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INDEX TO VOLUME FIRST.

A

Ambassadors, protection to, 182.

Amphyctionic council, 5.
Abridgments of the law, 507.510. Animus manendi, 76.
Adjudications, force of, 473.490. Appellate jurisdiction, S.C.U.S.
Admiralty decisions on national

316-321.
law, 18.

its limitations, 324–326.
jurisdiction in prize

how enforced, 316. 321.
cases, 353.

442.
criminal jurisdiction, Appointment toU. S. offices, 287.

360. Apportionment of representatives
limits circumscribed,

in congress, 230.
365-378. Aristotle on rights of war, 5.
Agency, in trade with the enemy, Armed neutrality, 126, 127.

77. Arms of the sea, 26. 30.
Aliens, sue in the federal courts, Articles of confederation, 210.

343.

their imbecility, 212,
Alien enemy, when under protec- Assistance to other nations, 24.

tion, 57. Atkyns' Reports, 494.

cannot sue, 68. Attorney-general U. S. 308.
Alliance, defensive, 50.

Attorneys and counsel, 306.
its effect on licenses, Auxiliary treaties, 12. 116.

69.
with France in 1778,
51.

B
Allies, not to trade with the ene.

my, 69. Bacon, Lord, his definition of
included in treaties of
peace, 167.

his writings, 505.
Ambassadors, their inviolability, Bacon's abridgment of the law,
15-38,

510
grades of them, 39. Baltic maritime code, 126, 127.
when suspended, 38.

Bank U.S. lawfully created, 248.
to be discreet and mo-

not taxable by the
derate, 40.

states, 425.
their attendants and ef- Barbary states lawful powers,
fects privileged, 39.

188.
the state not bound to Bays and arms of the sea, 26. 30.

receive them, 40. claim to Delaware bay, 29.
Ambassadors, their sovereign | Belligerent powers, their rights,
when bound by their acts, ib.

89_113.

war, 47.
ers, 99.

94.

åge, 531.

Bills of credit, 407.

Cicero, his opinions on the law of
Blackstone's Commentaries, 512.

nations, 6, 7.
Blockade, must exist in fact, 144, Circuit Courts, U. S. 301.

145. Citizens, domiciled in a foreign
its violation, 151.

country, 75–80.
presence of adequate

not to cruise without
force, 145.

commission, 95.
when raised, 146.

nor against their native
absence of the squadron,

country, 191.
145.

nor against friendly pow-
notice ofit requisite, 147.
sailing to elude it, 147.

their rights of defence,

150.
egress from it, 146,

Civil law, its influence on the law
breach of it, when cured,

of nations, 11.
151.

its history, 515.
Bracton, 449.

the twelve tables, 521.
Britton, 501.

edicta prætorum, 528.
Brookes' Abr. 508.

responsa prudentum, 530.
Brown's Rep. 494.

its state in the Augus-
Burlemaqui, 17.
Bynkershoeck, 17.

rescripta principis, 534.
treatise on marine juris-

early digests of it, 536
diction, 28.

Justinian's code, 538.

Institutes, 538.

Pandects, 539.
С

Novels, 542.

its destruction, 542.
Captures, maritime, law of, 69.

revival in modern
English decisions there-

times, 544,

merits, 547.
rights of, vest in the Clerks, U. S. courts, 508.

sovereign, 100. Codes of law, their instability,
adjudication necessary

468.
to title, 102. Coke's Reports, 482.
made after treaty of

Institutes, 506.
peace, 170-173. Colonial trade of the enemy, 81-
Cardinal Woolsey, 490.

85.
Cartel ships, must not trade, 68. Commerce, general right of, 32.
Casus fuderis, when it arises, 49.

claim of Portugal to E.
presumption in favour

India commerce, 33.
of it, 49.

of Russia to the N. Pa-
feudal doctrine in like

cific, 33,
cases, 50.

treaties of, 33.
no assistance when hope-

with the enemy, 66.
less, ib.

externaland between the
in the treaty of 1778, 51.

states, regulated by
Ceded places to U. S. 429.

congress, 431–438.
Cessio bonorum, 422.

Commercia belli, 105. 159. 169.
Cessions of territory, 177. Commission to cruise and capture,
Chancery Reports, 492—495.

requisite, except for self
Chitty, on claims to the sea, 28.

defence, 95, 96.
Christianity, its influence on the unlawful against a friend-
law of nations, 10.

ly power, 100.
Chivalry, its influence, 11. Common law, the growth of time,

471, 472.

on, 70.

gress, 236.

Common law adopted in the se-, Consuls, no judicial authority, 42
veral states, 472, 473.

no privileges of public
powers of the federal

ministers, 44.
courts, in civil cases,

U. S., law concerning
341-343.

them, 42.
none in criminal cases,

amenable to the laws,
331.

43-44.
Comyn's Digest, 510.

may be concerned in
Concealment of papers by a neu-

trade, 44.
tral vessel, 157.

no consular protection
Concurrent legislation of the

as merchants, 44.
states, 387.

78.
judicial power, 395.

entitled to a safe con-
Confederation, articles of, 210.

duct, 44.
its imbecility, 212.

privileges in Mahome-
Confiscation of enemy's proper-

tan countries, 45.
ty, 56—60. Contempts punishable by con-
of debts, 62–65.
condemned by jurists,

by the courts of justice,
62-64.

300.
lawful in U. S., 64, Contraband of war, 135— 143.
unlawful in England, 64.

provisions, 136. 139, 140.
of contraband articles,

articles of native growth,
142

139.
extended to the neutral

raw materials, 139.
ships, 143.

intent affects the ques-
for breach of blockade,

tion, 140.
151.

articles for military use,
for carrying despatches,

140, 141.
152.

extent of the penalty,
Congress of U. S., its organiza-

142, 143,
tion, 222-236. Contracts protected against state
privileges, 235.

laws, 413.
general powers, 236.

commercial, with an en-
mode of doing business,

emy, void, 67.
237.

public, with an enemy,
power to create a bank,

binding, 176.
248. Contributions, when levied by the
domain as to Indian

lands, 257. Convention of 1787, 218.
power over the militia, Courts, U.S., no common law ju-

262. risdiction in criminal cases,
power as to internal im-

331-341.
provements, 267.

jurisdiction when
power over territorial

alien is a party, 343.
districts, 383.

between citizens of dif-
power over ceded pla-

ferent states, 344.
ces, 429.

none as to citizens of
of 1754, 203.

territories, 349.
of 1765, 203.

Supreme, its general
of 1774, 206.

powers, 298–301.
Constitutionality of laws, 448.

its original jurisdic-
Constitutional power, its test,

314,
313.

its appellate, 316. 324.
Consuls, their privileges and du-

its power over writ of
ties, 41-45.

mandamus, 322.
courts, 356. Dyer's Reports, 481.
cognizance of captures

enemy, 92,

an
as

Court, Supreme, its jurisdiction, Diplomatic agents to the Barbary
when a state is a party,

States, 45.
323. 327. Direct taxes, 254.
or a state is interested, District of Columbia, 256. 349.

350. District Courts-see Courts, U.S.
its power to enforce its Doctor and Student, by St. Ger-
appellate decrees, 316.

main, 504.
321.441. Documents of neutral vessels,
is confined to matter of

157
record, 326. Domain, public, 66. 257.
Courts, U. S. Circuit, their gene- Domicil, in war, 75–81.
ral powers, 301-303.

commercial, 75.
District, their general pow-

test of national charac.
ers, 303-305.

ter, 74–81.
jurisdiction prize Droits of the admiralty, 96.

on the coast, 29.
criminal jurisdiction,

E
360.
limits of admiralty juris- Electors of president, 276.

diction, 365. Eldon, Lord Chancellor, 480. 495.
jurisdiction as Instance Eden's Reports, 494.

Courts, 378. Embargo, when hostile, 60.
civil jurisdiction, 381.

indefinite, laid by con-
Territorial Courts, 383.

gress, 432.
State Courts with federal Embassy, 14, 40.

powers, 306. Enemy's colonial trade, 81.
U.S. courts not controlled

flag and pass, 85.
by state courts, 409.

property on board a neu-
may set aside unconsti-

tral, 124,
tutional laws, 449— | Enemy, permanent and tempora-
453.

ry, 73.
Cowell's Inst. 508.

when so in matters of
Cox's Reports, 494.

commerce, 74.
Croke's Reports, 485.

by possessing the ene-
Cruise's Digest, 511.

my's soil, 74.
Cruiser with double commissions,

by residence, 76–81.
a pirate, 100.

by sailing under his flag,

85.
D

how regarded by the old

law, 89.
Damages for marine torts, 156. English decisions, their weight on

359. 364.

national questions, 69.
Debts due enemy, confiscated, Ex post facto laws, 408.

62-65.
existing prior to war, re-
coverable after, 169.

F
due U. S. have priority,

243. Feudal rule as te assistance in
Decisions, judicial, force of, 473.
Declaration of war, 52-55. Fearne's Treatise, 514.

of independence, 208. Finch's Treatise, 509.
Delictum, 36. 123. 152.

Fitzherbert's Abr. 508.
Despatches to enemy, 152. Flag of the enemy, sailing under,
Diebitsch, Count, his moderation

85
in war, 92.

war, 50.

man, 47.

Fleta, (Treatise) 501.

Hobbe's theory of the state of
Foreigners, their rights and du-

ties, 36. Hostages, a security for ransom
Foreign property protected in

bills, 106.
war, 56. 58. 65. Hostile character of property,
sovereigns may sue in

73–81.
Sup. Court Ú. S. 297.

by holding land in ene-
Forms of process in the federal

my's country, 74.
courts, 394.

having a commercial
Fortescue's Treatise, 501.

house there, 74.
Free ships, rules as to, 124–131.

residence there, 76.
Freight, when due to captor by

engaging in enemy's co-
neutral, 131.

lonial trade, 81.
Fugitives, surrender of, 36.

sailing under enemy's
law of New-York there.

pass and flag, 85.

English rule, 83.
treaties on the subject,

of persons, 73–81.
ib. House of representatives, 228.

on, 37.

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Gilbert, Lord Ch. B., Treatises Impeachment, power of, 288.

of, 511. Improvements, internal, 267.
Glanville, 499.

Inca of Peru, 21.
Greeks, their notions of national Independence, declaration of, 208.

obligation, 4. Indian lands, 257.
as to rights of cap- Infidels, opinions of Grotius, Coke,

tives, 4. and Bacon, concerning,
as to national inde-

11.
pendence, 22. | Instance Courts, 378.
their advance in nation- Intercourse with an enemy un-
al law, 5.

lawful, 67.
Grotius, merit of his work-De Interference with other powers,
Jure Belli et Pacis, 15.

23.
Mare Liberum, 27. Interpretation of statutes, rules
influence on war, 90.

for, 460–465.

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Hále, Sir Matthew, his pleas of Judgments in other states, 260.

the crown, 511. Judges, U. S.--tenure of office,
Hamilton, Alexander, against con-

292.
fiscating debts, 63.

support, 292.
Hardwicke, Lord Ch. 494. Judicial independence, 291–295.
Hawkins, on Criminal Law, 511.

power of U. S. 295.
History of the law of nations, 4-

power over unconstitu-
19.

tional laws, 449-454.
of the American Union,

decisions,reports of,473,4.
201—219. Jurisdiction of U. S. Courts.
of Law and Equity Re- Supreme Court-original,
ports, 480-495.

314.
of treatises on law, 499

appellate, 316.
-514.

how enforced, 316.
of the civil law, 515-548

321, 441.
Hobart's Report s, 483.
VOL. I.

70

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