Sect.

252 Preservation and repairs of common possessions

253 Duty and right of the sovereign in that respect

254 Private property

255 The sovereign may subject it to regulations of police

256 Inheritances

CHAP. XXI.

Page

115

ib.

ib.

ib.

. 116

Of the Alienation of the Public Property, or the Domain, and that of a Part

of the State.

262 Rules on that subject with respect to treaties between nation and nation ib.

263 Alienation of a part of the state

264 Rights of the dismembered party

265 Whether the prince has power to dismember the state

CHAP. XXII.

Of Rivers, Streams, and Lakes.

268 Right of alluvion

266 A river that separates two territories

267 Bed of a river which is dried up or takes another course

269 Whether alluvion produces any change in the right to a river

. 120

121

ib.

ib.

280 Whether the sea can be possessed, and its dominion appropriated

281 Nobody has a right to appropriate to himself the use of the open sea

282 A nation attempting to exclude another does her an injury

283 She even does an injury to all nations

284 She may acquire an exclusive right by treaties

285

286

but not by prescription and long use

unless by virtue of a tacit agreement

287 The sea near the coasts may become property

125

Sect.

288 Another reason for appropriating the sea bordering on the coasts

289 How far that possession may extend

290 Shores and ports

ib.

294 A sea inclosed within the territories of a nation

295 The parts of the sea possessed by a sovereign are within his jurisdiction 131

BOOK II.

OF A NATION CONSIDERED IN HER RELATION TO OTHER STATES.

CHAP. I.

Of the common Duties of a Nation towards other States, or the Offices of

Humanity between Nations.

1 Foundation of the common and mutual duties of nations

2 Offices of humanity, and their foundation

3 General principles of all the mutual duties of nations

133

134

135

4 Duties of a nation for the preservation of others

5 She is bound to assist a nation afflicted with famine or any other

calamity

6 She is bound to contribute to the perfection of other states

8 The right to require the offices of humanity

9 The right of judging whether they are to be granted

10 A nation is not to compel another to perform those offices of which the

ib.

136

ib.

137

138

ib.

refusal is no wrong

ib.

11 Mutual love of nations

ib.

12 Each nation is bound to cultivate the friendship of others

ib.

13

to perfect herself, with the view to the advantage of others,

15 Difference of religion ought not to preclude the offices of humanity

16 Rule and measure of the offices of humanity

17 Particular limitation with respect to the prince

18 No nation ought to injure others

20 Bad custom of the ancients

ib.

140

141

ib.

142

Of the Mutual Commerce between Nations.

21 General obligation of nations to carry on mutual commerce
22 They are bound to favour trade

Sect.

Page

144

24 Right of trading belonging to nations

25 Each nation is sole judge of the propriety of commerce on her own part ib.

26 Necessity of commercial treaties

27 General rule concerning those treaties

28 Duty of nations in making such treaties

145

ib.

ib.

ib.

29 Perpetual or temporary treaties, or treaties revocable at pleasure

30 Nothing contrary to the tenor of a treaty can be granted to a third party 146

31 How far lawful to give up by treaty the liberty of trading with other
nations

ib.

32 A nation may restrict her commerce in favour of another nation . ib.

33 A nation may appropriate to herself a particular branch of trade 147

34 Consuls .

ib.

CHAP. III.

Of the Dignity and Equality of Nations,-of Titles, and other Marks
of Honour.

35 Dignity of nations or sovereign states

36 Their equality

37 Precedency

38 The form of government is foreign to this question

39 A state ought to retain her rank, notwithstanding any changes in the
form of her government

40 Treaties and established customs are to be observed in that respect

41 Name and honours given by the nation to her conductor

ib.

151

42 Whether a sovereign may assume what title and honours he pleases

43 Right of other nations in that respect

Of the Right to Security, and the Effects of the Sovereignty and Independence

53 Right of all nations against a mischievous people

54 No nation has a right to interfere in the government of another state

55 One sovereign cannot make himself judge of the conduct of another

56 How far lawful to interfere in a quarrel between a sovereign and his

subjects

57 Right of opposing the interference of foreign powers in the affairs of

government.

58 The same right with respect to religion

59 No nation can be constrained in religious concerns
60 Offices of humanity in these matters:-missionaries

Sect.

Page

61 Circumspection to be used

62 What a sovereign may do in favour of those who profess his religion

in another state

159

ib.

CHAP. V.

Of the Observance of Justice between Nations.

63 Necessity of the observance of justice in human society

64 Obligation of all nations to cultivate and observe justice

65 Right of refusing to submit to injustice

66 This right is a perfect one

67 It produces-the right of self-defence

68

the right of doing ourselves justice

69 The right of punishing injustice

70 Right of all nations against one that openly despises justice

CHAP. VI.

Of the Concern a Nation may have in the Actions of her Citizens.

71 The sovereign is bound to avenge the wrongs of the state and to pro-

tect the citizens

160

ib.

ib.

161

ib.

ib.

ib.

ib.

161

72 He must not suffer his subjects to offend other nations or their citizens 162

73 The acts of individuals not imputable to the nation

75 Conduct to be pursued by the offended party

76 Duty of the aggressor's sovereign

77 If he refuses justice, he becomes a party in the fault and offence

ib.

ib.

ib.

163

ib.

78 Another case in which the nation is guilty of the crimes of the citizens 164

CHAP. VII.

Effects of the Domain, between Nations.

79 General effects of the domain

80 What is comprehended in the domain of a nation

81 The property of the citizens is the national property with respect to
foreign states

82 A consequence of that principle

83 Connection of the domain of the nation with the sovereignty

89 Rights granted to another nation

90 Not allowable to expel a nation from the country she inhabits

91

nor to extend by violence the bounds of empire

92 The limits of territories ought to be carefully ascertained

93 Violation of territory

94 Prohibition to enter the territory

95 A country possessed by several nations at the same time

96 A country possessed by a private person

Sect.

Page

97 Independent families in a country

98 Possessions of certain places only, or of certain rights, in a vacant

country

170

171

CHAP. VIII.

Rules respecting Foreigners.

99 General idea of the conduct a state ought to observe towards foreigners 171

100 Entering the territory

101 Foreigners are subject to the laws

102

and punishable according to the laws

103 Who is the judge of their disputes

104 Protection due to foreigners

105 Their duties

106 To what burthens they are subject

107 Foreigners continue members of their own nation

108 The state has no right over the person of a foreigner

nor over his property

109

110 Who are the heirs of a foreigner

111 Will of a foreigner

112 Escheatage

113 The right of traite foraine

CHAP. IX.

Of the Rights retained by all Nations after the Introduction of Domain

and Property.

116 What are the rights of which men cannot be deprived

117 Rights still remaining from the primitive state of communion

118 Right retained by each nation over the property of others

119 Right of necessity

120 Right of procuring provision by force

121 Right of making use of things belonging to others

122 Right of carrying off women

123 Right of passage

How a Nation is to use her Right of Domain, in order to discharge her Duties

towards other Nations, with respect to the Innocent Use of Things.

131 General duty of the proprietor

132 Innocent passage

. 183

ib.