AMERICAN LAW.

Fifteenth Edition
Edited by
Jon Roland
1997-2002

Based on
Fourteenth Edition
Edited by
John M. Gould, Ph.D
Auhor of the "Law of Waters," joint author of Gould and Tucker's
"Notes on the U. S. Revised Statutes," etc.
Boston: Little, Brown, and Company.
1896.

Which was based on
Twelfth Edition
Edited by
Oliver Wendell Holmes, Jr.

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Editor: Only Volume I and Lecture 50 have so far been completed. In the text original page numbers are in braces {}. Footnotes have been converted to chapter endnotes and renumbered but the original numbers are shown in parentheses. Some lectures may temporarily need further formatting.

VOLUME I.
		Prefaces
		Introduction by Jon Roland
PART I.
OF THE LAW OF NATIONS
						PAGE
		LECTURE	I.	Of the Foundation and History of the Law of Nations		1
		LECTURE	II.	Of the Rights and Duties of Nations in a State of Peace		21
			1	Right of Interference with other States		21
			2	Jurisdiction over Adjoining Seas		26
			3	Rights of Commerce		32
			4	Right of Passage over Land		34
			5	Right of Navigable Rivers		35
			6	Surrender of Fugitives		36
			7	Ambassadors		38
			8	Consuls		41
		LECTURE	III.	Of the Declaration, and other Early Measures of War		47
			1	Assistance to Allies in War		49
			2	Declaration of War		51
			3	Protection to Enemy's Property		56
			4	Confiscation of Property		59
			5	Confiscation of Debts		62
			6	Interdiction of Commerce		66
		LECTURE	IV.	Of the Various Kinds of Property liable to Capture		73
			1	Domicile in the Enemy's Country		74
			2	Residence in it		76
			3	Colonial Trade		81
			4	Property in Transitu		86
		LECTURE	V.	Of the Rights of Belligerents		89
			1	Moderation a Duty		90
			2	Law of Retaliation		93
			3	Privateering		96
			4	Prizes		100
			5	Ransom Bills		104
			6	Right of Postliminium		108
		LECTURE	VI.	Of the Rights and Duties of Neutrals		115
			1	Neutrals must be impartial		115
			2	Neutral Territory inviolable		117
			3	Enemy's Property in Neutral Vessels		124
			4	Neutral Property in an Enemy's Vessel		128
		LECTURE	VII.	Of Restrictions upon Neutral Trade		135
			1	Contraband of War		135
			2	Blockades		143
			3	Right of Search		153
		LECTURE	VIII.	Of Truces, Passports, and Treaties of Peace		159
			1	Of Truces		159
			2	Passports		162
			3	Treaties of Peace		165
			4	Of Territories Ceded or Acquired		177
		LECTURE	IX.	Of Offences against the Law of Nations		181
			1	Violation of Passports		182
			2	Violation of Ambassadors		182
			3	Piracy		183
			4	Slave-trade		191
PART II.
OF THE GOVERNMENT AND CONSTITUTIONAL JURISPRUDENCE OF THE UNITED STATES.
		LECTURE	X.	Of the History of the American Union		201
		LECTURE	XI.	Of Congress		221
			1	Of the Division into Two Houses		222
			2	Of the Senate		224
			3	Of the House of Representatives		228
			4	Privileges of the Two Houses		235
			5	Manner of Passing Laws		238
			6	President's Negative		239
		LECTURE	XII.	Of Judicial Constructions of the Powers of Congress		243
			1	Of Priority of Payment claimed by the United States		243
			2	Power to incorporate a Bank		248
			3	Taxation		254
			4	Preemption of Indian Lands		257
			5	Effect of State Judgments		260
			6	Power of Congress over the Militia		262
			7	Power of Congress as to Internal Improvements		267
		LECTURE	XIII.	Of the President		271
			1			271
			2			273
			3			273
			4			280
			5			280
			6			282
			7			288
		LECTURE	XIV.	Of the Judiciary Department		290
			1	Of the Appointment, Tenure, and Support of the Judges		291
			2	Its General Powers		295
			3	Jurisdiction of the Supreme Court		298
			4	Jurisdiction of the Circuit Courts		301
			5	Jurisdiction of the District Courts		303
			6	Jurisdiction of Auxiliary State Courts		306
			7	Of Attorneys and Counsel		306
			8	Of Clerks		308
			9	Of Marshals		309
		LECTURE	XV.	Of the Original and Appellate Jurisdiction of the Supreme Court		313
			1	Its Original Jurisdiction		314
			2	Its Appellate Jurisdiction in Cases pending in State Courts		316
			3	Its Powers in Cases of Mandamus		321
			4	Its Original Jurisdiction where a State is a Party		323
			5	Its Appellate Jurisdiction regulated by Congress		324
			6	Its Appellate Jurisdiction confined to Cases under the Constitution, Treaties, and Laws		325
			7	Its Appellate Jurisdiction to Matter appearing on the Record		326
			8	Its Appellate Jurisdiction exists, though a State be a Party		327
		LECTURE	XVI.	Of the Jurisdiction of the Federal Courts in Respect to the Common Law, and in Respect to Parties		331
			1	Common Law Jurisdiction in Criminal Cases		331
			2	Common Law Jurisdiction in Civil Cases		341
			3	Jurisdiction when an Alien is a Party		343
			4	Jurisdiction between Citizens of Different States		344
			5	Jurisdiction when a State is interested		350
		LECTURE	XVII.	Of the District and Territorial Courts of the United States		353
			1	Of the District Court as a Prize Court		356
			2	Its Admiralty Criminal Jurisdiction		360
			3	Limits of its Admiralty Jurisdiction		365
			4	Jurisdiction as an Instance Court of Admiralty		378
			5	Civil Jurisdiction of the District Courts		381
			6	Territorial Courts of the United States		383
		LECTURE	XVIII.	Of the Concurrent Jurisdiction of the State Governments		387
			1	Of Concurrent Powers of Legislation		387
			2	Of Concurrent Judicial Power		395
		LECTURE	XIX.	Of Constitutional Restrictions on the Powers of the Several States		407
			1	Of Bills of Credit		407
			2	Ex post facto Laws		408
			3	The States cannot control the Exercise of Federal Power		409
			4	Nor impair the Obligation of Contracts		413
			5	Nor pass Naturalization Laws		423
			6	Nor tax National Banks or Stocks		425
			7	Nor exercise Power over Ceded Places		429
			8	Power to regulate Commerce		431
			9	Progress of National Jurisprudence		439
PART III.
OF THE VARIOUS SOURCES OF THE MUNICIPAL LAW OF THE SEVERAL STATES.
		LECTURE	XX.	Of Statute Law		447
			1	Laws Repugnant to the Constitution Void		448
			2	Power of the Judiciary to declare them Void		449
			3	When a Statute takes Effect		454
			4	Acts, Public and Private		459
			5	Rules for the Interpretation of Statutes		460
			6	Effect of Temporary Statutes		465
			7	Statute Penalties		467
		LECTURE	XXI.	Of Reports of Judicial Decisions		471
			1	Source of the Common Law		471
			2	Force of Adjudged Cases		473
			3	Notice of the Principal Reports at Law		480
			4	Notice of the Principal Reports in Equity		489
			5	Interesting Character of Reports		496
		LECTURE	XXII.	Of the Principal Publications of the Common Law		499
		LECTURE	XXIII.	Of the Civil Law		515
			1	Early Roman Law		516
			2	The Twelve Tables		521
			3	The Prætorian Law		528
			4	Responsa Prudeutum		530
			5	Imperial Rescripts		534
			6	Justinian		538
				His Code		538
				Institutes		538
				Pandects		539
				Novels		542
			7	Loss of the Civil Law		542
			8	Its Revival		544
VOLUME II.
PART IV.
OF THE LAW CONCERNING THE RIGHTS OF PERSONS.
		LECTURE	XXIV.	Of the Absolute Rights of Persons
			1.	The History and character of bills of rights
			2.	The right of personal security
			3.	The law concerning slander and libels
			4.	The right of personal liberty, and the writ of habeas corpus
		LECTURE	XXV.	Of Aliens and Natives
			1.	Of natives
			2.	The doctrine of allegiance and expatriation
			3.	Of aliens
		LECTURE	XXVI.	Of the Law concerning Marriage
			1.	Marriages, when void for lunacy or fraud
			2.	The age of consent
			3.	Bigamy
			4.	Marriage between near relations
			5.	The consent of parents
			6.	The form of marriage
			7.	Foreign marriages
		LECTURE	XXVII.	Of the Law concerning Divorce
			1.	Divorce a vinculo
			2.	Foreign divorces
			3.	Effect of foreign judgements
			4.	Divorce a mensa et thoro
		LECTURE	XXVIII.	Of Husband and Wife
			1.	The husband's right by marriage in the property of the wife
			2.	The duties of the husband
			3.	The wife's power at law to act as a feme sole
			4.	Her capacity in equity
			5.	Other rights and disabilities incident to the marriage union
		LECTURE	XXIX.	Of Parent and Child
			1.	The duties of parents
			2.	The rights of parents
			3.	Of illegitimate children
		LECTURE	XXX.	Of Guardian and Ward
			1.	Guardian by nature
			2.	Guardian by nuture
			3.	Guardian in socage
			4.	Testamentary guardians
			5.	Guardians judicially appointed
			6.	The duty and responsibility of guardians
		LECTURE	XXXI.	Of Infants — And herein of their acts, when void, when voidable, and when valid
		LECTURE	XXXII.	Of Master and Servant
			1.	Slaves, domestic slavery, and its extinction in this state
			2.	Hired servants
			3.	Apprentices
		LECTURE	XXXIII.	Of Corporations
			1.	The history of corporations
			2.	The various kinds of corporations
			3.	Their powers and capacities
			4.	The visitation of them
			5.	Their dissolution
PART V.
OF THE LAW CONCERNING PERSONAL PROPERTY.
		LECTURE	XXXIV.	Of the History, Progress, and Absolute Rights of Property
		LECTURE	XXXV.	Of the Nature, and various Kinds of Personal Property
		LECTURE	XXXVI.	Of Title to Personal Property by original acquisition
		LECTURE	XXXVII.	Of Title to Personal Property by transfer by act of law
		LECTURE	XXXVIII.	Of Title to Personal Property by Gift
		LECTURE	XXXIX.	Of the Contract of Sale
		LECTURE	XL.	Of Bailment
		LECTURE	XLI.	Of Principal and Agent
		LECTURE	XLII.	Of the History of Maritime Law
VOLUME III.
		LECTURE	XLIII.	Of the Law of Partnership
		LECTURE	XLIV.	Of Negotiable Paper
		LECTURE	XLV.	Of the Title to Merchant's Vessels
		LECTURE	XLVI.	Of the Persons employed in the navigation of Merchant's Ships
		LECTURE	XLVII.	Of the Contract of Affreightment
		LECTURE	XLVIII.	Of the Law of Insurance
		LECTURE	XLIX.	Of Maritime Law
PART VI.
OF THE LAW CONCERNING REAL PROPERTY.
		LECTURE	L.	Of the Foundation of Title to Land	ACTIVE
		LECTURE	LI.	Of Incorporeal Hereditaments
		LECTURE	LII.	Of the History of the Law of Tenure
VOLUME IV.
		LECTURE	LIII.	Of Estates in Fee
		LECTURE	LIV.	Of Estates for Life
		LECTURE	LV.	Of Estates for Years, at Will, or at Sufferance
		LECTURE	LVI.	Of Estates upon Condition
		LECTURE	LVII.	Of the Law of Mortgage
		LECTURE	LVIII.	Of Estates in Remainder
		LECTURE	LIX.	Of Executory Devises
		LECTURE	LX.	Of Uses and Trusts
		LECTURE	LXI.	Of Powers
		LECTURE	LXII.	Of Estates in Reversion
		LECTURE	LXIII.	Of a joint interest in Land
		LECTURE	LXIV.	Of Title by Descent
		LECTURE	LXV.	Of Title by Escheat, by Forfeiture, and by Execution
		LECTURE	LXVI.	Of Title by Deed
		LECTURE	LXVII.	Of Title by Will or Devise
		INDEX OF SUBJECTS		Index by Subject