Scherer. Der Sundzoll, seine Geschichte, sein jetziger Bestand und seine
Staatsrechtlich-politische Lösung, 244.

Schimmelmann, Count. Correspondence with Mr. Wheaton, 469, a, 603, lxxiii.
Schlegel, H. W. Staats Recht des Königreichs Dänemark, 216, 243; Examen de
la Sentence prononcée par le tribunal d'Amirauté Anglaise, dans l'affaire du
convoi Suédois, 548; translation of, 591.

Schleswig-Holstein, nature of the connection of the duchies of, with the crown of
Denmark, 73, a.

Schmaltz. Europäisches Völkerrecht, 176.

Schmelzing. Systemat. Grundriss des praktischen Europäischen Völkerrechts, 176.
Schoell. Histoire des Traités de Paix, 484, 535, d.
Scott, Sir W., (Lord Stowell.) Judgments, 24.

Seas, controversy respecting the dominion of the, 245; how far the maritime
territory of a State extends over the, 248.

Search, right of, 587. See Visitation.

Ségur. Politique de tous les Cabinets de l'Europe, 356.

Senior. Edinburgh Review, cxlviii., 5, 88, 332.

Sentence, extra-territorial operation of a criminal, 181; conclusiveness of foreign,
in rem, 197; unjust, of a foreign tribunal, ground, for reprisals, 460.
Sergeant and Rawle's Reports, 177, 307.

Servia. Semi-sovereign State, 45, a; relations to the Porte, 48, a; to Russia,
50, a.

Ships. The two maxims, free ships free goods, enemy ships enemy goods, not
necessarily connected, 507. See further, Vessels and Goods.

Sicilies, King of the Two. Treaty with the United States respecting neutral
rights, clxxxi.

Simons's Reports, 309, a, 314, a.

Sirey. Recueil général de Jurisprudence, 158.

Slave-trade. Whether prohibited by law of nations, 186, xli.; decision of English

and American courts respecting, 188; treaties respecting, 186-7; claim of
visitation and search founded thereon, 188; writings of General Cass and
Mr. Wheaton respecting, 188, a.

Slaves, taken into foreign port in an American vessel, against the consent of
the master and owner not thereby liberated, cxxxi.

Soulé, Mr. Minister to Spain, joint note to Secretary Marcy, 685, a.; prevented
from stopping in France by the government, 694, a.

Sovereignty defined, 29; internal, 29; external, 29; how acquired, 30; limited,

45.

Sovereign princes, the subjects of international law, 28; international effect of a

change in the person of, or in the internal constitution of a State, 36;
foreign, his ambassador, army or fleet within the territory of another State,
143; exemption of the person of, from local jurisdiction, 146; no proceeding
in France admissible against the property of, 152, a.

Sound duties, cxvi., 244; Wheaton's despatches respecting, 245, a; Buchanan's
instructions, 244, a; Marcy's, 244, a; President Pierce's message respect-
ing, 245, a.

Sound, sovereignty of Denmark over, 242.

Spain. War between, and her American colonies, 97; quadruple alliance of,

of 1884, with England, France, and Portugal, 109; law of, in case of recap-
ture of property of friendly nations, 448; treaty with the United States as
to immunity of neutrals in time of war, 508, 538, a; respecting subjects or
citizens serving in enemy's privateers, 434, a. See Cuba.

Sparks. Diplomatic Correspondence, 431; letter to, from Mr. Wheaton on right
of search, cxxv.

Sponsions, 318.

Stade duties, cxvii; Wheaton's despatches respecting, 245, a; Mann's treaty, 244, a.
State, definition of, 27; terms "Sovereign" and "State" employed as synony-
mous, 29, how far recognition of other States necessary, 30; identity of,
how affected by internal revolution or external force, 31; parties to civil
war, entitled to rights of war against each other, 32; conduct of other States
towards the parties in civil war, 32; effect of incorporation of two States into
one, or of the division of a State, 33; a colony or province separating from
mother country, how considered by other foreign States, 34; its recognition
by other States, 35; international effect of a change in person of a sovereign,
36; or treaties, 38; effect upon the public debts, 41; upon the public
domain and the rights of private property, 42; of the responsibility of a new
government for the torts or acts of the former government, 44; sovereign,
defined, 45; equality of sovereign States, 45; semi-sovereign States, 45;
tributary and vassal States, 51; Barbary States, their relations to the Otto-
man Porte, 52; relation of the Indian tribes to the United States, 53, 54, a;
single or united States, 55; personal union of, under the same sovereign, 55;
real union of, under the same sovereign, 56; incorporate union, 56; union
between Russia and Poland, 57; federal union, 58; confederated, each
retaining its own sovereignty, 59; supreme federal government or compo-
sitive State, 59; Germanic Confederation, 59; United States of America, 72;
Swiss Confederation, 79; rights of sovereigns, with respect to one another,
85; power to recognize, belongs to the political department of the govern-
ment, 35, a; same rule applies to conflicting claims to the government of a
State of the Union, in its recognition by the federal government, xl.; Ame-
rican rule as to the recognition of foreign, 35, a, 276, a ; independence of, as
to its internal government, 106; mediation of other foreign States for settle-
ment of the internal dissensions of a, 106; independence of, in respect to
the choice of rulers, 108; exceptions, 108; sovereign power over all the
property in the territory of, 131; independence of the judicial power of,
168; extent of, over criminal offences, 174; over the property in its territory,
196; over foreigners residing in the territory, 200; natural equality of, modi-
fied by conventions, 45, 210. See Equality, Rights of.
Steam-engines, whether contraband of war, 563, a.

Steck, De. Essai sur les Consuls, 166.

Steuerverein. See Zollverein.

Stewart's Vice-Admiralty Reports, 478.

Story. Conflict of Laws, 142, a; 206, 306, a, 308, a; on the Constitution, 78, a;
opinion of, of Wheaton on Captures, xxxii.; of Wheaton's Reports, xliii.
Stowell, Lord. See Scott, Sir William.

Suarez, De Legibus et Deo Legislatore, 16.

Subsidy. Distinction between general alliance and treaties of succor and, 346.

Swiss Confederation, 79; constitution compared with those of the United States
and Germanic Confederation, 81; neutrality of, 482; new constitution of,
81, a; powers of the Confederation, 82, a; two houses of the legislature and
federal council, 82, a; federal tribunal of justice of the, $2, a.

Talbot. Cases Temp. 307, a.

Taunton's Reports, 307, a.

T.

Taylor, President. Message respecting Hungary, 36, a..

Territory, title of, ceded, when it passes, 326, a; right of every sovereign State
to the property within its, 131; to the possession of its, 217; rivers form part
of, 252; hostilities within the, of a neutral State, 491; passage through neu-
tral, 491; captures within neutral, 492; award of, in the case of The General
Armstrong, destroyed in neutral, 494 a; arming and equipping vessels, and
enlisting men within neutral, 503; inviolability of; 24 7, a.

Texas, annexation and admission as a State, 33, a, 36, a, 78, a; President Jack-
son's views as to the admission, 36, a; Mr. Webster's views as to, 36, a;
Mr. Everett's, 36, a; President Tyler's message respecting, 41, a, 78, a; how
far the United States liable for its debt, 41, a; effect of annexation on the
citizenship of its inhabitants, 627, a.; sovereignty of, merged in that of the
United States, 33, a.

Text-writers, how far sources of international law, 82.

Thiers, Histoire du Consulat et de l'Empire, 483.

Thompson's Laws of War, 381, a.

Thorbeck. Droits du Citoyen, 627, a.

Titles of sovereign princes and States, 214.

Toullier. Droit Civil François, 207, 311, a.

Trade, Laws of, how far binding on citizens and foreigners, 175; with the enemy,
unlawful on the part of subjects of the belligerent State, 381; how affected
by orders in council and decrees in present war, 389, a; decision of the
American courts as to trading with the enemy, 385; with the common
enemy, unlawful on the part of allied subjects, 390.

Tribunals, International, how far sources of international law, 24.
Troppau, Congress of, 95.

Treaty, real, 36; personal, 36; form of, 317; faculty of contracting by, how
limited and modified, 317; full power and ratification of, 319; power of
making, dependent on the municipal constitutión, 328; difference between
English and American systems, 330; case of French indemnity, 331, a;
auxiliary measures, how far necessary to the validity of, 329, 331, a;
freedom of consent, how far necessary to the validity of, 331; perpetual in
its nature, 332; in what case the operation of, ceases, 342; revival of, by
peace, 343; of guaranty, 344; of alliance, 345; of general alliance and of
limited succor, distinction between, 354; of peace, power of making limited,
608; effect on, of declaration at the time of exchange of ratifications, 328, a,
613, a; non-ratification of, signed by plenipotentiaries, 327, a; hostages for
the execution of, 354; interpretation of, 354; mediation in the case of, 355.
Treaties, how far sources of international law, 22; distinction between, and car-
tels, truces, capitulations, and sponsions, 318.

Truces, 318, 470 rules for interpreting, 472.

Trumbull's Reminiscences of his Own Times, cxxvii., note.

Turkey. See Porte, Ottoman..

Tyler, President, messages respecting Texas, 41, a. 78, a; respecting the Zoll-
verein treaty, cii., civ.

Union, federal, 58

U.

United States of America. See America. Statutes of, at Large, 42, a, 75, a, 164, a,
165, a, 171, a, 173, a, 233, a, 234, a, 241, a, 312, a, 313, a, 419, a, 537, a,
563, a, 567, a, 587, a, 613, a, xviii., xxxiv., xcvii.

Upshur, Secretary, to Mr. Wheaton, cii.; to Mr. Irving, concerning Cuba, 680, a.
Uti possidetis, the basis of every treaty of peace, unless the contrary be expressed,

612.

Utrecht, treaties of, respecting maritime rights, 511, 534 a.

V.

Valin. Commentaire sur l'Ordonnance de la Marine, 234, 383, 438, 439, 448,
459, 479, 498, 546, 547; Traité des Prises, 479, 493, 505, 506, 620.

Van Buren, Secretary, instructions to Mr. Van Ness, Minister to Spain, respecting
Cuba, 677, a.

Vattel, system of, 11; Droit des Gens, 12, 13, 14, 27, 32, 40, 43, 45, 108, 150,
159, 176, 204, 218, 240, 247, 250, 253, 274, 278, 281, 282, 284, 286, 293,
300, 302, 304, 315, 318, 319, 321, 329, 332, 343, 344, 345, 346, 353, 354,
362, 363, 364, 366, 367, 369, 416, 419, 420, 421, 430, 431, 470, 471, 472,
475, 492, 504, 544, 556, 608, 611, 615, 618, 621.

Vera, Don Antonio de, Le Parfait Ambassadeur, 356.
Verona, Congress of, 96.

Vesey, Reports, 35, 198, 379.

Vessel, exemption of foreign, of war, entering the ports of any other nation under
an express or implied permission, 149; whether distinction between fleet
entering a foreign port, and troops passing through a foreign territory, as to
implied permission, 149; what constitutes a "setting forth as a vessel of
war" under the prize act, 453; distinction between public and private, 151,
503; law of France, as to the exemption of public or private, from the local
jurisdiction, 154; exemption of, from local jurisdiction, does not justify acts
of aggression, 156; nor extend to prize goods taken in violation of the neu-
trality of the country into which they are brought, 158; jurisdiction of the
State over its public and private, on the high seas, 158; claim of Great
Britain to search, for deserters and persons whom she considered liable to
military service to her, 160; national character of, 413; sailing under
enemy's license, 414; right of local authorities abroad to interfere as to the
condition of persons and things on board a merchantman, 156, a; case of,
entering a foreign port against the will of the master and in consequence of
a crime on the high seas, cxxxi.; right of neutral to carry his goods in an
armed enemy vessel, 593. See Capture, Neutrality.

Vienne, Acte final du Congrès de, 60, 62, 67, 107, 213, 357; Recez du Congrès
de, 277, 280, treaty of, respecting the great European rivers, 254.

Visitation and search, right of, 587; of neutrals under convoy, 591; treaty stipu-
lations respecting, 591, a; forcible resistance by an enemy master, 592; right
of a neutral to carry his goods in an armed enemy vessel, 593; whether neu-
tral vessels under enemy's convoy liable to capture, 594; discussions with
Denmark respecting, lxxi., 594, 603, a; in time of peace, right of, cxx., 187, a;
opinion of Ortolan and Hautefeuille, 187, a; General Cass's letter to M.
Guizot respecting, 187, a; Mr. Legaré to Mr. Wheaton, cxxiii.; pretext
for impressment, 572, a.

Voet, De Statu, 176, 308, a.

W.

Waite's State Papers. See American State Papers.

Wallachia. Semi-sovereign State, 45, a; relations to the Porte, 48, a; as to the
character of her Chargés d'Affaires at the Porte, 274, a.

War, of 1756, the rule of the, 572; superseded by late orders in council, 575, a;
become inapplicable, 575, a.

War, commencement of, and its immediate effects, 361; redress by forcible means
between nations, short of actual, 361; reprisals, 362; embargo previous to
declaration of, 363; right of making, in whom vested, 364, public or solemn,
perfect or imperfect, 365; character of hostilities in 1798, by the United
States against France, 365, 612, a; declaration of, how far necessary, 635;
enemy's property found in the territory at the declaration of, how far liable
to confiscation, 366; modern rule, 369; rule of reciprocity, 369; droits of
admiralty, 370; difference between the English and French text writers as
to seizure of enemy's vessels in port, 370, a; rule of the belligerents, in the
present war, 371, a; as to enemy's property in neutral vessels, and neutral
property in enemy's vessels, 373, a; distinction in the Russian ordinances
between Turkey and England and France, 373, a; Russian rule as to penalty
for carrying contraband, 373, a, 573, a; effect of, in extinguishing prior
claims for indemnity, 607, a; debts due to enemy, 379; confiscation of Eng-
lish debts by Denmark in retaliation, for droits of admiralty, 381, a; trading
with enemy in, unlawful, 381; rule, how modified in present war, 381, a;
contracts with enemy in, prohibited, 392; persons domiciled in enemy's
country in, liable to reprisals, 392; see Domicile, Rights of, against enemy,
416; exchange of prisoners of, 417; persons exempt from hostility in, 419;
enemy's property, how far subject to capture and confiscation in, 419; dis-
tinction between private property taken at sea and on land, 429; ravaging
enemy's territory, when lawful, 420; contraband of, 535; what persons
authorized to engage in hostilities against an enemy, 430; non-commis-
sioned captors, 430; privateers, 431; proposition to abolish privateering
in, 432, a; title to property captured in, 432; recaptures and salvages in,

437.

Wars of the Reformation, 93; of the French Revolution, 94.

Ward. History of the Law of Nations in Europe, 52, 214, 286.
Washington Union, 240, a, cxv.

Webster. Review of Wheaton's Reports, xliv.; views as to the annexation of
Texas, 36, a; correspondence with Hülsemann, respecting Hungary, 37, a;
as to the relations of a Chargé d'Affaires to the government to which he is