise meaning of order, 400, and note,
how interpreted, 400,
what private persons may undertake presuming on the sovereign's wilt ib.
of privatoors. ib.
nature of their rights, -100, 401.
of volunteers. 401.
their treatment, ib.
what soldiers and subalterns may do, 401,40?,
obligation of stale to indemnify subjects for damages sustained in war. 40? 403, and note.
distinction herein, ib.
duly of state In Ihis respect, 403, and
note. Of conventions made during war, 404.
Seolruce,
of Ifuce and suspension of arms, ib.
distinction between, ib.
does not terminate the war, ib.
e truce is either partial or general, ib.
of e general truce for many years, ib.
how concluded, ib.
sovereign's faith engaged in, 40G.
wtion truce begins to be obligatory, ib.
publication of. ib.
subjects contravening of. ib.
tfuce not thereby broken, ib.
punishment of delinquents, 400. 407.
violation of, 407.
its dissolution by breach of one of contracting parlies, ib.
stipulation of penally against fnftaclof of, 407.
time of the truce, ib.
necessity of specifying, 407. 408-
how construed in the absence of such specification, 406.
general ellecis of a truce, ib.
what, or not allowed during continuance of it, ib.
rules respecting, 409, Soo Iruce, Of capitulations. 41?,
by wt iom to be concluded. 41 ?, 413.
clauses thereof, 413,
necessity for their observance, 414.
promises made to the enemy by individuals are binding, 414. 371. 37?.
instances. 415.
duly of sovereign to see them fulfilled, 414,
as to contracts in favour of alien enemies, 414, note.
WAR, (continued)
as to promises of ransom. 414. Soo
Hansom.
of conventions (elatino lo ransom, 419, 420. Soo Ransom.
WAYS, 43, SCG F'ublte Ways.
WHALF FISHERY. customary law respecting, Ixiv. note.
wins,
validity o(, how decided, 167,
how construed in England, 167, note.
prisoner of war may make, 396.
WORSHIP. Seo R&ligion, wfiat, 46.
is either public or private, 61. of tho establishment of, 56, 59, 60. how destroyed, 61.
of attendance at public worship, ib. how far enjoined by religion, f'b,
WRECKS.
of the right thereto, 130. and note. in what cases allowed, ib. only whore owner cannot bo found, ib. lo whom they belong, ib.
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