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567; difference between the Russian declaration and those of the Allies, as
to the penalty of carrying, 573, a; not usually prohibited by neutrals to their
own subjects to engage in, at their peril, 572, a.
Contract. Distinction between the rule of decision and rule of proceeding in
cases of, 202; with the enemy, prohibited, 392.
Conventional law as to free ships free goods, 508.
Conventions, transitory, perpetual in their nature, 332; applied to treaty of 1783,
with Great Britain, 333..
Convoy, right of belligerents to visit a neutral ship under, of a ship of war of its
own nation, 588; treaties of armed neutrality, respecting, 590; how regu-
lated by maritime convention between Russia and England, 591 ; treaties of
United States with various powers on the subject of, 591, a; neutral ves-
sels under enemy's, lxxi., 594 ; discussions with Denmark respecting, 594,
Crampton, Mr. Correspondence with Secretary Marcy, 435, a; despatch to Lord
Cracow, how far an independent State, 46; neutrality of, 487; annexed to Aus-
tria, 46, note.
Cranch's Reports, 30, 53, 139, 153, 207, 235, 306, a, 308, a, 369, 371, a, 379, 385,
389, 407, 409, 413, 415, 508, 442, 448, 455, 456, 592, 604, 605, xxxvii.,
Criminals, extradition of. See Extradition.
Criminal sentence, extra-territorial operation of, 181.
Crittenden. Correspondence with French and English Ministers respecting
Cuba, 88, a.
Cuba, intervention of England and France respecting, 88, a; tripartite conven-
tion proposed, 89, a; correspondence on the affairs of, between the Ameri-
can Secretary of State and British and French Ministers, 88, a, 92, a, clxx.;
instructions to American Ministers to Spain respecting, 672, a; to Mr. Bu-
chanan, at London, clxxiii.; report of Messrs. Buchanan, Mason, and Soulé
to the Secretary of State on the subject of, 685, a; Secretary Marcy to Mr.
Soulé, in reference to, 690, a.
Cumberland. De Legibus Naturæ, 5.
Cushing. Translation of Pothier on Maritime Contracts, lvii.; negotiator of treaty
with China, cxxxvi. ; Attorney-General, opinion on the treaty respecting
the trade with the British Provinces, 79, a; opinion on the extradition trea-
ties, 183, a ; letter to Secretary Marcy on marriages, by consuls in foreign
countries, 305, a.
Cussy, De. Réglements Consulaires, 307, a.
Dallas's Reports, 365, 380, 442, 494, 307, a, 442, 455, 532, 612, a, xxxv., xxxvi.
Dalloz. Dictionaire de Jurisprudence, 306, a, 307, a, 310, a.
Debls, public, effect on, of a change in the vernment of the State, 36; due to
an enemy, 379.
Denmark. Sovereignty over the Sound and Belts, 242; convention of 1841,
with Great Britain, as to Sound dues, 244; discussions with the United
States respecting, 244, a; law of, on recaptures, 452; claims on, for spolia-
tions, lxviii. ; treaty of indemnity, lxxiv., 603, a; controversy respecting
Schleswig-Holstein and the succession of the crown of, 72, a; claim of the
representatives of Paul Jones on, cxxxiv.
· Despatches, transportation of, in enemy's service, 562; excepted from immunity
to neutral commerce, 567, a; whether prohibition applicable to general mer-
chant vessels and postal steamers, 572, a ; not applicable to neutral vessels
carrying," from a minister in a neutral country to his government, 300.
Detraction, Droit de, 117; subjects of German Confederacy exempt from, in mor-
ing from one State to another, 63.
Diet, Federal, 59; its powers, 60.
Diplomatic history, 355.
Diplomatic and consular system of the United States, 634, a.
Diplomatic privileges, discussion respecting, between American and Prussian
governments, 287; with France, 693, a.
Discovery, rights of, 218.
Divorces, foreign, 207; English rule respecting, 208; decision on a divorce in
Rome, where marriage and domicile of parties were in America, 208, a;
American rule, 208.
Dodson's Admiralty Reports, 159, 186, 191, 192, 193, 235, 414, 431, 453, 456,
Domain, public, effect on, of a change in the government of the State, 42, 217.
Domain, eminent, its nature, 217.
Domicile, species of residence constituting, 394; persons domiciled in the enemy's
country liable to reprisal, 392; return of native character, 396; case of per-
sons removing from enemy's country on the breaking out of war, 399; deci-
sion of American courts in such cases, 400, 407, a; merchants residing in
the East, 407; house of trade in the enemy's country, 408; converse of the
rule, 409; produce of the enemy's country considered as hostile so long as it
belongs to the owner of the soil, whatever his national character and personal
Dow's Parliamentary Cases, 208, 309, a.
Droit des Gens. Whether term applicable to rules of conduct between States, 17.
Droit International. Propriety of the term discussed, 19.
Du Cange, Glossarium Medii Ævi, 118.
Dumont. Corps Universel Diplomatique du Droit des Gens, 356, 510.
Dupin. Collection des Requisitoires, 156.
Duponçeau. Translation of Bynkershoek, 180, 184, 362, 392, 458; notice by, of
Wheaton's Reports and of Wheaton on Captures, xlv.
Edinburgh Review, cxlviii., 5, 25, 88, 160, 240, 332, 431, 390, a, 564, a, 575, a.
Edwards's Admiralty Reports, 379, 142, 453, 454, 585.
Eggers, Leben Von Bernstorf, 490
Egypt. Its relations to the Porte, 51; treaty between Austria, Great Britain,
Prussia, and Russia, with the Ottoman Porte, in relation to, 51.
Eldon, Lord, 198.
Elgin, Lord. Treaty concluded with Secretary Marcy, 238, a.
Elliot. American diplomatic code, 119, 233, 237, 603.
Embargo, previous to declaration of hostilities, 363.
Emerigon des Assurances, 141, 449, 450, 451, 620.
Enemy, trade with the, unlawful on the part of the subjects of the belligerent
State, 381; decisions of the American courts as to trading with the public,
385 ; how affected by the ordinances of the belligerents in the present war,
389, a; trade with the common, unlawful on the part of allied subjects, 390 ;
contracts with the, prohibited, 392 ; debts due to the, 379 ; persons domi-
ciled in the country of the, liable to reprisals, 392; cases of persons remov-
ing from the country of the, on the breaking out of war, 399; decisions of
American courts on the same, 400, 407, a; house of trade in the country of
the, 408; converse of the rule, 409; produce of the soil of the, continuing
property of original owner considered hostile, 409; rights of war against
the, 416; limits to the rights of war against the person of the, 416; ex-
change of prisoners of war, 417; persons exempt from acts of hostility, 419;
ravaging the territory of the, when lawful, 420; discussions between the
English and American governments on the subject, during the late war, 421 ;
good faith towards the, 470; licenses to trade with the, xx., xxi., 475.
English Law and Equity Reports, 208.
Enlisting troops in neutral territory illegal, 499.
Enlistment act, foreign, British, 109, 500; American, 500.
Equipping vessels in neutral ports illegal, 499.
Equality, rights of, 210; natural, of States modified by compact and usage,
210; royal honors, 210; precedence among princes and States enjoying
royal honors, 210; the great republics, 211; usage of the alternat, 212;
language used in diplomatic intercourse, 213; titles of sovereign princes and
States, 214; maritime ceremonials, 215.
Etiquette, diplomatic, 283.
Everell, A. H. Review of the Elements of International Law, cxlvi.; despatch
to Mr. Clay respecting British designs on Cuba, 676, a.
Everett, Edward. Review of Wheaton on the Science of Public or International
Law, lviii.; letter of, to Mr. Wheaton, respecting the Zollverein Treaty, civ.;
views of, as to the annexation of Texas, 36, a; correspondence with the Bri-
tish and French Ministers, with respect to Cuba, 91, a.
Expatriation, right of, xxix., 122, a, 129, a, 637, a.
Extradition of criminals, 176, cxv.; treaties of, with England, 177; with France,
178; between France and England, 179, a; United States and Prussia, and
other German powers, cxv., 180, a; treaties not applicable to political or
local crimes, 179; differences between treaties with the German States and
with England and France, 180, a; act of Congress to carry treaties into
effect, 181, a; decision of Supreme Court respecting, 182, a; opinion of
Cushing, Attorney-General, 183, a ; act of Parliament respecting, 183, a.
Extra-territoriality. How far laws, relating to the state and capacity of persons,
operate extra-territorially, 121, 208, a, of bankrupt laws, 199, a; of foreign
ministers, 284, 306, a; of Christians in Mobammedan or Pagan countries,
Federal Union. Distinction between system of confederated States and com-
positive State, 58.
Ferguson, report of, decisions in the Consistorial Courts of Scotland, 208.
Fishery, right of, 236 ; controversy between the American and English govern-
ments respecting the right of, on the coast of British North America,
claimed under the treaty of 1783, 334, 238, a; convention of 1818, as to, 236 ;
discussions respecting, in 1823, 334, 238, a; Marcy's treaty, 1854, respecting,
Fælix, Droit International Privé, 19, a, 112, 113, 116, 117, 119, 120, 122, a, 138,
142, 143, 152, a, 175, 183, 201, 205, 206, 207, 281, 284, 286, 4, 296, 305,
307, a; Perte Collective de la Qualité de François, 632, a.
Flassan, Histoire de la Diplomatie Française, 107, 345, 475, 509, 510, 512.
Flynn's British Consuls, 307, a.
Foreigners, extent of judicial power of a State over, dependent on municipal
regulations, 200; law of England, France, and America, respecting, 200. See
Forsyth, Mr. Instructions to Mr. Dallas, 228; to Mr. Stevenson, 238, a; to Mr.
Wheaton, Ixxxviii., xcii ; to Mr. Vail, respecting Cuba, 679, a.
France, revolutionary wars of, 94; revolutions of 1830 and 1848, their charac-
ter, clxvii.; American recognition of the Imperial Government, 276, a;
intervention of England and, between Piedmont and Austria, clxvii.; inter-
vention of the same powers in the case of the Sicilians, clxix. ; in the affairs
of the Germanic Confederacy, clxx.; in reference to Cuba, clxx.; inter-
vention of, in the affairs of Rome, cxlix.; party to treaty of 1841, but not of
1840, in reference to the Ottoman Porte, cxlv.; party to present controversy
between Russia and Turkey, clxxvi., 21, a; no proceeding can be taken
against the property of a foreign sovereign ir, 152, a; nature of the war of
1798 by United States against, xviž., 612, a; Berlin and Milan decrees of,
xix.; claims against, by United States, for spoliations, xviii., 612, a; conven-
tion for the purchase of Louisiana, xix., 614, a; convention, consular, with
the United States, 167, a; law of, as to the exemption of private vessels from
the local jurisdiction, 154; law of, as to the extent of judicial power over
foreigners residing in the territory, 201 ; law of, as to the conclusiveness of
foreign judgments in personal actions, 205; law of, as to recaptures, 449; law
of, as to marriages contracted in foreign countries, 142; systems of law pre-
vailing in, before the codes, xvi.; constitution of, as to treaty-making power,
Franks, jurisdiction over, by ministers and consuls of Christian powers in Turkey
and the East, 21, a, 134, a, 312, a; clxxvii.
Franklin's Works, 431.
Full power, 319; how far the obligation exists to ratify treaty concluded under,
Gaius, Fragments of the Institutes of, 318.
Galiani, Dei Doveri dei Principi Neutrali in Tempo di Guerra, 234, 558, 588.
Gallatin, Mr., to Secretary of State, on impressment, 165, a, 237, a; on mari-
time questions, 535, a; respecting the British designs on Cuba, 675, a,
Garden. Traité Complet de Diplomatie, 35, a, 106, a, 234, a, 305, a, 508, a. .
Germanic Confederation, 59; internal sovereignty of the States of, 64; external
sovereignty, 65 ; distinction between the States that have possessions with-
out the limits of the, and those which have not, 63 ; nature of the, 67 ; act
of Diet of 1832, as to the relations between the princes and local legis-
latures, 67 ; of the Diet of 1834, providing a federal tribunal to settle dif-
ferences between the States and their sovereigns, 69; empire of, 1848,
71, a; constitution, 71, a; Archduke John, regent, 71, a; Austria refused to
join, 72, a; King of Prussia declined to be Emperor of Germany, 72, a;
difficulty with Denmark as to Schleswig-Holstein, 73, a; old Diet of the,
restored, 73, a.
Goods, enemy's, in neutral vessels, 504; of a friend in enemy's ship, 504 ;
conventional law as to free ships free goods, 508; adopted in numerous
treaties, 511; by armed neutrality of 1780, 511 ; of 1800, 513; discussions
between American and Prussian governments respecting, 517; maxims free
ships free goods, enemy ship enemy goods, not necessarily connected, 507;
right of neutral to carry his, on board of an armed enemy vessel, 593 ;
rules adopted in the present war by the belligerents, 538, a; treaty with
Russia respecting, 543, a.
Grant, Sir William, opinion of, 24.
Greeks, intervention of the Christian powers of Europe in favor of, 100.
Greenhow. History of Oregon and California, 221, 226, 228.
Green's Reports, 307, a.
Grenville, Lord. Speech on Swedish convoy case, 591.
Grotius. System, 30; distinction between systems of Grotius and Wolf, 11; De
Jure Belli ac Pacis, 2, 4, 16, 27, 28, 31, 41, 43, 159, 176, 218, 234, 246, 253,
254, 260, 284, 286, 290, 294, 300, 301, 318, 319, 329, 346, 354, 365, 367,
393, 416, 436, 438, 461, 470, 471, 472, 475, 480, 492, 504, 544, 608, 611,
Guaranty, treaties of, 343.
Guizot, M., to General Cass, cxxi.
Habreu, d'. Sobre las Prisas, 493.
Haggard's Admiralty Reports, cxxx., 396, a, 437, a.
Haggard's Consistory Reports, 142, 308, a, 309, a, 311, a, 313, a.
Hamilton. Letters of Camillus, 367.
Hammond's letters to Jefferson, 554.
Hanover, treaties with, 119, a, 244, a, xcvii., clxxxiii.
Hansard's Parliamentary Reports, 74, a, 180, a, 426, xcvi.
Hautefeuille. Droits des Nations Neutres, 188, a, 234, a, 371, a, lxxiv., 432, a,
439, a, 450, a, 452, a, 535, a, 537, a, 563, a, 567, a, 586, a, 587, a, 593, a,
Heffler, system of, 14; Das Euröpaïsche Völkerrecht, 16, 30, 41, 44, 45, 51, 55,
210, 212, 217, 253, 275, 318, 326 ; reviewed by Wheaton, cliii.
Heineccius. Prælectiones in Grot. 176, 631, a; de Navibus, ob. vect. 504.