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Index

ABSENCE.S&e Country. ol the riQht of individuals to quit thoir country, 103. &c.

AGREEMCN1. See Irealy,

Conventions.

AltEN ENEMY. 323. Sec Enemy. Al IENAGE, 176. Soo Foreigner.

ALIl^NAflON.

of public property. 116, Seo PtOporly.

ALLEGIANCE,

obligations ol, 6, in note. of subject to a sovereign, 21,

ALLIANCE. Seelreaty. treaty ol, 19?, 323,324. subject of. considered. Ib.

ALIUVION. See Rivers. of the right lo, 121. distinction between, and avulsion, f't>-

ALLY.Seo Enemy, War.

AMBASSADOR, who.459.

are ordinary or extraordinary. Ib. rights, privileges, and immunities ol, 464.

Seo Minister.

may annul a treaty, 459 n. <192). duty of. when consul of Iriendly stale re)ecled, fb

children of and attendants, though born in foreign stale, considered as ratural-born subjects, ib. riahl of. to grant passports, ib. rioht of, to restoration of despatches when captured by an enemy, ib. protected and favoured by the law ol notions, ib.

AMBASSADOR (continued) privileges of, and servants Irom arrest,

459, n. (192). wt>en compelled to grve security for

costs, ib.

right of, in cMI cases. 468. Is exempt from civil jurisdiction where

tesldont, 486, 469, cause of this exemption, ib. may voluntarily subject himself to it, 469,

490.

may commence a civil suit. 490. but should not institute criminal one,

ib. when a subject of state wt icre employed.

ib. when or not subjoct to its jurisdiction,

490.491.

property of, also exempt. 491, 49?. when otherwise, 492. not liable to claims arising from duties of

office. Ib. Imnwvable properly of, not exempt, 493,

andn.(?01). witen exempt from distress, 493, and n,

(201),495,andn,(?0?j. proceedings against property no! exempt, 493,494. house and domestics of, 494. to en]oy a perfect Immunity, 494. 495, how tar exempt Horn distress, 495, n,

(202), 493, n. (201). how far subject to poor-rates and taxes.

495. n. (202).

his right ot asylum, 495. 496. limitation thereof, ib. exemption of ambassadors' corriagos,

496.

ol their retinue, 497 n. (203). ol wife and family of, 497. of secretary ot ambassador, ib. of their couriers and despatches, 496 authority of over relinue. 498, and n.1 499.


AMPASSAOOR (continued)

duty of. with respect to, '190. 499,

when rights ol, expire, 500,

new credentials, when necessary, ib.

AMNES11'. See Peace. wtial, 439.

an oblivion of Ihe past, it). implied in every treaty of peace, ib. to rebels, 4?3, 426.

AN11CIPA110N, wtiat, 114.

rioht of, In the use of common property, ib. See Propcfty.

ARBHRAIION. wtiat, 20, 277

botwoon sovereign Br>d subjects, 20. between nations. 277. general oblioations of erblt'ator's decision, ib.

wnon not bindina, 277,276, congress, wtial, /b.

AftlSIOCRAIIC RE-PUBLIC. Seo

Govortiment. what. 2.

empire inlrusled by nalion to a certain numtwrofcltizens./b

ARMY See War.

right of levying Iroops, ?94. enlistment of troops, 294, 298. soldiers' pay end quarters. ?9G. standing ermlos, ?&G, 314, mercenary soldiers, 297. obligation of soldiers, 2&9. punishment of desoflers, ib. mililary laws, ib. military discipline. Ib. Officeis Of, 299. 300. 301.

ARREST, ambassador privileged from 459, and

n. Seo Ambassador. consul no! exempt from, 147, and n.

(101), 459. and n. (192). on foreign contract here, titough arrest

not permitted where contract made,

173, and n. (111).

ASSASSINATION, what, 359. of prisoners, 358. 360, 361. Seo Prisoners,

ASSEVERATION. use of, in treaties. 233. See Trealy.

ASSOCIATE.

of Iho onomy, 3?6 Son Cnemy,

AUXILIARIES. wtial. 324, See Enemy.

AVULSION,

what, 121. Seo Rivers, Streams, and Lakes. distinction between end alluvion. 121.

BANISHMENT. See Exile. distinction between, and exile, 107. banishment, what, ib. for what time. to.

when parly said to be banished, ib. inflicled as a punishment, ib. Is a mark ol infamy, ib. how far right of. extends, ib. right of banished party to live some-wfere, 108.

though riglil only an Imperfect one, Ib. nations may refuse him admittance, ib. but not without good reasons, ib. duty of nations towards him, ib. cannot punish him tor offences committed out of thoir territories, 109. except for safety of mankind, ib.

BAY, 129. 130. Seo Sea.

BILLOFE:XCHANGC, construction of, in Ihis country, 173,

n.(111). effect of English Statute of Limilalions,

ib.

BLOCKADE, what, 339, and n, (159). of Ihe violation of, ib. distinction between mililary and commercial blockade, Ib. three tilings necessary to constitute e violation of, ib. 1.1 ho existence of an actual blockade, ib.

2. Ihe knowledge of the parly supposed to have violated it, ib.

3. Some act of violation, ib.

B001Y. what, 365.

distinction between, and conquest, ib. See Enemy.

CAPITULAIION.SoeWar. what, 412, 413. how concluded, ib. necessity for observing terms of, 414.


CAPnULAIION, (conlinuod) instances. 415. duty ol soverelans to see them fulfilled, 414.

CAPTURE:. SoeWar.

CASUS FOP; DE RIS, what. 3?6,

only lakes ptaco where war unJust, 3?G. 330,

how it exists in a defensive war. 3?6. In a treaty of guaranty.

CELIBACY. Sec Popery, of priests considered. 69. 70. its effects, ib.

CHlLOnEN. of citizens born in a foreign country,

102,n.(59).SeeCili?en, born at sea. 102. See Sea. born In armies of stale, 103, In the house ol minister al foreign court.

459. end n. 09?). Seo Country. of vagrants. 103. Sec Vagrant

CHRIS11ANITY. See Religion. law of nations construed by, n. (1).

CHURCH. Seo Ecclesiastics, Retiglon-tlie sovereign's authority over. 62. necessity of acknowledging him to bo

head of, 66.

of taxing church possessions, 72.73. should be the lirsi appropriated to the

use of ttie slate, 73. why should be so. /b, misappropriation of revenues of, ib.

CHIZEN. Soe Country. Nation. who ere citizens, 101. are members of the civil society, ib. children ol. born abroad, ore clti;ens,

102, and n, (59).

light ol, to quit their country, 103-105. duty of, in advancing glory of their

country, 9?. right of, to protection, 5,6, n. (15). 95,

Seo Nation. right of, when the nations submits to a

foreign power. 94. interest ol a nation in the conduct ol tier

citipens, 161. duty ol sovereign to revenge injuries ol,

161,162.

his duty to protect, 162, to prevent them offending citizens of

other nations, f'b.

CHIZFN. (continued) acts of individuals not to be Imputed to

the nation, Ib otherwise, il ratified, ib. conduct of InJured party, /b. may punish aggressor, /b. duty of aggressor's sovereign herein.

163.

should enforce reparation, ib. when should deliver up offender, ib. sovereign refusing justice becomes a

parly to ttie wrong. Ib. nation may be guilty of her citizens'

crimes. wlon, 1C4, and n. (10G). duty of citizens in supporting olory of

their nation, 91.

CIVIL WAR. what, 42?, 424.

distinction between, and rebellion. 424. sovereign's right against rebels, 4??, public commotion, insurrection, and

sedition, ib.

meaning thereof, f'b,

sovereign, how to suppress them. f'b. of amnesty to offenders, 423, 426. sovereign's obligation to perform his

premises to rebels, 423. effects of civil war, 425, 426, produces two independent parlies, 425, each bound to observe the laws ol war,

/b. consequences of not observino them,

425,10427.

exception from amnesty in case ol subjection, 426, interference ol foreign nations. 427. may interfere to restore peace, ib. wtien may assist either parly, ib.

CLERGY. See Ecclesiastics, Religion,

CODE.

no general Inlernalionel code, ov. in note,

ancient codes on parts of the law ol nations, ib. as lo the maritime law, /b. but these imperfect, f'b.

COLONIES. Seo Country. establishment of. 101. relation of, to mother country, ib. commerce with, 42, end note.

COMMERCE, wtiat.37,43.

home and foreign trade, 37, ulilily of the home Iradti, ib.


COMMERCE, (continued) of tho foreign tfede. ib.

obligation to cultivate. 37.143, 144.

foundation of the laws of. 37.143.

right ol buying and selling, 38,144.

distinction between these rights, 38.

rig/if ol buying imperfect. 39.145.

moral obligation herein, 38 and n. 3G.

prohibition ol foreign merchandise, 39.

each slate may prohibit entrance of, 39. and n. (37), 144.

or choose how far it will engage in commerce^.144. Offiwdom oftfado, 144, end n. (97).

commerce with colonies of parent stale, 40.

right to foreign trado, how acquired, 41, 145.

necessity of commercial treaties, 40, 145. Soo Commercial treaties.

laws relating to commorce not subject to prescription. 40.

so ol rights founded on treaty. 41.

exceptions thereto. 43. 01 monopolies, ib.

generally unlawful, ib.

right of sovereign to orant, when, ib.

suppression ol, when, 116.

ol commercial companies how far beneficial, 14?.

of foreign monopolies, 4?, and nole. Of1/10 balance of trade, 43.

government should encourage advantageous trade, Ib.

should lay restraints witore disadvantageous, 43. and n. (4?).

what an advantageous trade, 43.

wlial a ruinous trade. Ib.

ol Import duties, ib.

COMMERCIAL TREAIIES. See Commorce -necessity ol. 40.

rule respecting commercial treaties, 145 duty of nations In making them, 147. duration of. 145. revocation of, 146. distinctions as to, ib. of granting right to third parly contrary

to treaty. 14G. of RbridginQ commotce in favour of

another nation, ib. or of appropriating a particular branch of

trade,147.

COMPROMISE, Seo Nation. what, ?76,

CONDEMNA110N. See Prize Court. sentence of. 166 requisites of, ib. necessity ol.locompletotillelocapture, 166, 385. and notes.

CONGRESS. wtial, 278.

CONQUES1, what. 365. distinction between, and booty, ib.

CONSCIENCE. law of. the law of nations, Iviii. to Ix. See Lawol Nations. liberty of, in religion, &6.61. See Religion

CONSinmiON, See Stale, what, 8,

right of nation to change, 10. legislature cannot, ib.

CONSULS. who,147.

appointment of, /b. right to appoint sliould be stipulated for

ib. must not be subjects ol slate where they

reside, 148,

are accountable to their sovereign, ib. when entitled to tho protection of the law

of nations, ib. exemption from criminal justice when.

/b.

CONTRABAND GOODS. what, 337. sel/ure and confiscation of, 337, 338.

CON1RAC1,

construction of foreign contracts, 173. n enforcement of, ib. arrest here on contract, though not per-mitled in country where made, ib. Invalidity of. wlien In favour o( alien enemy, 414.

CONIfllElUIIONS, See Enemy. what, 366. oltho riot it to lovy./b.

CONVENT ION, Seo treaty. wtiat.218.

of those made by sovereigns, ib. by subordinate powers, ib. who are subordinate powers, ib. wl ien made in the name of the sovereign ib.


CONVEN110N, (continued) or by virtue of their office. ib. power to make. how acquired, to. by public persons without sufficient

powers, 19. when or not valid. Ib. of tacit or express ratification thereof, ib of an agreement called sponsio, Ib. foundation of. 219.2?0. slate nol bound by, 2?0. to what promiser Is bound, when it ts disavowed, ??0 lo ??3 to what tho sovereign Is bound. ??3 lo ??G,

private contracts of sovereiQn, ??6, subject to sanie rules as those of private persons, ib.

contracts made by sovereign with privale persons in name of state, ib ere binding on a nation and his successors. ??7. debts of the sovereiQn and slate, it). donations of tho sovereign. 2?8. restriction end revocation of, ib. of conventions during war. 404. Seo War.

of conventions relating to ransom of prisoners, 419. See Ransoni-

CONVEN1ION LAW. Sec Treaty, what, Ixiv.

binds onry the contracting parties, Ixv andn.

CONVENIS.SeoPope/y. COnPOFWIION.

property of, 113, Seo Properly,

right of, to alienate same, 113,114,

sovereign's power over, 113.

members ot, 114.

right of, to make regulations, ib.

obligation of, lo preserve corporate property. 115.

expenses ot. and how borne, ib.

COUN1RY,

wtial, 53,101,103.

how understood in the lawol nations, 54

love of country. 5?, 103, In Individuals, &3, in the nation end sovereign, ib.

Injury to, 54.

possession of by a nation. 98. exclusive right thereto, ib. comprehends Iwo things, /&-right of domain and empire, 96, 99, acquisition of sovereignly in a vacant country. 99,

COUN1RY. (continued) empire over. acquired with domain, ib.

another mode of acquiring It, /b. how a notion may appropriate to itself a

desert country, ib. must bo by possession, /b. of possession wt icre occupied by a lew

wandering tribes, 99,100,101. ot colonies. 101.

become a part of the mother country.

ib.

Oftlw several things folaling to country, ib. citizens, wtio are, f'b. natives, wtio are, ib.

children born of citizens, their rights, ib. of foreigners. tb. inhabitants, who are. 102, distinguished from citizens, ib. ol foreigners permitted to nettle there, ib. their duly to defend the slate, ib. enjoy only the advantages given by the

law, &c.,/b-

pcrpotuat inhabitants, who, ib. their rights, /b. rights of. pass to their posterity, ib. Naturalization, what. 102, and n, 58. by whom granted, 10?. ol imperfect naturalization, /b. ot naturalization by birth, ib. In England end Poland, /b. Children of citizens born in e foreign country, Ib. Children born at sea, /b-when in parts belonging to the nation, ib, on the open sea, ib. vessels of a nation a part of its territory,

/b.

children born therein, born within its territory, ib. otherwise, if born in foreign vesel, &c.,

Ib. unless in a port belonging to llieir own

nation, ib.

Children born in the armies of the stale. 103 are born In tho country, f'b. so II born In tlie house of Its minister at a

foreign court. 103, Settlement, ib.

what, /b.

is a fixed residence in any place with intent of always staying there. ;b.

how established, ib.

may transfer his settlement, f'b.

how distinguished from habitation, /b.

of natural or original sfrttlennenl. ib.

ol acquired settlement, ib. Vagrants, ib.

wtio are, f'b.

are people wl 10 have no settlement, ib.

y'fWE'"".fi .."-.,-, ,


COUN1RY, (Vagrants continued) children of, have no country, ib.

wtien country ol, that o( parent, ib. When a parly may quit his country, 103,

104.

In general has a right to do so, 104.

as on arriving at years of discretion. It).

must nol endanoor its welfare, ib.

distinction botweon internal end external obligation, ib.

should not quit, exxcepi from necessity, fb.

of abandoning country at a lime of danger, fb

right ol counliy to punish, Ib. and n. 01 temporary absence from, 105,

right thereto in time of peace, ib.

return w1 ien public interest requires it, ib

variation in political laws herein, ib.

these laws must be observed, ib.

when passports requisite. Ib. Cases where a citizen has a right to quit his country, Ib.

wtien he cannot procure subsistence there, ib

Whore body ol society fail to discharge their obligations towards him, I'D.

or attempt to enact laws he is nol bound to submit to. 10C,

Instances herein, ib.

wliereonlyonereliolonallowed. 100,57.

where popular slate wish to have a sovereign, 106,11.

or to submit to a foreign power. 106.94. Emigrants, 10G

who are, /b.

sources ol right to emigrate, fb.

Is a natural right, ib.

or arising from a fundamental law of the state, fb.

or from a voluntary grant to the sovereign, ib.

by treaty from foreign power, 106.

on account of religion, ib.

or where one stale refuses lo receive those ol another, 106,107.

right lo emigrate, how infringed, 107. Supplicants, ib.

who are, ib. Exile and Banlshnwnt from. ib.

who an exile, ib.

one driven from place of settlement, but without a mark of Infamy, /t.

banishment, what, ib.

a like expulsion with mark ol Infamy, 107, and note.

time of, 107.

distinction botweon exile and banishment, ib.

COUNIRY. (Ex/to and Banishment, cont) exile somellme'i B punishment. Ib. banishment afways one. ib. exile Is either voluntary or involuntary,

107,108. voluntary when to escape punishment,

107. Involuntary when the effect o! a superior

order, 108. limit of. as to place. Ib. exiled and banished man has a right to

live somewhere, ib. nature of this right, ib. is of an Imported kind, ib. right of nations lo refuse him admittance. Ib.

duty of nations towards him, ib. cannot deprive him of necessaries, ib. or punish tor faults committed out ot

thoir territories, 109. unless they aflect tho safety of mankind,

ib. of the delivery up ot offenders, 109. arid

note.

COURT OF HONOUR. establishment of, proposed, 65,86,

COUR1S OF JUS'1 ICE. Seo Justice. establishment of. 76, 79.

CREDEN11ALS, Soo Minister. what, 461. wtien new credentials necessary, 500.

CULTIVA110N. utility of tillage. 34. advantages of, as a source ot wealth.

ib.

regulations necessary In respect of, ib. distribution of land, ib. protection of husbandsmen. 35. should bo placed in an honourable light,

ib. cultivation ot the soil a natural obligation,

ib.

of public granaiies, 3>, propriety of establishment of, ib. management of, ib.

CURRE:N1 OF RIVERS,

works lending to obstruct, unlawful. 122. of preventing alteration In. 122, note. right to soil on change of, 121,12?,

CUS10MARYLAW. what. Pref, Iw. how Tar binding, Ib. foundation and extent of, /b.


CUS1 OMARY LAW, (continued) consent to, when presumed, hcvl.

DEGRADATION, suggestions as to. to prevent duelling, 86.

DEMOCRACY, See Government, what, 2. empire kept by body of nation in its own

hands, ib. also called e popular government, ib.

DESERTERS, punishment of, 299.

DOMAIN. See Country. Properly. oi the right of. 163. Seo Obligations and Rights-

DONA110N,

of the soveieign, wtial, ?Q. distinction between end debts of. ib. should be with a view to public welfare,

ib.

revocation of, ib. Immunities end privileges in nolure of.

fb. revocation of. ib.

QUEUING. condemned, 84, means of pulling e stop lo this disorder.

84 lo 86.

suggestions respecting, 84, 85-ot establishing a Court of i lonour. 65.86

ECCLES1AS11CS- See Religion. Popory. ol the sovereign's authority over, 63, &4 nature of this authority, 64. lule lo bo observed with respect lo, it>. should be subject to the public power, fb tho sovereign's duty towards them. ;b Iheir duty lo tho stale, fb reasons establishing sovereign's right

over, 64, 65.

authorities and examples, 65. pernicious consequences ol a contrary

opinion, /b. abuses therefrom particularized, 65,66.

ELEC11VE STATE, what, ?3. the right of choosing successor on death

of sovereign, ib. elective kings, real sovereigns, 24,

EMBASSY, riglil ol. what, 45?, of sending and receiving public ministers, /b. of the necessity thereof, /b, done by tlie agency o( public ministers,

/b.

explanation of term minister, 453, of the right of sovereigns to send end

receive public ministers. Ib. right not taken away by unequal alliance,

/b.

or by a treaty of protection, /b. right of princes end stales herein, ib. cities lhal have the right of banner, 454, of ministers ol viceroys, 455. right of regents during an interregnum,

Ib. molestation fn exercise of riQhl, an injury

ib, what allowable in this respoct in time of

war. 455, 450. minister of friendly power lo bo received.

456-

ol resident ministers, ib. how ministers ol an enemy to be admitted, 457. from a usurper, when, 457. 456, instances herein, /b.

EMIGRANT. Soo Country.

who ere emigrants, 100.

right to emigrate, 106,33-

sources of Iheir rights, 10C-irom law of nature, ib. or fundamental law of the slate, f'b-from voluntary grant ol sovereign, ib. or from treaty with foreign power, fb.

Infringement of llieir right, 107. remedy (of that infringement, ib.

ENEMY, Who fs an enemy, 3?1. and note. distinction between public and private

enemy, 321. all subjects of two states at war are

enemies, /b

and continue so in all places, ib. except In a neutral state, ib. women end children ere enemies, 321.

351.

how to be treated, 321, 362. in case of sovereigns, 363 Of things belonging lo tfw enemy, 322. belong to lire nation at laroe, fb. continue such everywhere, /b-wlien otherwise, /b. neutral tilings found with enemy not lo.

ib..


ENEMY, (condnuod) lands possessed by foreigners in

enemy's country, ib. things duo to the enemy b/a third parly,

32?,323.

Of the enom/s ellios, 323. treaties of alliance In war, 323, 324. defensive and offensive treaties, 324-severai kinds of, 323, 324. difference between warlike associations

and auxiliary treaties, 324. auxiliary troops, what. ib. subsidies, wlial. ib. tteaties respecting, ib. wtien a nation allowed to assist anolhor,

ib.

ooneral principle heroin, ib. when to make alliances for war, 324-5. of alliances made wilh nation actually

engaged in war,325. 333. alliances In time of peace, 325. 333, tacil clause in every alliance, 325. refusing succours when no breach of

alliance, 326. casus focderis. what, ib. never takes place In an unjust war, 32G,

330.

how IE exists in a defensive one. 32G, or in a Irealy of guarantee, ib. of granting or refusing succours. 32C,

327. of two parlies in alliance coming to a

rupture, 327.

duty o( third parly herein, ib. of the enen-i/s associates, 326. who deemed such. 326 to 331. those who make common cause with

him, are, 328. or assist him, without being obliged to it

by treaties, ib. Of ere in an offensive alliance with him.

329, how a defensive alliance associates witli

the enemy, ib. in what case it does not produce the

same effect, 329, 330, whether necessary to declare war

against enemy's associates, 331, Of the right over Ihings belonging lo tho

enemy. 304. SOD War Of levying contributions on enem/s country. 366. See War. Of faith bchvoen enemies, 327. Soo War.

ENLISIMENI. Of troops, 294.

in foreign countries, 298.

ENVOY, who,460. rank ol. /b-are ordinary or extraordinary, ib. the latter held in greater consideration, ib.

Eounv, coum OF, bill in, lo enforce treaty, not sustainable, v. in note,

ESCHEAIAGE. what. 176, and note-doctrine of, ib.

EXCHANGE, Sec Money end Exchange, of money, what. 47. a custom of merchants for remitting

money, /b.

should bo supported by good: laws, ib. duly of nations herein, ib.

EXCOMMUNICATION. See Popery. abuse of tho F'ope's power herein, 73. of men In office, foot sovereigns. Ib. instances of abuse, 74-abuses not confined lo Popes, ib. instances hereof, 74, 75. in nole,

EXEMPTION, from canying arms, 295.

EXILE, Sec Eianishmen[, who @n exile, 107. distinction between and banishment,

ib.

one driven from place ol settlement, ib. but without mark of infamy, ib. time of exile unlimited, /b. when a punishment, ib. Is voluntary 01 involuntary, ib. 108. invotunlafy, where effecl of superior's

order, <b.

when limited to place, ib. right of. lo live somewhere, ib. though right onty an imperfect ono. ib. nations may refuse him admittance, ib. but not without good reasons, ib. cannot punish lor offences corrirnitlod

out of their territories, 109. except for safety of mankind, ib. of delivery up of offenders, 109, and

nole, E.X1EHNALLAW, whal. Ixii.

distinction between, and internal. Ixii, exfeniel law relates to men, /b. Internal to the conscience, ib.


FALSEHOOD, wliat, 372, 373. distinction between, and a lio, 37?. when bound to speak the truth to an an enemy, 373, See Enemy.

FEDERAL REPUBLIC. wtial.3.

a union of independent stales by a perpetual confederacy. 3.

FEUDA10RYS1ATES, what, 3.

one doing homage to B foreign power, 3, though still e sovereign slate, ib.

FOREIGNERS, described, 171. rules with respoci to, 171. conducl slate should observe towards.

ib.

right of. to enter terriloty. 172. subject to the laws, 72,173. and punishable according lliereto, 172. disputes ol, how judged, 172, end note. prelection due to, 173. their duties towards the state, It}. to what burthens subject, 174, continue members of their own

country, ib.

slate has no right over persons of, ib. nor over personal properly ol, Ib. who are the heirs of a foreigner. 175. right of, to make a will, ib. will, how affected by law of counlry, ib. of escheatage, or doctrine of alienage,

176. and note.

of the right, of/rate foraino, 177. of Immovable properly possessed by,

177. and notes.

cannot Inherit real property. 177, note-exceptions thereto by treaty, 177, note. mamaoosof. 177. validity, and proof of, 177, note.

FOREIGN JUDGMENT. effect of, and proof thereof. 16G note. English proof on this subject, 1GC. fn notes,

FOREIGN LAW, how proved. 173 and note, 177, note.

GLORY,

of a nation, what, &1. advantages of, Ib. duly ol nation to establish. Ib. how acquired, /b. duty of (he prince herein, ib.

GLORY, (continued) of the citizens, 92, example of the Swiss, ib. attacking the glory of a nslion, 93.

GOVERMMLNf. OftfiQ sowral hinds of. 2,

1. Popular or Denwcrelic. ib. wlial. ib.

en iptre kept by bodyolnation in its own hands, ib.

2. Aristocratic, ib. what ib.

where intrusted to a number of citizens, ib.

3. Monarchical, ib. what, ib.

where power in a single person, ib. Pn'ncipal ob/GCts of. 33.

1. 7o provide for necessities of nation, ib duty of sovereign herein, ib. should procure plenty, ib. and lake care there bo sufficient workmen, 33. should prevent emigration of those

useful, ib. and punish emissaries enlicing them

away, 34-should encourage labour and induslry.

ib.

2. To procure happiness of nation, 47.

nation should labour afler its own happiness./b.

should instruct people, 47, 46.

educate youth, 48.

examples of ancient slates herein, ib.

should foster and encourage Ihe arts and sciences, ib.

allow freedom of philosophical discussion, 49.

Inspire a love of virtue, 51.

a hatred of vice, /b.

hereby Intention of rulers discovered, /b.

state, &c. should perfect Its understanding and will. 52,

and direct knowledge of citizens to its welfare, ib,

should inspire them with the love of counlry, 52, 53,

so In each Indrvlduel. 53.

Ihe like between the nation and its sovereign, /'b.

definition of term counlry, 53. 54,101. 103,

man's duly towards it, 54.

criminal to Injure one's counlry, ib.

the glory of good citizens, ib.

examples, ib.


GOVERNMENT, (cw)tinuod) 3. 1 oforf i fyilsof against oaloftia! attacks,

87.

of national strength, it). how constituted, f'b. by number of citizens, ib. their military virtues, ib. and their riches, ib. increase ol population, and how

effected, ib.

of national valour, 66> 89. other military virtues, 89. In wtiat consists the wealth of a nation,

ib., 90.

not in revenues of sovereign. 89. but in that o( individuals, 89, 90, strength of slate increased thereby, 90 when may be employed In delonce ol

the slate, ib.

state should have Income proportionate to its expenditure, ib. ol the public revenue and taxes, ib. should not increase its power by Illegal

means, ib.

power of nation relative. 90. should bo measured by that of Its

neighbours, ib. or those from whom It has any thing

to lear, ib. Is sufficiently powerful when it can

resist allacks, ib. of the prudence requisite herein, fb,

GFIAMARIES, propriety ol establishing ol 30.

GUAriANIY.Seo treaties, for observance ol treaties, 235. whal./b. gives tlio guarantee no right to inlorlore,

fb.

nature of the obligation it Imposes. ?36. cannot impair tho riglils of a third party,

ib. duration of Ihe guaranty, ib.

HARBOURS,

of seashore, to whom belonging, 129, 130.

HERronARY S1A1E. Soc Successive Stole. what. 24. origin of, ib.

wlien may bo changed, f'b. of renunciations, ?5, how far binding, f'b. of regents, ?7. who to decide disputes respecting

I HREOnARY S1AU. fcwtf'/K/pi/)

succession, ili. foreign powers ought not, 29,

UOSF'nALS, Soo War. erection of. for invalids. 296.

HOS1AGE:S.Soo1reaty. who are such ?38, 239-given for observance of treaties, ib. of the right over thorn. 239, their liberty alone pledged, Ib. when they are to be sent back. ib. whether they may bo detained on any

other account, ib. may be detained for thoir own actions,

240.

of their support, ib. to be provided by parly giving, ib. subject cannot refuse to be, 241. but a vassal may, Ib.

who may give and receive hostages, ib. rank of hostages, ib. ought not to escape, ib. on escape, should be sent back, 242, death of. whether to bo replaced, Ib. of him who lakes the place of, ib. ol a hostage succeeding to the crown,

ib. to be released on delivery of another

sufficient hostage, ib. liability of, ends with treaty, ib. violation of treaty en injury to the

hostages, 2-13.

abandonment of, by sovereign, f'b-compcnsation due to them thereon./b. fale of, when he who has given them fails

in his engagement, ib. may transfer his allegiance, ib. life of, cannot bo taken, /b.

IMMUNII US. See Popery. abuse of popish clergy In respect of, 71 attempt of, lo escape from political

authority, f'b. of thoir church possessions, 72, 73,

IMPFRFEC") NAniRAUPAIION, what, 102.

INHABITANT Seo Country. who doomed such, 102, the foreigners settled in a country, ib. their rights and duties, ib. are liable to the laws, ib. are bound to defend the slate, f'b. of perpetual inhabitants, ib. win QIQ such, f'b. children ol, their fights, fb.


INHERIIANCP. Sw Properly. riglil of parlic-s to bequeath properly,

11G,

limitation of right, ib. lawol, in England, 116, note.

INS1 RUCTIONS. Seo Minlsler, Public. to public ministers, what, 461,

INTERNAL LAW OF NA110NS.

what, tviii. why so called, ib.

IMILRNALPOHCr, what, 63,

essential to preserve order, ib. regulations to enforce, Ib. I iolland instanced. ib.

INIERNAIIONAl-COURI. difficult to establish, tviii. observalions hereon, ib.

JURISDICItON, of a nation, 166. nature and extent of. ib. nalions should respect right of, ib. effect of. tn foreign countries, ib. and n., (107).

JUSPOS1L1MINIUM.

right of defined, 392.

foundation of right. ib.

duly ot sovereign herein, ;t>.

how right takes eflecl. 393.

whether among allies, ib.

of no validity in neulrat nalions. 393.

what things rocovorablo by this riohl, 394.

right wlien presumed lobe relinquished, ib.

of persons wt 10 cannot return to right of, /t),

bul enjoy it when retaken, ib.

whether right extends to propoity alienated by enomy, 395.

distinction between moveable and immovable property, ib.

whether a subdued nation can enjoy this right, 39G.

distinction herein, ib.

right for what is restored at the peace, 397.

lor things cedod to the enemy, ib.

does not exist on conclusion of peace, ib.

why always In force for prisoners, ib.

how rights of prisoners subsist. 390

will of prisowr ol WM, ib.

JUS POS1LIM1NIUM, (continued) marriage not dissolved by captivity ot

one of the panics. ft>, regulations respecting right of. established by treaty or custom, ib.

JUSIICfrANDPOinY, necessity lor observance of. 77,160. a nation ought to make justice reign. 77 methods ol doing so, ib. by establishing good laws, ib. by enforcing execution ol thorn, 77, 78, duty of prince In tins respoct. 78-how ho is to dispense juslice. ib. should appoint enlightened end upright judges, ;t>. ordinary courts should determine revenue causes, 79. should establish supreme courts, ib. ot the right of appeal, ib. prince should preserve forms ot justice.

80.

should support authority of judges, ib. ot cfisMhutirfe justice, ib. meaning ol term, /t.

should regulate distribution of employments and rewards, Ib. of the punishment ol transgressors. 81 -foundation of right to punish, ;(i. who to punish, ib. ot the criminal laws. /b. nocesslly ol. to prevent crime, fb. ol tlio degree of punishment, ft?. should bo limited lo safely of stale, ib. should bo proportioned to guill of parly,

ib.

should not bo sanguinary, ib. consequences thoreol, lib. execution of the laws, 6?. 83. to whom belongs, 6?. duty in this respoct, 62, 83. should not aggravate the sentence. 83. ot pafdonlrig./b.

an attribute of the sovereign, ib. how to bo exercised, ib. of the internal police, ib. in what It consists, ib. regulations to enlorce, ib. Holland instanced, ib. of duelling w single combat, 84, custom of, condemned, ib. means of pulling a slop to this disorder,

84-87. ol tho observance of Juslice between

nalions, 160. necessity lor observance ol, ib. obligations ol nations lo cultivate it, ib. riglil of refusing lo submit to Injustice, Id,


JUS11CE AND POLHY, (continued) right a perfect one, end produces, ib. the right of defence, Ib. the right of doing ourselves justice, ib. right to punish injustice, ib. righl of nations agalnsi one that openfy despises justice, ib.

KING. SQO Sovereign, Sovereign State.

LAKE, Sec Rivers, Streams, and Lakes. propriolois of, who, 123. of (lie Increase of lakes, ib. of the land formed on banks of. 1?5. to whom belonging, ib. where bod of. dried up, ib. Jurisdiction over lakes and rivers, ib.

LAW OF NA1 IONS. defined, Iv.

ideas and general principles ol the law of nations, Iv. Mil. what meant by e nation or slate, Iv. It is a moral person, /b. definition of the law of nations, ib. general viow of, and how ascertained,

Ib. n. (1). present sources ol information thereon.

TV.

violalion ol. when a ground of war, /b. no permanent or general court of. ib. teaches rights and obligations of nations, Iv. in note. knowledge of, essential, ib. how knowledge of, ascertained, /b. Christianllythe unfailing rule in construction of. /b. In Great Britain held to be part of law of

the land. /b. sources of information respecting,

enumerated, ib. In what light nations considered. M. In what laws it originally consisted, ivi. originally tho law ol nature, ib. though limited. &c,, by circumstances.

fb.

definition ol the necessary law of. tviii. application of, to nations, /b. intonial law of nations, what, ib. natural law of, what, ib. It Is immutable, /b.

nations cannot make change in, f'b, nor dispense wilh obligations arising

from (t, f'b.

treaty, &c., contravening, unlawful, lix, when otherwise, ib. Society established by nature between all

mankind, ib. as between men, ib.

LAW OF NAIIONS, (continued) as between nations. Ix, obioct of this society of nations, Ixi, general obligations herein. Ib. 1, to benefit other nations without

prejudice to Itself, Ixil. P. the peaceable enjoyment of

tiborly and independence, /b. eKect of that fiber!/, Ixii., 3G7. nation may judge for itself, ib, of making war for Injuries to, Ixfv. extent olthal right, ib. Distinctions between internal and external perfect find imperfect obligations and rights. Ixii. internal obligation binds the conscience,

ib.

external relates to men, /b. internet obligation is ol the same nature,

ib.

though varying in degree, ib. external is divided into ported and imperfect. ib. perfect, what. ib. imported, what, f'b, Equality of nations. Ixiii. all naturally equal, ib. and inherit the same obligations and rights, fb.

without regard to power or weakness. ib.

effed of that equality, f'b. each nation mistress of her own actions, ib. when rights of others not affected thereby, ib. Voluntary law of nations, ib. end note. what meant thereby, ib. riohl of nations against infractors of, Ixiv. right of declaring war, /b. measure of that riohl, ib. Convontionallaw of nations, Ixv. and n.

(Ixlv). what, and who bound by, Ixv. Customary law of, Ib. founded on a tacit consent, /b. how distinguished, ib. general rules respecting, Ixv. how far obligatory. Ixvi. when may bo relinquished, /b. Positive law of, /b. is of three kinds, /b. voluntary, ib. cuslomary, /b, conventional, ib. from whence proceeding, f'b. deduced from the will of nations, f'b. distinguished from natural or noces-

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LAW OF NA110NS, (continued) sary law o( nallons. Ib. General maw'm respecting use of necessary and voluntary law of nations, ib.

LEGISLAIIVE POWER. what. 11. to whom intrusted, b.

may be to the sovereign, ib.

or to an assen-iNy, Ib.

or to bolh jointly, ib.

right of, to change the constitution, ib. only extends to civil and political laws.

Ib. and not to fundamental laws. ib.

LEI ICO OF MARQUE, See Reprisal, wtial, ?85.

LIE. distinction between, and mere falsehood.

372,373. wtien bound to speak tlie truth to an

enemy. 373. See Enemy.

MANIFES10E8, what, 319.

MARII IME LAW,

ancilent codes relalino to, rv. in note. Is Imperfect, ib.

MARRIAGE,

of aliens, 177, and note. validity and construction of, In England,

166. note. 177. note. how proved, 177. note-not dissolved by captivity of one of the

parlies, 398..

MEDIA"! ION, what, ?76.

In lime of peace, ib. in time of war, 437,

MERCENARY SOLDIERS. who.?97.

MILHARY DISCIPLINE, importance of, considered. ?99.

MILnARYLAWS, necessity ol. considered, ?99.

MINIS1ERS, PUBLIC, who a'e, 453.

of the several orders of, 459. their origin, ib. their representative character, ib.

MINIS1ERS, PUBLIC (continued) 01 ambassadors. 459, Seo Ambassador are ordinary or extraordinary, ib. distinction herein, ib. privileges of, and rights, ib., and n, (46-1). Ofenvoys. 460. are ordinary or extraordinary, ib. importance ol the latter, ib. Of residents, ib. of ministers simply so called. Ib. representastive character of, ib. distinction between and ministers extraordinary, 460, 461. of consuls, agents, deputies, conimis-sioners, &c., 461. credentials, wtiat./b. character of minister known by. ib. Instructions of, defined, ib. wfiat they contain, ib. RiQhtofsendingambQssadors.W2.AG? 01 the rights, privileges, arid immunities Of, 464. of tlio respect due to them, ib. persons of. sacred and inviolable, ib. privilege of. from arrest, 459, note. particular pfoloclion duo to him, 465. Injuries to, how redressed, ib. when protection to. commences, 406. what due lo them in countries through which they pass, to. Of ambassadors going to an encm/s country, 467. when may be arrested, ib. instance of arrest, ib. of embassies between enemies, ib. necessity for, ib. Of heralds, trumpeters, and drummers. 468,

are privileged messengers, ib. persons of, to be respected, ib. even in civil war, 468, 469. may be refused admittance, wt icn. 4G9 appearance of Insult to, should bo avoided, tb. by and to whom they may be sent. 470. Independence of foreign ministers. Ib. how they should behave, 472, independence of. not to bo converted Into licentiousness. Ib. must conform to the customs and laws of the country, 472, 473. so far as consistent wild his mission, 472,

lamponng with fidelity of. 473, Bribery of. and when excusable, 473,

474.

of making presents, &c, by, ib. How punisheblo. 475, 478,


MINiS^RS, PUBLIC, (continued)

1. for ordinary liansgresslons, 475. ?, lor ollences against the prince. Ib.

right of ordering away, /b.

or of repressing him by lorce. II he bo-haves as an enemy, 476.

or where he forms dangerous plols and conspiracies. Ib.

instances of dismissal, 477.

what may bo done to him, according to the exigencies of the case, 476.

of ambassador attempting the life of the sovereign, 479.

inslances respecting irnmunitios of public ministers, 480, 481.

what reprisals may bo made on. 481.

why not in general ponriitted, 461,48?. Agreenwnts o! nations rosf:>octing privileges of. 48?.

allowed the tiee exercise of his religion. 483.

exemption of, horn imposts, 484.

to whal exient. Ib.

this obligation founded on use and custom. 485. O! secret ministers, ib.

rights and duties of, 485, 48G.

of a sovereign In a foreign ountry, 460,

conduct to bo pursued towards, ib.

his rights, privileges, and security, 486, 487. Of deputies to slates, 487.

rights and immunities of, ib.

safety to persons of ib.

MINISIERSOr RELIGION, Soo Religion,

MISSIONARIES, of their employment in religious mailers,

158. of refusal of admittance lo them, ib.

MONARCHY. Soo Government. defined. ?, a government confided to one person, 2

MONEYANDEXCHANGE, 01 the establishment of money, 45. utility and convenience of. /b-commorce facilitated by. ib. duly of nation with respoct to coin. /ib. impression on the seal of Its standard

value, ib. should be coined in sovereign's name,

ib.

amount ol coinage, ib. of increasing value of, wl icn inexpedient

ib. rights in respect of, 46.

MONE.-YAND EXCHANGE, (continued) slate alone has the right ol coining, ib. ol counterfeiting coin, ib. an oltence against the sovereign, ib. though made of standard value, /b. coining a prerogative ol majesty, ib. how one nation may injure another In the