International Law Part 66

Truce. _See_ Flags of Truce.

Turkey, recognition of, 44; suzerainty of, 53; application of balance of power to, 83; policy as to territory of, 91, 92; portion of, ceded to Roumania, 100; treaty of, with Russia as to Bosphorus, etc., 110; convention of, as to Suez Ca.n.a.l, 111; letters of minister to, 163.

Uniform of enemy, use of, 252.

United States, agrees to the Treaty of Paris, 33; diplomatic papers of, 34; recognition of other countries by, 44-49; suzerainty of, over Indians, 53; intervention of, in case of Venezuela, 78; Cuba, 85; att.i.tude of, as to the Monroe Doctrine, 93; extinguishment of Indian t.i.tle by, 99; cession of "Horse-shoe Reef" to, by Great Britain, 100; sale of Alaska, Louisiana, and the Philippines to, 101; territory of, formed by alluvium, 102; claim of, to jurisdiction over Chesapeake and Delaware bays, 108; att.i.tude of, as to sound dues, 109; Dardanelles, 110; Bering Sea, 113, 116, 117; jurisdiction of, over foreign-born subjects, 122-124; as to marriage, 125; laws of, as to naturalization, 125-130; att.i.tude of, as to Koszta, 129, 130; jurisdiction of, over aliens, 131; courts of consuls of, 140, 141; att.i.tude of, as to diplomatic agents, 178 _et seq._; diplomatic practice of, 183-186; French language used in treaties of, 206; making and ratification of treaties of, 207-209; termination of treaty of, with Spain, 215; att.i.tude of, as to embargo of 1807, 222; naval war code of, 222, 400; vessels of, during war with Spain, 222; att.i.tude of, as to, blockade of Crete, 223, 224; Spanish vessels during war with Spain, 246; Declaration of Paris during war with Spain, 247, 255, 302; volunteer navy of, 256; destruction of vessels by, in War of 1812, 259; att.i.tude of, as to ransom, 259; salvage, 260, 261; practice of, as to exchange of prisoners, 263; guaranty by, of neutrality of trans-isthmian ca.n.a.l, 279; neutrality laws of, 283, 296, 417; att.i.tude of, as to Alabama case, 297; treaties of, as to free s.h.i.+ps making free goods, 300 _et seq._; articles enumerated by, as contraband of war, 304 _et seq._; att.i.tude of, as to convoy, 313; blockade, 319, 320; continuous voyages, 322; practice of, as to prize courts, 325 _et seq._; repeal by, of law as to prize money, 327.

Unneutral service, what it is, 308-310.

_Uti possidetis_, Doctrine of, 273, 274.

Utrecht, Peace of, as an epoch in international law, 21 _et seq._, 77, 206.

Venezuela, boundary line of, 78.

Verona, Congress of, 77, 91.

Vessels, cla.s.ses of, 117; nationality of, how determined, 117; jurisdiction over, 117-121; status of, at sea, 245 _et seq._; in port at outbreak of hostilities, 246; voluntary and auxiliary navy, 255-257; capture and ransom of, 257-258; postliminium, 260-262; cartel, 265; in case of neutral relations between states and individuals, 298-328; visit and search of, 310-343.

_See_ Privateering, Right of Asylum.

Vienna, Congress of, settling of court precedence by, 89; determination of rank of state agents by, 155 _et seq._; language used in, 206; as to neutralization, 278, 279.

Visit and search, right of, 310, 311; object of, 311; method of, 311, 312; seizure in case of, 312, 313.

Volunteer and auxiliary navy of, Prussia, 255, 256; Greece, 256; Russia, 256; Great Britain, 256; United States, 256.

War, definition of, 229; commencement of, 229, 230; declaration of, 231, 232; object of, 232, 233; general effects of, 233, 234; persons affected by, 235; combatants in, 235-237; non-combatants in, 237, 238; public property of the enemy in, 239, 240; real property of enemy subjects in, 240, 244; personal property of enemy subjects in, 241-244; vessels, 245, 246; goods, 247; submarine telegraphic cables, 248, 249; belligerent occupation during, 250-252; forbidden methods in, 252-254; privateers in, 254, 255; voluntary and auxiliary navy in, 255, 257; capture and ransom in, 257-259; postliminium in, 260-262; prisoners and their treatment in, 262-264; non-hostile relations of belligerents in, 264-269; methods of termination of, 270-274.

Warlike expedition, what is a, 289.

Was.h.i.+ngton, President, att.i.tude of, as to neutrality, 282.

Waters, as affecting jurisdiction, 102 _et seq._

Webster, Daniel, views of, in case of the "Caroline," 435.

Westphalia, Peace of, as an epoch in international law, 19.

Wisby, laws of. _See_ Sea Laws.

Women, nationality of, 125.

Works of art, exemption of, 239, 247.

Writers, upon international law, 24-28, 33, 34.

FOOTNOTES:

[1] Hall, Introductory chapter.

[2] Dicey, "Conflict of Laws," English, with notes of American cases, by J. B. Moore.

[3] Wheaton's "International Law," translated and made a textbook for Chinese officials in 1864.

[4] "Inst.," I., 1, 1.

[5] "De Jure Belli," Bk. I., Ch. I., -- 10.

[6] I. "Political Ethics," 2d ed., p. 68.

[7] Maine, "Ancient Law," Ch. IV.

[8] "Inst.," I., 2, 1.

[9] "Inst.," I., 2, 2.

[10] Heffter, "Volkerrecht," -- 2.]

[11] Cicero, "De Republica," 2. 17.

[12] _Droit international_ is the French term, subsequently adopted.

[13] Last hostages given in Europe 1748, by England to France.

[14] "Lectures on Jurisprudence," I.

[15] Walker, "Science of International Law," Chs. I. and II., fully discusses Austin's definition.

[16] Bluntschli, "Volkerrecht," Introduction; Lawrence, -- 20.

[17] Walker, "Science of International Law," Ch. III., p. 58. "But when, beside the vague and fleeting World Law, the law of all humanity, was recognized a law special to certain peoples, when the distinction was drawn between the progressive and the stationary, between civilization and barbarity, when the Greek noted [Greek] ta nomima ton h.e.l.lenon, and the Roman felt the ties of a particular _Jus Fetiale_ and a particular _Jus Belli_, International Law cast off its swaddling bands, and began its walk on earth."

[18] Cicero, "Pro Lege Manilia," Ch. XIII.

[19] Justinian Digest, 14. 2, "If goods are thrown overboard to lighten the s.h.i.+p, as this is done for the sake of all, the loss shall be made good by a contribution of all."

[20] Bluntschli, "Volkerrecht," Introduction; Thucydides, "Peloponnesian War," II., 12, 22, 29.

[21] The Amphyetionic League recognized some principles of interstate right and comity, as well as preserved Grecian inst.i.tutions and religious traditions. This is shown in the oath of the members, "We will not destroy any Amphyctionic town nor cut it off from running water, in war or peace; if any one shall do this, we will march against him and destroy his city. If any one shall plunder the property of the G.o.d, or shall be cognizant thereof, or shall take treacherous counsel against the things in his temple at Delphi, we will punish him with foot and hand and voice, and by every means in our power." They also agreed to make and observe humane rules of warfare. See also Bluntschli, "Volkerrecht,"

Introduction.

[22] Maine, "Ancient Law," Ch. III. The idea as to what _jus gentium_ was, of course varied with times. Under the Empire it lost its old meaning. See Cicero, "De Officiis," III., 17; Livy, VI., 17; IX., 11; I., 14; V., 36; Sall.u.s.t, "Bell. Jug.," XXII.; Tacitus, "Ann.," 1, 42; "Quintus Curtius," IV., 11, 17.

[23] Bryce, "Holy Roman Empire," Ch. VII.