Perfect rights or duties of states, 70.
Definition of a perfect right, 70.
Classification of, 70.

The duty of mutual respect, 83.
The duty of non-interference, 74.
The enforcement of treaty stipula-
tions, 74.

Interference, when justified, 74.
Protection of subjects, 72.

The right of reputation, 73.
The right of self-preservation, 70.
Peterhoff, case of the, 349.
Pope, decisions of the, in international
controversies, 13.

Pope and emperor, position of, in the
Middle Ages, 11.
Postliminy, rules of, 266.

Power of belligerents over neutral trade,
338.

Pre-emption, 364.

Prisoners of war, 233.

Rebellions, 199.

Recapture of prizes at sea, 266.
Recez, 183.

Reprisals (see Means of Redress), 195.
Requisitions, 228.

Responsibility of a neutral state for the
acts of its subjects, 302.
Retaliation in war, 251.

Limitations upon the practice, 252.
Retorsion (see Means of Redress), 194.
Revival of commerce, effect of upon the
development of International Law, 5.
Rhodian laws, 7.
Right of search, 375.
Rights of sovereign states, 28.
Perfect rights, 70.
Imperfect rights, 92.
River navigation, right of, 44.

Cases of the Main, Meuse, Moselle,
Neckar, Rhine, and Scheldt, 44.
Cases of the Elbe, Douro, Po, Vis-
tula, and Weser, 45.

Case of the Danube, 45.
Case of the Mississippi, 46.
Case of the St. Lawrence, 49.

132.

Relations of states and individuals
at, 132.

Practice of, based upon comity, or
consent, 132.

Origin of the practice, 133.
Subjects treated of in, 136.
Limitations upon the practice of,

137.

Effect of foreign judgments, 138.
Condition of reciprocity, 138.
Why produced before the courts
of a state, 139.

When effective, 139.

Navigation of, not a perfect right,
44.

Roman Church, Influence of, upon the
development of International Law,11.
Roman empire, 11.

Roman Law, influence of, upon Inter-
national Law, 19.

As a source of International Law,
19.

Early misconception as to, 21.
Jus Feciale, 21.

Jus Gentium, 20.

Law of the XII. Tables, 20.

Rules of, as to river boundaries, 35.

Salvage (see Recapture), 267.

Sea, claims to dominion over portions

of the, 43.

Jurisdiction over coast (see the
Marine League), 40.
Freedom of the, 43.

Sea laws, 5.

Search, the belligerent right of, 375.
Definition of the right, 375.
When and where exercised, 375.
Manner in which the right is ex-
ercised, 376.

Duty of boarding party, 377. (See

Right of Visitation, 379.)
Of merchant vessels in time of
peace, when authorized, 386.
(a.) To execute revenue laws,
386.

(b.) On suspicion of piracy, 387.
(c.) Inspection of merchant ves-
sels by war vessels of the
same nation, 387.

(d.) Right of approach to ver-
ify nationality, 387.

(See

Case of the Virginius, 388.)

Seas, the high, 42.

Servitudes, 52.

How created, 53.

How terminated, 53.
Positive, 53.

Negative, 54.
Examples, 53, 54.

Ship canals, 39.

Jurisdiction over, 39.

Neutrality of, in general, 39.
Case of the proposed Nicaragua
canal, 40.

Case of the Panama canal, 40.
Sound dues, 38.

Sources of International Law, 18.
Decisions of international courts,
or boards of arbitration, 18.
Decisions of municipal courts, 23.
Diplomatic correspondence, 19.
Divine law, the, 24.
History-general histories, and
histories of importaut epochs,
24.

Municipal law of states, 24.
Roman Law, the, 19.
State papers, 19.
Text-writers, 22.

Sovereignty of states, 28.

How acquired, 34.

How lost, 34.

Test of a sovereign state, 33.
Classification of sovereign powers,
30.

The essential attributes of sover-
eignty, 31.

(a.) Sovereignty, 31.
(b.) Independence, 31.
(c.) Equality, 31.
Spies in war, 241.
Springbok, case of the, 346.
State, the term defined, 28.

Difference between the terms
"state" and "nation," 28.
Classification of states, 28.
Sovereign, 32.

Dependent, or semi-sovereign,

32.

Confederate, 32.
Belligerent, 200.
Neutral, 276.

Government of states, 28.

Classification of, 29.

Territory of a, 35.

St. Petersburg, Declaration of (Appen-

dix D), 440.

Straits, 37.

Jurisdiction over, 37.

Rights of ownership and jurisdic-

tion over, 37.

Right of passage through, 38.

Subjects of states (see Citizens), 98.
The terms "citizen" and "sub-

ject" synonymous, 98.
Classification of, 99.
Duty of allegiance, 98.
Native-born, 99.
Naturalized, 100.
Right to protection, 98.

Temporary occupation in war, 244.
Territory, defined, 35.

What constitutes the territory of
a state, 35.
Boundaries, 35.

Rivers as boundaries, 35.

Navigation of boundary rivers, 44.
Text-writers, works of, as a source of
International Law, 22.

Classification of, 22.

Thirty Years' War, influence of, upon de-
velopment of International Law, 16.
Treaties and conventions, 165.

Purpose of, 165.

Right to make treaties an incident

of sovereignty, 165.
Contracts and agreements with
individuals, 166.
Treaty-making power, 166.
Conditions essential to the validi-
ty of treaties, 167.

(a.) Power of the contracting
parties, 167.

(b.) Consent of the contracting
parties, 167.

(c.) Possibility of execution,

168.

Binding force of treaties, 169.
Manner of negotiating treaties, 169.
Language used, 170.

Form and signature, 171.
Ratification of treaties, 172.
Classification of, according to their

nature, 173.

Transitory and permanent, 174.
Classification of, according to their
objects, 174.

Cartels and capitulations, 174.
Treaties of alliance, 175.
Treaties of guarantee, 176.
Reciprocity treaties, 178.
Treaties of peace, 257.
Termination of treaties, 179.

Rules for the interpretation of

treaties, 180.

Terms used in treaties, 183.

Troops, neutral conveyance of enemy's,

356.

Truce, 253.

Usages of war, 208.

(See Appendices A, C, D, E.)

Virginius, case of the, 388.
Visitation, right of (see Right of
Search), 379.

War, 198.

The right of redress, 198.
Definition and purpose, 198.
Rightfulness of war, 199.
Classification of, 199.

The belligerent parties, 200.
Right of declaring war, in whom
vested, 201.
Causes of war, 201.

Responsibility for a resort to war,

202.

Moral considerations involved,
202.

Declaration of war, and its effects,
203.

Ancient and modern rule, 203.
Notification of, to whom given,
204.

Effect of, upon treaties, 204.
Effects of a state of war, 205.
Upon subjects of an enemy in
belligerent territory, 206.
Upon property of enemy sub-
jects in belligerent territory,
207.

Laws of war, 208.

Their character and tendency,

208.

Subjects discussed in, 210.
Amount and kind of force that

may be used, 210.

Legal effects of a state of war

upon the subjects of the bel-
ligerent states, 210.

Who may lawfully carry on
war, 211.

Armed forces of a state, 211.
Partisans, 211.

Levees en masse, 212.
Guerillas, 214.

Forces that may not be used
in war, 214.

Wars with savages, 215.
Forces employed at sea, 215.
Naval establishments, regular
and volunteer, 216.
Privateers, 216.

Letters of marque, 216.
Effect of modern inventions, and
of improved methods of attack
and defence, 218.

Methods of carrying on war, 218.
Rule of good faith; use of deceit,

219.

What instruments are forbid-

den, 224.

Torpedoes, mines, etc., 225.
The usages of war at sea, 226.
The public and private property
of the enemy, 226.

Treatment of property on land,

226.

(a.) The public property of

the enemy, 226.
(b.) The private property of

enemy subjects, 227.
(c.) Requisitions, 228.
(d.) Contributions of war, 230.
(e.) Captured property on

land; booty, 230.
Treatment of non-combatants in
the theatre of war, 232.
Prisoners of war, 233.

Who may be made prisoners of
war, 234.

Treatment of, 234.

Character of their confinement,
235.

Status of prisoners of war, how
terminated, 235.

(a.) Exchange of prisoners,
235.

(b.) Paroles, 236.

By whom given, 236.
Conditions of parole, 237.
Breach of parole, 237.

Intercourse between belligerents,

237.

Flags of truce, 238.

Rules as to the use of flags, 238.
Cartels, 239.

Capitulations, 239.

Safe-conducts, 239.

Safeguards, 239.

Licenses to trade, 240.

Offences against the laws of war,
241.

(a.) Being a spy, 241.

(b.) Being a guerilla, 214, 242.
(c.) Crimes of violence, 243.
Right of temporary occupation,
244.

History of the different views

of military occupation, 245.
Present view of occupation, 246.
Rights of occupation, 247.

Martial law, or the state of
siege, how exercised, 247.
Difference of opinion as to the

66

meaning of the term осси-
pation," 250.

Permanent occupation, 251.
Retaliation in war, 251.

Limitations upon the exercise
of the right, 252.
The termination of war, 253.
Suspensions of hostilities-truces,
253.

(a.) Special truces, 253.

What may be done during a
special truce, 253.
(b.) General truces, or armis-
tices, 254.

Treatics of peace, 255.

In what respects different from
ordinary treaties, 255.
How executed, 256.
When effective, 257.
Their binding force, 256.
Effects of treaties of peace, 257.
(a.) Upon the causes of the war,

257.