power of summoning, ib.; when they
may be summoned, ib.; what they
consist of, 311; what offences may be
tried by, ib.; when offenders may be
sent home, 312.

Naval Prize Act, 1864, British, ii. 445
et seq.

Navy, protection derived from our, ii.
250.

Necessity, takes the place of right con-
ditionally only, ii. 5; how far action
justified by, ib.; when its vindica-
tion a crime, ib.; "Necessity has no
law," ib.; vis major and vis omni-
potens, 6.

Needless warfare condemned, ii. 433.
Negro in America, i. 158.

Neutral short-sightedness, ii. 167.
Neutral State, obligations of, ii. 175;
limitations of responsibility, 176;
privileges of citizens of, ib.; trade
between citizens and belligerents,
177; neutral flag and right of search,
ib.; registration, &c., ib.; responsi-
bility of, ib.; of the citizen enlisting,
179.

Neutral trade, means of restricting, ii.
171; by substituting deeds for inten-
tions, ib.; we should pay for our
failure, ib.; workable rules, 172.
Neutrality, recognition and interven-
tion the corpus juris inter gentes, ii.

52.

Neutrality, the converse of interven-

tion, ii. 52, 127; what justifies, ib.;
never indifference, 129; duty of
neutral to intervene, 130; of the
State as a body politic, ib.; a public
relation, ib.; how impartiality best
secured, 133; impartial participa-
tion in, ib.; State absolute, 135; of
citizen, 145; sympathy with either
side no crime, ib.; "benevolent,"
149; when justified, 162; interven-
tion and, ib.; rules of, submitted by
author to consideration of interna-
tional jurists, 171 et seq.
Neutrality Regulations of 1870, British,
ii. 446 et seq.

New States, their international posi-
tion, i. 213; republics or monarchies,
ii. 294.

New Zealand, future of, ii. 290.
Night side of human nature, ii. 5.
Nihilism, a policy of negation, i. 99.
Nihilists, their irrational hatred to
governments in every form, i. 96;
citizenship extended to, 113.
Nominal forms of government worth-
less, i. 206.

Non-combatants and wounded, ii. 371.
Non-constitutional States, i. 211.
Non-European race, colonies of, inter-
national recognition of, ii. 297.
Non-reciprocating States, i. 113.
Normal relation of States, i. 223; their
divisions, 224; negative or positive,
227; non-interference a primary
duty, 231; interest of each the in-
terest of all, 232.

Nys, M., i. 71, 115; Laws of War and
the Precursors of Grotius, ii. 58; la
Guerre Maritime, 100.

Oaths of allegiance on naturalisation,
1870, ii. 525.

Obligations of the neutral State in its
corporate capacity, ii. 175; should
not fight on either side, ib.; prevent
equipment of ships, &c., ib.; pre-
vent enlistment, ib.; prevent any
aid to belligerents, ib.
Obligations, perfect and imperfect, ii.

Old dispensation of diplomacy, ii. 241.
Old Roman Empire, i. 128.
"Old Rules" of trade between neutrals

and belligerents, ii. 164; intelligible
and enforceable, ib.; position of neu-
tral State under, ib.; and its citizens,
ib.; law and fact in harmony, 165;
why abandoned, ib.; denounced by
most powerful belligerent, ib.
Order in Council, 1844, i. 313; subse-
quent, 1847, 314; order, 1847, ib.
Organisation, and civilisation, ii. 191;
by means of positive law, the ulti
mate position of civilised States, ii.
192.
Organism, new, ii. 275; functions of,
276; exceptional character of, ib.;
its danger, ib.; time would add
strength to, ib.; vast power for
good, 277; new vices and new vir-
tues under, ib.; no longer mutual
destruction, ib.; partial relapses
from, ib.; opposed by military class
and old school of diplomatists, 278;
must possess self-adjusting elements,
290.
Ortolan, Diplomatie de la Mer, ii. 22;
on belligerent rights, 98.

Pacific action, where operative, ii. 14;
solution of international disputes,

533.

Palmerston, Lord, opinion as to the
value of a good dinner, i. 281; on
proportional disarmament, ii. 247.
Pardessus, M., Us et Coutumes de la
Mer, i. 380.

66

Paris, Treaty of, 1856, i. 40, 45, 48,
49; Solemn declaration," 56, 85;
status quo established at, ii. 200.
Paris, declaration of, 1856, ii. 445.
"Particularist," elements in United
States, ii. 297.
Pascal, Pensées, i. 369.

Pasqual, Charles, Legatus, i. 275.
Passage through intermediate States,
right of, i. 246.

Peace the common object of all war, ii.
147.

Peace party, error of, i. 133; chief
value of, 268; hopes of, ii. 36;
deceived by professed sympathisers,

152.

Peace Societies and Peace Congresses,
ii. 234; efforts of, limited to arbitra-
tion, ib.

Peaceful action in State aggression, ii.

255.

Peel, Sir Robert, on military arma-
ments, ii. 246.

Penn, William, Essay, ii. 220.

People more impulsive than executive,
ii. 244.

Permanence forbidden by nature, ii.
200; scarcely a word for human use,
203.
Permanent laws, scientific jurists alone
concerned with, ii. 169.
"Perpetual peace,' a dream, ii. 22;
impossible, 184.

Persia, partial political recognition of,
i. 102.

Person, the, i. 422; localisation of,
ib.; man alone can localise himself,
ib.; domicile, the governing fact in
the localisation of, 437.
Personal governments, i. 163; L'état
c'est moi, ib.; repudiation of Free
Trade Treaty of Napoleon III., 164;
will of the Emperor not the will of
France, ib.; never perfectly realised
in fact, 167.

Personal rights or laws, whence de-
rived, i. 400; peculiarities of, in the
middle ages, ib.; burgher and feudal
law, 401.

Persons alone have jural rights and
duties, i. 408; interned in neutral
territory, ii. 421.

Pessimist views of reciprocity, ii.

194.

Phenomena of consciousness, i. 82.

Philanthropy is utilitarianism, i. 23.
Phillimore, Sir Robert, i. 151; on ex-
tradition, 335, 336; on jural capacity
of aliens, 412.
Phoenicians, mercantile jurisprudence
of, i. 29; the lex Rhodia de jactu bor-
rowed from, by Romans, 30; ob-
served still among tribes of Sahara,
ib.

Physicians, surgeons, &c., protected by
laws of war, ii. 65.

Pirates and highwaymen, ii. 24; re-
sistance to, 33; cease to be State
citizens, 132.

Pisa, statutes of year 1169, i. 292; con-
sulate at, in 1298, 294.

Place of fulfilment determines the
jurisdiction, i. 439.

Plato's Republic, ii. 196; State, gov-
erned by philosophers, i. 211.
Plenary political recognition, extends
to all States of Europe, i. 101; par-
tially to Turkey, 102; to Persia,
Central Asia, China, Siam, and Ja-
pan, ib.; absolute and relative, 103;
defined, 104; limitations imposed by
Christianity, 113.

Plenipotentiaries, influence of, dimin-
ished, i. 265; shifted to ministers
for foreign affairs, ib.

Poisoning of wells, a violation of the
jura universalia, ii. 79.
Political ideals, i. 59; assimilation
between alien races, 97; nonage,
157; mission of Anglo-Saxon race,
233; intercourse, 236 et seq.; crimes,
local, 327; offence, definition of,

342.

Politics as a separate science, ii. 47.
Polygamous marriages invalid in Eng-
land, i. 266.

Polynesian republic, the coming, ii.
202; national character of, ib.
Pompey, dictatorial powers conferred
on, ii, 115.

Pomstrat, Lawrence, receiver in Slusa,
Flanders, in 1456, i. 296.
Pope, international recognition with-
held by Protestant States, i. 115.
Popular view of intervention, ii. 45.
Positive law of nations, not known in

early times, i. 13; same rights do
not belong to savages and civilised
men, ib.; how far voluntary, ib.; is
merely declaratory, 14; volition ex-
cluded from, ib.; its claims, 16;
little value of codification, ib.; doc-
trine of recognition the basis of, 24;
custom, the earliest form of, 27; re-
garded as jus voluntarium, 77; vin-

dicated by Vattel, 80; Wheaton's
conceptions of, 84; opinion, the
source of, 87; why should they
differ? 371; constantly changing,
393; local and temporal limits of,
394; the results of jural science, ii.
4; dependent on legislation, juris-
diction, and execution, 186; sense
in which deficient in positive char-
acter, 188, 189; private interna-
tional, so far, 189; organisation by
means of, 192; guarantees for obedi-
ence to, 209; should determine trad-
ing relations, 214.

Poverty and ignorance, degrading in-
fluences of, ii. 8.

Praise of a warrior's life, ii. 431.
Precedents, i. 51; no international, ib.;
what takes the place of, 52.
Prefatory note to Book V., ii. 183.
Premium on war, the result of the
Three Rules, i. 53.

Preparatory wars of self-defence a per-
petual casus belli, ii. 37.

Prescott, Ferdinand and Isabella, i.
300.

President Woolsey, analysis of treaties,
i. 38.

Presumption of reciprocating will, i.
109; reciprocating power, 133.
Prévost-Paradol, M., La France Nou-
velle, i. 130.

Priest, status of, recognised in Roman
Catholic countries, i. 327.
Prince of Wales, law of domicile affect-
ing his property while travelling, i.
421.

Principle of fraternité, i. 230.

Principle versus expediency, as a peace-
policy, ii. 156.

Prisoners and wounded in neutral
territory, ii. 394; modified text,
398.

Prisoners of war, entitled to protection,
ii. 72; and supplied with necessaries
of life, 73; rank of officers recognised,
ib.; maintenance same as troops of
captor, ib.; may be compelled to
labour, 74; compulsory labour gen-
erally forbidden, ib.; his mainten-
ance a claim on his own state, ib.;
his earnings beyond expense of
maintenance, 75, 365; who can be
made, 410; state of captivity, 418;
termination of captivity, 419.
Private freedom, does it feed war? ii.
146.

Private international law, i. 348; in-
troductory remarks, ib.; a separate
branch of jurisprudence, 349; its re-

lation to recognition, 350; Savigny's
views, 351; the objects of, ib.; a
branch of the science of nature,
357; propositions on which founded,
359; Fœlix, Huber, and Story, 360;
on what right it rests, 362; self-
limitation, 365; perfect obligation
of, 366; fundamental propositions of,
370; when neither compromise nor
recognition justified, 373; differs from
municipal law, public and private,
385; determines no legal relations,
ib.; no common system, 387; in re-
gard to property, contract, evidence,
&c., ib.; rules admit of being en-
forced, 391; judgments have inter-
national validity, ib.; uniform rules
of, 392; Resolution of Institute, ib.;
resolves itself into the means of
legalising local relations, 396. See
also Statutory Theory, Immovables,
Movables, Person, Status, Domicile,
Nationality, &c.

Private international right: conflict of
laws, ii. 526.

Private municipal law, i. 348 et seq.,
373; reciprocal recognition of con-
flicting, ib.; what facts it determines,
385; temporal limits of rules belong
to, 393.

Private person, his rights and position,
ii. 137; may enlist in service of bel-
ligerent State, 138; his personality
and citizenship, ib.; cannot serve
two masters at the same time, 139;
can he trade? 143; distinction be-
tween, and citizen, 146.

Private property, capture of, ii. 93; at
sea, ib.; conflict of opinion, ib.;
forbidden by law of nations, 94;
transference of, to State, 100; method
of capture, 101; Dr Gessner, Mr
Dana, and Mr Dudley Field on, 102,
103; sensitiveness of Germans and
Americans regarding, 104; can it
affect issue of war? 105; arguments
against, 107; economical effect of,
109; collusion between owner and
captor, 110; registration of value,
111; payment on capture to owner,
114; is it forbidden? 416.
Problem of international jurisprudence,
the ultimate, ii. 186 et seq.
Productivity, its limitations, ii. 8.
Professors of science, learning, and art,
protected by laws of war, ii. 64.
Progress of civilisation, its effects, ii.
215; its analogue, ib.
Progressive development in future
generations, ii. 7; persons or pro-

gressive citizens, 192; enlighten-
ment by scientific publicists, 211.
Prolongation of war for private pur-
poses, ii. 88.

Proportional disarmament, ii. 16, 246;
favourite scheme of Peace Society,
ib.; Mr Richard's paper on, ib.; Sir
R. Peel on, ib.; Lords Palmerston
and Beaconsfield on, 247; a congress
proposed with view to, ib.; when
hopeful, 253.

Proposed international rules, ii. 530.
Protected routes at sea, ii. 113.
Protection of clergymen by law of na-
tions, ii. 64; clerisy, ib.; legislators
and ministers of State, ib.; judges,
magistrates, and lawyers, ib.; phy-
sicians, surgeons, &c., 65; corre-
spondents of the press, ib.
Protestants, prejudices of, against
Roman Catholics, i. 71; extended
to other churchmen, 72.
Proximate and ultimate, wide distinc-
tions between, i. 228.

Prussia, declaration of war by France
against, ii. 443.

Prussian law of marriage, i. 441.
Pseudo-democratic States, i. 212.
Pseudo-despotic States, i. 212.
Public folly and private wisdom, i. 177

et seq.
Public international law, determines
State belligerency, blockade, &c., i.
385; difference between, and private
not kept clear, 386.

Public minister represents sovereignty
of State, i. 240; his action binds the
State, ib.

Public municipal law, i. 325 et seq.;
fixes relations between State and
citizen, 385.
Public opinion, contemporary, de-
fined, i. 87; the proximate source of
positive law, ib.; obviates the neces
sity of legislation, ib.; jurist may
originate and shape, 88; may act
beyond the States in which originated,
ib.; often misled and misunderstood,
89; gradually asserting its power,
ib.; power of, ii. 242; on Bulgarian
atrocities, ib.

Public property, ii. 415.

Puffendorf, associated with Grotius, i.

74; his natural and postive law, ib.;
his Law of Nature and Nations,
small portion devoted to interna-
tional law, 75; makes little advance
on Grotius, ib.; agreement between
and Leibnitz, 78.

Punishment, what is it to effect? i. 22.

Queen Elizabeth, joint author of grand
dessein, i. 56, ii. 216; her objection
to Henry IV.'s scheme, 218.
Queen's horses and dogs, have they
two domiciles? i. 421.
Queen's proclamation of May 1861,
effect of, i. 142; on America, ib.;
feeling unreasonable, 143.

Questions between victorious and van-
quished State, ii. 85.

Quittance d'usage, a, i. 89; example of,
ib.; a claim against the vanquished
State, 90; German obligations in
Alsace and Lorraine, ib.; law of,
in rudimentary state, ib.; those
given by Germans not dishonoured
by France, 93; extended to naval
warfare, 110.

Race-distinctions, their tendency, ii.

202.

Raglan, Lord, necessity of his appoint-
ment in the Crimea, ii. 36.
Railway communication, effect of, on
modern warfare, ii. 109.
Rajputs should fight fairly, ii. 430.
Ranking of international agents, i. 240.
Reason, enough to control unreason,
ii. 199.

Reason of State never wholly inopera-
tive, ii. 13.

Reciprocating power, the presumption
of, i. 133; State must have, 134;
position of State, ib.; rights and ob-
ligations of State, 135.

Reciprocating States, i. 113.
Reciprocating will, the presumption of,
i. 109; the golden rule, 111; pre-
sence of, presumed, ib.; between
States, 112.

Recognition, absolute and relative, i.
4, ii. 54; international and inter-
ethnical, i. 93, 110; partial, of semi-
barbarous States, 216; of State
existence as the fundamental doc-
trine of the law of nations, i. 91,
95 et seq.; gives legal capacity, 134;
rights and obligations resulting from,
135; entitled to, by other States, ib.;
of national progress, ii. 251; inter-
vention and neutrality the corpus
juris inter gentes, 52; of public
municipal law, 325 et seq.; of pri-
vate law, 348 et seq.

Red Cross, ii. 65. See Convention.
Reformation,nationalisation of Churches
the fruit of the, i. 115.
Refuge, of prisoners, ii. 75.
Registration of value of ships, &c., ii.

111.

Relation between private owner and
State when at war, ii. 95.

Relation of landlord and tenant, i. 97.
Relations of separate political commu-
nities, i. 19.

Relations of States, i. 1, 5; the
normal, ib.; the abnormal, 6; as
between belligerents, ib.; bellige-
rents and neutrals, ib.; neutrals,
ib.
Relative disarmament, ii. 117; bene-

fits of proportional reduction, ib.
Religions all appeal to fear, ii. 13.
Religious and educational solution of
ultimate problem, ii. 215 et seq.
Religious creeds which exclude the
presumption of reciprocating will, i.
113 et seq.

Remonstrance, weakness of stopping
short at, ii. 14.

Repartition of Europe, ii. 219; a pro-
clamation of war, ib.; every change
an occasion of danger, ib.
Report of Royal Commission on Extra-
dition, 1878, i. 341; views of the
Institute on, 342; on the casus belli,
368.

Reprisals, ii. 75, 391; Russian pro-
ject, 76.

"Republicanisirung Europas," ii. 273.
Republics, constitutional, i. 210; mo-
dern democratic, ii. 294.

Requisitions and contributions, ii. 381.
Res noviter veniens, its influence on
treaties, i. 266.

Results of different punishments, i. 23.
Revelation and philosophy, ii. 4.
Richard, Mr, his motion of April 1881,

i. 268; on our representatives abroad,
ii. 243; on proportional disarmament,
246; sympathy with, on the Conti-
nent, 248.

Right of expulsion, i. 344; State which
decides, 345; how far extended, 346;
of Fenians, 347.

Right of passage through intermediate
States, i. 246; of search to determine
nationality, ii. 172.

Rights and duties towards savages, i.
227; of mankind, ii. 27, 194.
Rights in immovables, i. 409; in mov-
ables, 415; of humanity override
rights of belligerents, ii. 75; and
obligations are reciprocal, 214; of
belligerents one towards another,
343; with reference to private indi-
viduals, 377.

Rolin Jaequemyns, M., on doctrine of
intervention, i. 50, 83; on arbitra-
tion, ii. 212.

Rolles of Oleron, i. 29.

Roman Catholicism moribund as church
government, i. 117.

Roman Catholic Church, non-ethical
character of, i. 115.

Roman Catholic countries repudiate
divorce, i. 440.

Roman exclusiveness of national sys-

tem, i. 62; idea of the persona, 63.
Roman law, in the persona all rights
centred, i. 401; origo and domi-
cilium, 424; its modern meaning,
425; domicile and citizenship, 427.
Romans, ignorant of international law,
i. 13; responsa prudentium as under-
stood by, 29; private international
law traced to, 64; borrowed lex
Rhodia de jactu from the Phoenicians,
30.

Rome, historical sketch, i. 398; her
conquests in Europe and Africa, ii.
23; set productivity free, ib.
Roumania, recognition of, i. 106.
Rousseau, Extrait du Projet de Paix
perpétuelle, de M. Abbé de St Pierre,
ii. 223; admirer of Germanic Con-
federation, ib.; which should em-
brace European Powers, 224.

Roving Englishman, Embassies and
Foreign Courts, i. 278.

Royal Commissions and the function of
legislation, i. 283.

Royal families of Europe, cosmopolitan
character belonging to, i. 208; inter-
marriage of their members, 209, ii.
235; international value of, i. 209;
favourable position of, ii. 234; cir-
cumstances in their favour, 235; not
susceptible to war fever, ib.; picture
of their actual position, ib.
Royal writer on the balance of power,

ii. 206.

Rules of neutrality summarised, ii.

162.

Rules for consideration of international

jurists, ii. 175 et seq.; proposed in-
ternational, 530.

Rural and urban districts, death-rate
of, ii. 9.

Russell, Earl, and the Confederate
Commissioners, i. 143; his sermon-
ising propensities, ii. 151; his des-
patch of August 1864, 27.
Russell, Dr W. H., his letters during
the Crimean war, ii. 66; could claim
no exceptional protection, ib.; pro-
fessed object of his labours, 67.
Russia and her Jewish subjects, i.

160.

Russia and Turkey, war of 1877 might