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L

А

TREATISE

ON

THE LAW OF WAR.

Translated from the original Latin of
CORNELIUS VAN BYNKERSHOEK.

BEING

THE FIRST BOOK

OF HIS

QUÆSTIONES JURIS PUBLICI.

WITH NOTES,

BY PETER STEPHEN DU PONCEAU,
Counsellor at Law in the Supreme Court of the United States

of America.

Ne fortior omnia possit. Ovid.

PHILADELPHIA:
Published by Farrand & Nicholas; also, by Farrand, Mallory & Co., Boston;
P. H. Nicklin & Co., Baltimore; D. Farrand & Green, Albany;
Lyman, Mallory & Co., Portland; and Swift &

Chipman, Middlebury, (Vt.)
Fry and Kammerer, Printers.

1810.

District of Pennsylvania, to wit:

BE IT REMEMBERED, 'That on the eighth day of Seal. October, in the thirty fifth year of the Independence of

the United States of America, A. D. 1810, Farrand and

Nicholas, of the said district, have deposited in this office the title of a book, the right whereof they claim as proprietors in the words following, to wit:

“A Treatise on the Law of War. Translated from the original

Latin of Cornelias Van Bynkershoek. Being the first book of
his Quæstiones Juris Publici. With Notes, by Peter Stephen
Du Ponceau, Counsellor at Law in the Supreme Court of the
United States of America. Ne fortior omnia possit.-

Ovid.” In conformity to the act of the congress of the United States, intituled, "An act for the encouragement of learning, by securing the copies of maps, charts and books, to the authors and proprietors of such copies, during the times therein mentioned.” And also to the act, entitled "An act supplementary to an act, entitled "An act for the encouragement of learning, by securing the copies of maps, charts, and books, to the authors and proprietors of such copies, during the time therein mentioned," and extending the benefits thereof to the arts of designing, engraving, and etching historical and other prints."

D. CALDWELL,
Clerk of the District of Pennsylvania.

TABLE OF CONTENTS.

Page PREFACE An account of the life and writings of the author

xiji A brief alphabetical notice of the several writers and works

on the civil law and the law of nations, not generally

known, and which are quoted or referred to in this book xxiii A table of American and English cases, cited or referred to in the notes

xxxi Table of reference, to enable the reader to find the passages quoted from the text of the civil law

xxxiii

CHAPTER I. Of War in general.

CHAPTER II. Of a declaration of war

6 CHAPTER III. Of War, considered as between enemies

18 CHAPTER IV. Of the capture of movable property, and particularly of ships 27

CHAPTER V. Of the recapture of movable property

36 CHAPTER VI. Of the possession of immovables taken in war

45 CHAPTER VII. Of the confiscation of the enemy's actions and credits . 51

CHAPTER VIII. Of hostilities in a neutral port or territory

CHAPTER IX. Of Neutrality

66 CHAPTER X. Of Contraband

74 CHAPTER XI. Of Trade with blockaded and besieged places.

82 fa

58

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