А TREATISE ON THE LAW OF WAR. Translated from the original Latin of BEING THE FIRST BOOK OF HIS QUÆSTIONES JURIS PUBLICI. WITH NOTES, BY PETER STEPHEN DU PONCEAU, of America. Ne fortior omnia possit. Ovid. PHILADELPHIA: Chipman, Middlebury, (Vt.) 1810. District of Pennsylvania, to wit: BE IT REMEMBERED, 'That on the eighth day of Seal. October, in the thirty fifth year of the Independence of the United States of America, A. D. 1810, Farrand and Nicholas, of the said district, have deposited in this office the title of a book, the right whereof they claim as proprietors in the words following, to wit: “A Treatise on the Law of War. Translated from the original Latin of Cornelias Van Bynkershoek. Being the first book of Ovid.” In conformity to the act of the congress of the United States, intituled, "An act for the encouragement of learning, by securing the copies of maps, charts and books, to the authors and proprietors of such copies, during the times therein mentioned.” And also to the act, entitled "An act supplementary to an act, entitled "An act for the encouragement of learning, by securing the copies of maps, charts, and books, to the authors and proprietors of such copies, during the time therein mentioned," and extending the benefits thereof to the arts of designing, engraving, and etching historical and other prints." D. CALDWELL, TABLE OF CONTENTS. Page PREFACE An account of the life and writings of the author xiji A brief alphabetical notice of the several writers and works on the civil law and the law of nations, not generally known, and which are quoted or referred to in this book xxiii A table of American and English cases, cited or referred to in the notes xxxi Table of reference, to enable the reader to find the passages quoted from the text of the civil law xxxiii CHAPTER I. Of War in general. CHAPTER II. Of a declaration of war 6 CHAPTER III. Of War, considered as between enemies 18 CHAPTER IV. Of the capture of movable property, and particularly of ships 27 CHAPTER V. Of the recapture of movable property 36 CHAPTER VI. Of the possession of immovables taken in war 45 CHAPTER VII. Of the confiscation of the enemy's actions and credits . 51 CHAPTER VIII. Of hostilities in a neutral port or territory CHAPTER IX. Of Neutrality 66 CHAPTER X. Of Contraband 74 CHAPTER XI. Of Trade with blockaded and besieged places. 82 fa 58 Page Of the mixture of lawful with contraband goods Of neutral goods found on board of the ships of enemies . 100 Of enemy's goods found on board of neutral ships Of the right of Postliminy on neutral territory Of the right of Postliminy, as applied to cities and states 122 Of the responsibility of owners of privateers Of captures made by vessels not commissioned Of insuring enemy's property.. Of enlisting men in foreign countries, and incidentally, of Of the right of the several provinces of the United Nether- lands, to declare and make war |