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ABSENCE.S&e Country. ol the riQht of
individuals to quit thoir country, 103. &c.
AGREEMCN1. See Irealy,
AltEN ENEMY. 323. Sec Enemy. Al IENAGE, 176.
of public property. 116, Seo PtOporly.
obligations ol, 6, in note. of subject to a
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.
are ordinary or extraordinary. Ib.
rights, privileges, and immunities ol, 464.
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,
AMBASSADOR (continued) privileges of,
and servants Irom arrest,
459, n. (192). wt>en compelled to grve
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,
may commence a civil suit. 490. but should not
institute « criminal one,
ib. when a subject of state wt icre
ib. when or not subjoct to its
property of, also exempt. 491, 49?. when
otherwise, 492. not liable to claims arising from duties of
office. Ib. Imnwvable properly of, not
andn.(?01). witen exempt from distress, 493,
(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,
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.
duty of. with respect to, '190. 499,
when rights ol, expire, 500,
new credentials, when necessary,
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.
ARBHRAIION. wtiat, 20, 277
botwoon sovereign Br>d subjects, 20.
between nations. 277. general oblioations of erblt'ator's decision,
wnon not bindina, 277,276, congress, wtial,
AftlSIOCRAIIC RE-PUBLIC. Seo
Govortiment. what. 2.
empire inlrusled by nalion to a certain
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,
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
of Iho onomy, 3?6 Son Cnemy,
AUXILIARIES. wtial. 324, See Enemy.
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
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,
BAY, 129. 130. Seo Sea.
BILLOFE:XCHANGC, construction of, in Ihis
n.(111). effect of English Statute of
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.
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.
CASUS FOP; DE RIS, what. 3?6,
only lakes ptaco where war unJust, 3?G.
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
102,n.(59).SeeCili?en, born at sea. 102. See
Sea. born In armies of stale, 103, In the house ol minister al foreign
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.
Seo Nation. right of, when the nations submits
foreign power. 94. interest ol a nation in the
conduct ol tier
citipens, 161. duty ol sovereign to revenge
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
should enforce reparation, ib. when
should deliver up offender, ib. sovereign refusing justice becomes
parly to ttie wrong. Ib. nation may be
guilty of her citizens'
crimes. wl»on, 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,
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
/b. consequences of not observino them,
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,
no general Inlernalionel code, ov. in
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.
home and foreign trade, 37, ulilily of the home
COMMERCE, (continued) of tho foreign
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.
or choose how far it will engage in
commerce^.144. Offiwdom oftfado, 144, end n. (97).
commerce with colonies of parent stale,
right to foreign trado, how acquired, 41,
necessity of commercial treaties, 40, 145. Soo
laws relating to commorce not subject to
so ol rights founded on treaty. 41.
exceptions thereto. 43. 01 monopolies,
generally unlawful, ib.
right of sovereign to orant, when,
suppression ol, when, 116.
ol commercial companies how far beneficial,
of foreign monopolies, 4?, and nole. Of1/10
balance of trade, 43.
government should encourage advantageous trade,
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
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
another nation, ib. or of appropriating
a particular branch of
COMPROMISE, Seo Nation. what, ?76,
CONDEMNA110N. See Prize Court. sentence of. 166
requisites of, ib. necessity ol.locompletotillelocapture, 166, 385. and
CONGRESS. wtial, 278.
CONQUES1, what. 365. distinction between, and
CONSCIENCE. law of. the law of nations, Iviii.
to Ix. See Lawol Nations. liberty of, in religion, &6.61. See
CONSinmiON, See Stale, what, 8,
right of nation to change, 10. legislature
appointment of, /b. right to appoint sliould be
ib. must not be subjects ol slate where
are accountable to their sovereign, ib.
when entitled to tho protection of the law
of nations, ib. exemption from criminal
CONTRABAND GOODS. what, 337. sel/ure and
confiscation of, 337, 338.
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
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.
of conventions relating to ransom of prisoners,
419. See Ransoni-
CONVEN1ION LAW. Sec Treaty, what, Ixiv.
binds onry the contracting parties, Ixv
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,
obligation of, lo preserve corporate property.
expenses ot. and how borne, ib.
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.
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.
become a part of the mother country.
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
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,
children born therein, born within its
territory, ib. otherwise, if born in foreign vesel, &c.,
Ib. unless in a port belonging to llieir
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,
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,
wtio are, f'b.
are people wl 10 have no settlement,
COUN1RY, (Vagrants continued) children
of, have no country, ib.
wtien country ol, that o( parent, ib. When a
parly may quit his country, 103,
In general has a right to do so, 104.
as on arriving at years of discretion.
must nol endanoor its welfare,
distinction botweon internal end external
should not quit, exxcepi from necessity,
of abandoning country at a lime of danger,
right ol counliy to punish, Ib. and n.
01 temporary absence from, 105,
right thereto in time of peace,
return w1 ien public interest requires it,
variation in political laws herein,
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,
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.
where popular slate wish to have a sovereign,
or to submit to a foreign power. 106.94.
who are, /b.
sources ol right to emigrate, fb.
Is a natural right, ib.
or arising from a fundamental law of the state,
or from a voluntary grant to the sovereign,
by treaty from foreign power, 106.
on account of religion, ib.
or where one stale refuses lo receive those ol
right lo emigrate, how infringed, 107.
who are, ib. Exile and Banlshnwnt from.
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
time of, 107.
distinction botweon exile and banishment,
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
107. Involuntary when the effect o! a
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
thoir territories, 109. unless they aflect tho
safety of mankind,
ib. of the delivery up ot offenders,
COURT OF HONOUR. establishment of, proposed,
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.
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
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,
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
DEMOCRACY, See Government, what, 2.
empire kept by body of nation in its own
hands, ib. also called e popular
DESERTERS, punishment of, 299.
DOMAIN. See Country. Properly. oi the right of.
163. Seo Obligations and Rights-
of the soveieign, wtial, £?Q.
distinction between end debts of. ib. should be with a view to
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,
ELEC11VE STATE, what, ?3. the right of choosing
successor on death
of sovereign, ib. elective kings, real
EMBASSY, riglil ol. what, 45?, of sending and
receiving public ministers, /b. of the necessity thereof, /b, done by tlie
agency o( public ministers,
explanation of term minister, 453, of the right
of sovereigns to send end
receive public ministers. Ib. right not
taken away by unequal alliance,
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
Ib. molestation fn exercise of riQhl, an
ib, what allowable in this respoct in time
war. 455, 450. minister of friendly power lo bo
ol resident ministers, ib. how ministers
ol an enemy to be admitted, 457. from a usurper, when, 457. 456, instances
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
and continue so in all places, ib.
except In a neutral state, ib. women end children ere enemies,
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.
ENEMY, (condnuod) lands possessed by
enemy's country, ib. things duo to the
enemy b/a third parly,
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,
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
alliance, 326. casus focderis. what, ib.
never takes place In an unjust war, 32G,
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
duty o( third parly herein, ib. of the
enen-i/s associates, 326. who deemed such. 326 to 331. those who make common
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
the enemy, ib. in what case it does not
same effect, 329, 330, whether necessary to
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,
Eounv, coum OF, bill in, lo enforce treaty, not
sustainable, v. in note,
ESCHEAIAGE. what. 176, and note-doctrine of,
EXCHANGE, Sec Money end Exchange, of money,
what. 47. a custom of merchants for remitting
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,
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
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,
FALSEHOOD, wliat, 372, 373. distinction
between, and a lio, 37?. when bound to speak the truth to an an enemy, 373, See
FEDERAL REPUBLIC. wtial.3.
a union of independent stales by a perpetual
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.
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
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,
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.
1. Popular or Denwcrelic. ib. wlial.
en iptre kept by bodyolnation in its own hands,
2. Aristocratic, ib. what
where intrusted to a number of citizens,
3. Monarchical, ib. what,
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
useful, ib. and punish emissaries
away, 34-should encourage labour and
2. To procure happiness of nation,
nation should labour afler its own
should instruct people, 47, 46.
educate youth, 48.
examples of ancient slates herein,
should foster and encourage Ihe arts and
allow freedom of philosophical discussion,
Inspire a love of virtue, 51.
a hatred of vice, /b.
hereby Intention of rulers discovered,
state, &c. should perfect Its understanding
and will. 52,
and direct knowledge of citizens to its
should inspire them with the love of counlry,
so In each Indrvlduel. 53.
Ihe like between the nation and its sovereign,
definition of term counlry, 53. 54,101.
man's duly towards it, 54.
criminal to Injure one's counlry,
the glory of good citizens, ib.
GOVERNMENT, (cw)tinuod) 3. 1 oforf i fyilsof
against oaloftia! attacks,
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
of national valour, 66> 89. other military
virtues, 89. In wtiat consists the wealth of a nation,
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
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
GUAriANIY.Seo treaties, for observance ol
treaties, 235. whal./b. gives tlio guarantee no right to inlorlore,
nature of the obligation it Imposes. ?36.
cannot impair tho riglils of a third party,
ib. duration of Ihe guaranty,
of seashore, to whom belonging, 129,
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
I HREOnARY S1AU. fcwtf'/K/pi/)
succession, ili. foreign powers ought
UOSF'nALS, Soo War. erection of. for invalids.
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,
of their support, ib. to be provided by
parly giving, ib. subject cannot refuse to be, 241. but a vassal may,
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
sufficient hostage, ib. liability of,
ends with treaty, ib. violation of treaty en injury to the
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,
IMPFRFEC") NAniRAUPAIION, what,
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
INHERIIANCP. Sw Properly. riglil of
parlic-s to bequeath properly,
limitation of right, ib. lawol, in England,
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).
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,
right wlien presumed lobe relinquished,
of persons wt 10 cannot return to right of,
bul enjoy it when retaken, ib.
whether right extends to propoity alienated by
distinction between moveable and immovable
whether a subdued nation can enjoy this right,
distinction herein, ib.
right for what is restored at the peace,
lor things cedod to the enemy,
does not exist on conclusion of peace,
why always In force for prisoners,
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
should support authority of judges, ib.
ot cfisMhutirfe justice, ib. meaning ol term,
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,
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
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,
KING. SQO Sovereign, Sovereign
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
Ib. n. (1). present sources ol
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
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.
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,
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
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,
external relates to men, /b.
internet obligation is ol the same nature,
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
(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
LAW OF NA110NS, (continued) sary law o(
nallons. Ib. General maw'm respecting use of necessary and voluntary law of
LEGISLAIIVE POWER. what. 11. to whom intrusted,
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.
LEI ICO OF MARQUE, See Reprisal, wtial,
LIE. distinction between, and mere
372,373. wtien bound to speak tlie truth to
enemy. 373. See Enemy.
MANIFES10E8, what, 319.
MARII IME LAW,
ancilent codes relalino to, rv. in note. Is
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
MEDIA"! ION, what, ?76.
In lime of peace, ib. in time of war,
MERCENARY SOLDIERS. who.?97.
MILHARY DISCIPLINE, importance of, considered.
MILnARYLAWS, necessity ol. considered,
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
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,
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
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
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.
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,
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
158. of refusal of admittance lo them,
MONARCHY. Soo Government. defined. ?, a
government confided to o