A Digest of the International Law of the United States: Taken from Documents Issued by Presidents and Secretaries of State, and from Decisions of Federal Courts and Opinions of Attorneys-general, 1. köide

Front Cover
Francis Wharton
U.S. Government Printing Office, 1887
 

Contents

WHEN HARM IS DONE BY ORDER OF FOREIGY SOVEREIGN SUCH SOVEREIGN IS THE ACCOUNTABLE PARTY 21
64
TERRITORIAL BOUNDARIES DETERMINED BY POLITICAL NOT JUDICIAL ACTION 22
68
CHAPTER II
70
II
74
STRAITS 29
77
RIVERS 30
81
LAKES AND INLAND SEAS 31
99
MARGINAL BELT OF SEA 32
100
CONTINGENT FUND AND SECRET SERVICE MONEY
108
SELFCONSTITUTED MISSIONS ILLEGAL
109
PRESENTS NOT ALLOWED
110
ELIGIBILITY OF
113
APPOINTMENT AND QUALIFYING OF
114
EXEQUATUR
115
DISMISSAL
116
SHIP NATIONALIZED BY FLAG 33
117
VICECONSULS AND CONSULAR AGENTS
118
NOT TO TAKE PART IN POLITICS
119
PRIVILEGE AS TO PROCESS
120
OTHER PRIVILEGES
121
RIGHT TO GIVE ASYLUM AND PROTECTION
122
CRIMES AT SEA SUBJECT TO COUNTRY OF FLAG
123
PORT JURISDICTION OF SEAMEN AND SHIPPING
124
JUDICIAL FUNCTIONS IN SEMICIVILIZED LANDS
125
PORTS OPEN TO ALL NATIONS 34
127
MERCHANT VESSELS SUBJECT TO POLICE LAW OF PORT 35
128
CRIMES ON SUCH VESSELS HOW FAR SUBJECT TO PORT LAWS
130
RATIFICATION AND APPROVAL 1 As to treaty making power
131
WHEN TREATY GOES INTO EFFECT
132
CONSTRUCTION AND INTERPRETATION
133
FAVORED NATION
134
EFFECT OF
135
NOT SO AS TO PUBLIC SHIPS 36
136
EFFECT OF
137
TREATIES WHEN CONSTITUTIONAL ARE THE SUPREME LAW OF the land but MAY BE MUNICIPALLY MODIFIED BY SUBSEQUENT L...
138
JUDICIARY CANNOT CONTROL EXECUTIVE IN TREATY MAKING
139
OPPRESSIVE PORT EXACTIONS 37
140
ARMING MERCHANT VESSELS 39
167
NEUTRALIZED WATERS 40
169
CHAPTER III
171
facie proof of abandonment
179
TERRITORIAL CHANGE
187
DOMICIL
198
CORPORATIONS
207
5 Mediation 49
211
WITHDRAWAL OF DIPLOMATIC RELATIONS 317
212
WHO MAY CLAIM
215
c Reprisals in war of 1812 3486
220
6 Necessity as where marauders can be checked only by such intervention 50
221
a Amelia Island
222
b Pensacola and Florida posts 50b c Steamboat Caroline
227
d Greytown 50d e Border raiders
229
CLAIMS BASED ON DENIAL OR UNDUE DISCRIMINATION OF JUSTICE
230
7 Explorations in barbarous lands e g the Congo 51
234
LIABILITY FOR PRIOR GOVERNMENT
236
8 Intercession in extreme cases of political offenders 52
237
2 AustriaHungary 141
240
10 Good offices for missionaries abroad 54
242
8 No national discrimination as to claimant
244
11 Good offices for persecuted Jews 55
249
SPECIAL APPLICATIONS OF DOCTRINE 1 Mexico 58
300
NORTHEAST ATLANTIC FISHERIES
301
TITLE IN INTERNATIONAL
310
RETORSION AND REPRISAL
318
AS A BELLIGERENT right
325
VIII
331
APPLICATION OF TO ENEMYS PROPERTY
338
2 Peru 59
340
WHO ARE ENTITLED TO BELLIGERENT RIGHTS
350
WHAT ESSENTIAL
359
3 Cuba 60
362
DUTY OF NEUTRAL AS TO BLOCKADE RUNNING
365
CHAPTER XXI
386
RESTRICTIONS OF NEUTRAL
395
ligence
401
4 San Domingo and Hayti 61
413
5 Danish West Indies
416
Sandwich Islands 62
417
7 Samoa Caroline and other Pacific Islands 63
436
8 Corca 64
443
10 Liberia 66
445
11 China 67
447
6 China 144
469
12 Japan 68
492
7 Colombia and New Granada 145
501
RECOGNITION OF BELLIGERENCY 69
511
RECOGNITION OF SOVEREIGNTY 70
523
SUCH RECOGNITION DETERMINABLE BY EXECUTIVE 71
551
ACCRETION NOT COLONIZATION THE POLICY OF THE UNITED STATES 72
553
XXI
581
XXXII
582
IMPOSED 83
601
MINISTER MISCONDUCTING HIMSELF MAY BE SENT BACK 81
603
MODE OF PRESENTATION AND TAKING LEAVE 85
612
INCUMBENT CONTINUES UNTIL ARRIVAL OF SUCCESSOR 86
616
HOW FAR DOMESTIC CHANGE OF GOVERNMENT OPERATES TO RECALL
618
DIPLOMATIC GRADES 88
621
CITIZENS OF COUNTRY OF RECEPTION NOT ACCEPTABLE 88a XIV
628
DIPLOMATIC CORRESPONDENCE CONFIDENTIAL EXCEPT BY ORDER OF DE PARTMENT 89
631
1 Confined to official business
632
2 Usually in writing 896
633
COMMUNICATIONS FROM FOREIGNERS ONLY TO BE RECEIVED THROUGH DIPLOMATIC REPRESENTATIVES 91
635
DIPLOMATIC AGENTS PROTECTED FROM PROCESS 1 Who are so privileged 92
638
2 Illegality of process against 93
644
3 Exemption from criminal prosecution
646
4 What attack on a minister is an international offence
648
AND FROM PERSONAL INDIGNITY 94
649
AND FROM TAXES AND IMPOSTS 97
651
PROPERTY PROTECTED 96
654
FREE TRANSIT AND COMMUNICATION WITHI Secured 97
667
HOW FAR DISPATCHES AND DIPLOMATIC AGENTS ARE CONTRABAND 374
669
CANNOT BECOME BUSINESS AGENTS 99
670
NOR REPRESENT Foreign goveRNMENTS 100
671
SHOULD RESIDE AT CAPITAL 101
672
DUTIES AS TO ARCHIVES 103
673
RIGHT OF PROTECTION AND ASYLUM 104
675
MAY EXTEND PROTECTION TO CITIZENS OF FRIENDLY COUNTRIES 105
696
10 France
755
a Treaty of 1778 148
775

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Page 273 - In the wars of the European powers in matters relating to themselves we have never taken any part, nor does it comport with our policy so to do. It is only when our rights are invaded or seriously menaced that we resent injuries or make preparation for our defense.
Page 269 - Our first and fundamental maxim should be, never to entangle ourselves in the broils of Europe. Our second, never to suffer Europe to intermeddle with cis-Atlantic affairs. America, North and South, has a set of interests distinct from those of Europe, and peculiarly her own. She should therefore have a system of her own, separate and apart from that of Europe. While the last is laboring to become the domicile of despotism, our endeavor should surely be, to make our hemisphere that of freedom.
Page 172 - Europe has a set of primary interests which to us have none or a very remote relation. Hence she must be engaged in frequent controversies, the causes of which are essentially foreign to our concerns. Hence, therefore, it must be unwise in us to implicate ourselves by artificial ties in the ordinary vicissitudes of her politics or the ordinary combinations and collisions of her friendships or enmities.
Page 274 - It is still the true policy of the "United States to leave the parties to themselves, in the hope that other powers will pursue the same course.
Page 274 - Our policy in regard to Europe, which was adopted at an early stage of the wars which have so long agitated that quarter of the globe, nevertheless remains the same, which is, not to interfere in the internal concerns of any of its powers; to consider the government de facto as the legitimate government for us; to cultivate friendly relations with it and to preserve those relations by a frank, firm, and manly policy, meeting in all instances the just claims of every power, submitting to injuries...
Page 269 - One nation, most of all, could disturb us in this pursuit; she now offers to lead, aid, and accompany us in it. By acceding to her proposition, we detach her from the bands, bring her mighty weight into the scale of free government, and emancipate a continent at one stroke, which might otherwise linger long in doubt and difficulty.
Page 278 - In the discussions to which this interest has given rise and in the arrangements by which they may terminate the occasion has been judged proper for asserting, as a principle in which the rights and interests of the United States are involved, that the American continents, by the free and independent condition which they have assumed and maintain, are henceforth not to be considered as subjects for future colonization by any European powers.
Page 168 - ... to any other practicable communications, whether by canal or railway, across the isthmus which connects North and South America, and especially to the interoceanic communications, should the same prove to be practicable, whether by canal or railway, which are now proposed to be established by the way of Tehuantepec or Panama.
Page 178 - The great rule of conduct for us in regard to foreign nations is, in extending our commercial relations, to have with them as little political connection as possible.
Page 554 - The day that France takes possession of New Orleans, fixes the sentence which is to restrain her forever within her low-water mark. It seals the union of two nations, who, in conjunction, can maintain exclusive possession of the ocean. From that moment we must marry ourselves to the British fleet and nation.

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