JAMES KENT. Commentaries of International Law

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UNIVERSITV of CALIFORNIA BERKELEY

/

X L.1J

.

Digitized by the Internet Archivein

2011 with funding fromdi

Biblioteca

Europea

Informazione e Cultura

http://www.archive.org/details/kentscommentaryoOOIj

Letter on Neutral Trade in Contraband of War,

Historicus.

PREFACE.

V

tiling above all, that of not merely preserving the sentiments and opinions of the learned author, but his very language, changing only the style of the original work from the familiar one of lectures, in which the present tense is used, and in which American readers are specially addressed, to a more general and formal one. All fresh matter coming from my own pen is contained

in brackets

[

].

I venture further to

hope that the work now given toview LetI

the public will be useful to the practitioner, as well as to

the student.

With

this

have added the mostalso add,

recent documents, decisions, and cases on the differenttopics comprised init.

me

may seem

superfluous, that Should the

what perhaps book be successful,

the praise belongs to him whose treatise I

am now

preits

senting to an English public in an English shape;[faults

must be mine,It

its

merits

his.

One word more, by waydone.

of preface,

and then I havenot to offer

would be unbecoming in thanks to those from whose kindnessance in the course of

meI

my

have received

assist-

my

labours.to

I therefore

now

tender

myhe

thanks,skilful,

first

and foremost,

Mr

Hertslet, the able,

and the learned Librarian of the Foreign I have received valuable suggestions, on his time I have trespassed, and to his kindness I am indebted for documents supplied to me in the course ofOffice.

From him

my my

work.

I therefore seize this opportunity to express

gratitude and

my

sense of his invaluable kindnessI am sure that such kindness me on personal grounds merely,

towards me, and to say thathas been shewn, not to

but as a writer on a subject which he loves, and is thoroughly versed in, public Liternational Law. I havealso to

thank the learned author of

" Letters

of His-

'

yitoricus,"tions,

PREFACE.

Mr Vernon Harcourt, Q.C, for valuable suggesand for friendly advice; and I also thank most cordially and gratefully the Librarian of the Inner Temple, Mr Martin, for many a kind act in the way of help, and for assistance of the most useful kind in the course of my researches in the Library of the Inner Temple. I have no doubt that Mr Martin's praise will be echoed by many other readers at that comfortable and excellent Library. It will be seen that a portion of this work was in print during the progress, and before tlie termination of the late contest in the United States. My only apology for the length of time with which I have been engaged upon it is the interruptions I have received from the various duties * I have to discharore.Lamb Buildings, Temple,February, 1866.

PREFACE TO THE SECOND EDITION.

In presenting this second edition of " Kent's Commentary on International Law " I avail myself of the opportunit}" of thanking my friends Messrs Martin and Pickering, theLibrarian and Sub-Librarian of the Inner Temple Library,for the

ready help they have afforded

me

on

all

occasions

when

have sought it. I have also to acknowledge with gratitude the great courtesy and attention I have received from the gentlemen connected with the Libraries belono^ino^ to the ForeionIOffice.

In addition to the thanks I oweall

Mr

Hertslet forsense of the

his personal kindness, I wish to express

my

advantages he has conferred uponnational

students of Interof

Law and

Political History

by the publication

his exhaustive

and admirably arranged work, " TheJ. T.

Map

of

Europe by Treaty."

ABDY.

Great Baddow, Essex,October, 1877.

.

CONTENTS.

PACrE

INDEX OF CASES

xi

CHAPTER

I.

OP THE FOUNDATION AND HISTORY OF THE LAW OF NATIONS

.

1

CHArTER

II.

OP THE RIGHTS AND DUTIES OP NATIONS IN A STATE OF INDEPENDENCE, OF INTERVENTION, AND OF RECOGNITION.

40

CHAPTERAMBASSADORS AND CONSULS

III.

119

CHAPTER. ..

lY.

^P THE DECLARATION AND OTHER EARLY MEASURES OF A STATE OP WAR .... . . .

.

143

CHAPTER

Y..

OF THE VARIOUS KINDS OP PROPERTY LIABLE TO CAPTURE

194

CHAPTERi

YI.

OP THE RIGHTS OP BELLIGERENT NATIONS IN RELATION TO

EACH OTHER

216

I

CHAPTERI

YII.

FOREIGN ENLISTMENT ACTS

268

!

I

X

CONTENTS.page:

CHAPTER

VIII..

OF THE GENERAL RIGHTS AN^D DUTIES OP NEUTRAL NATIONS

298

CHAPTER

IX.330

OF RESTRICTIONS UPON NEUTRAL TRADE

CHAPTER

X..

OF TRUCES, PASSPORTS, AND TREATIES OF PEACE

.

.377

CHAPTER

XI.

OF OFFENCES AGAINST THE LAW OF NATIONS

....

397"

Appendix

I.

I^aval Prize Act, 1864

429

Appendix

II.. .

Treaty of Washington and Geneva Award, 1871

443

Appendix

III.

Geneva Convention,

1864.

Sick and

Wounded

in

War

.

471

Appendix IV.Proclamation of Neutrality, and Declaration as to Belligerents

and Neutrals, 1877, Foreign Enlistment Act,,

1870

...

.

....

.478

Appendix V.Russian and Turkish Treaties from 1699 to 1871.

.

495511

Index

INDEX OF CASES.

A.Abigail, the, 381 Adelaide, the, 344, 345

B.Baillie v. Mondigliani,

323219, 258,

Banda and Kirwee booty,264Baltazzi v. Eyder, 351 Barbuit's case, 133

Adolph, the, 130 Adonis, the, 410, 7i (1) Aina, the, 188, 196, 214 Albrecht v. Sussman, 132, lOG Alcenius v. Nygren, 187, 387 Alerta, the, 294 Alerta v. Bias Moraii, 273 Alexander, the, 350 Alexandra, the, 289 Amedie, the, 421 Amiable Isabella, the, 226 Amistad de Kues. See L'Amistad de

Beale

v.

Thompson, 323

Bell V. Potts, 180 Bell V. Eeid, 180, 196 Bella Guidita, 188 Bello Corrunes, 130 Benedict, the, 212, 214 Bentzon v. Boyle, 195

EuesAnderson, John, in re, 116 Anna, the, 103, 132, 304, 306, 375 Anna Catharina, the, 196, 200, 213 Anna Maria, the, 242, 372 Anne, the, 132 Anne Green, the, 199 Antelope, the, 364, 425 A.nthon v. Fisher, 254 Antoine v. Morehead, 186 Antonia Johanna, the, 203, 325 Arabella, the, and Madeira, 251 Ai-iadne, the, 211 Arnold and llamsay v. U. S. Insurance Co., 131, 200 Arthur, the, 341, 346 A-spinwall v. Queen's Proctor, 132 \talanta, the, 328, 352, 354, 355 A-tlas, the, 816, 326 (^tty-General v. Sillem, 280, 289, 292 Aurora, the, 211

Berens v. Kucker, 204 Bernard! v. Motteaux, 375 Berne, City of, v. Bank of England, 86 Bernon, the, 198 Betsey, the, 341 Boedes Lust, 178 Boussmaker, ex parte, 184, 191 Bremen Fluge, the, 322 Brig Alerta v. Bias Moran, 243 Brig Malek Adel, 406 Brig Short Staple v. United States, 372 British Consul v. Nancy, 274 Bromley v. Heseltine, 198 Brown v. the Independencia, 129 Brown v. the Union Ins. Co., 372 Brown v. the United States, 177, 183, 226 Brymer v. Atkins, 247 Buron v, Denman, 424 Burton v. Pinkerton, 295 Bush V. Bogerson, 349

Xll

INDEX OFC.

CASES.

Caletlonia, the, 211 Calvin's case, 96 Carlo Alberto, the, 372 Carolina, the, 188 Caroline, the, 148, 212, 352, 353, 354, 355, 359, 361 Cassius, the, 239 Cathariua Elizabeth, the, 373 Catlette v. Pacific Ins. Co., 374 Ceylon, the, 248, 263 Charlotta, the, 261 Charlotte, the, 226, 235, 340 Charlotte Christine, the, 346

Diligentia, the, 307 v. Bank of England, 86 Dos Hermanos, the, 197, 226, 227

Dolder

Douglas V. Douglas, 199 Douglas V. Webster, 199 Dree Gebroeders, 195, 200, 236 Dubois, ex parte, 115, 116 Duke of Brunswick v. King of Han.over, 79

Durand

v.

Halback, 132

E.East India Company v. Campbell 114 Edward, the, 340 Eleanor, the, 240 Eliza Ann, the, 125, 307, 385 EHzabeth, the, 211 Elsebe, the, 247, 369 Emmanuel, the, 196, 197

Chavasse, ex parte, 209, 301 Chesapeake, 304