against a nation for the actions of its
subjects, ib.

but not in favour of foreigners, ib.
those who have given cause for, ought
to indemnify the sufferers, 286.
what deemed a refusal to do justice, 286,
287.

arrest of subjects by way of, 287, 481.
instances of, ib.

our right against those who oppose re-
prisals, 287.

just reprisals do not afford a just cause
of war, 288.

how we ought to confine ourselves to
reprisals, or proceed to extremities,
288, 289.

when latter course preferable, 289.
of reprisals during war, 348.

whether may be made on ambassadors,

RIGHTS.

See OBLIGATIONS AND RIGHTS.

RIVERS, STREAMS, AND LAKES,
right of nation thereto, 120.

of river separating two territories, ib.
rules respecting, ib.

1. where nation takes possession of

country bounded by, ib.

priority of possession gives right, ib.
2. and appropriates to itself the use
thereof, ib.

3. where possession doubtful, ib.

4. where possession long and undis-
puted, 120, and note.

5. where settled by treaty, 120.

of the bed of a river dried up, or taking
another course, 121.

the bed of, belongs to owner of river, ib.
of the right of alluvion, ib.
distinction between, and avulsion, ib.
whether it produces any change in the
right to the river, ib.
where bed of changed, 122.

of works tending to turn the current of,
ib.

when, or not lawful, ib.

or in prejudice of right of others, ib.
rules in relation to interfering rights, ib.
where right of fishery exists, ib.

in cases of navigation, ib.

of lakes, 123, 124. See LAKES.
proprietors of, who, 123.

of the increase of lakes, ib.

of land formed on banks of lakes, 125.
where bed of lake dried up, ib.
jurisdiction over lakes and rivers, ib.
SAFE CONDUCT,

what, 416.

SEA,

what, and when granted, 369.

SEA (continued).

reason for appropriating the sea near the

coast, 128.

how far this possession may extend,
128, 129.

of shores and ports, 129.

of bays and straits, 129, 130.
of straits in particular, 130.
of tax in right of passage, ib.
of the right to wrecks, ib.
when allowed, ib.

to whom belonging, ib.

of a sea included within the territories
of a nation, 130, 131.

of the jurisdiction over the sea, 131.
empire and domain over, not insepara-
ble, ib.

of children born at, 102. See COUNTRY.
SEARCH. See NEUTRALITY.

right of, in neutral ships, 338, 339.
consequences of refusal, ib.
usually settled by treaty, ib.

SOLDIERS (continued).

their pay and quarters, 296.
of mercenary soldiers, 297.

SOVEREIGN,

obligations and rights of, 12.
who is a sovereign, 1, 12.
established for the advantage of society,
13.

representative character of, 14.
origin of, ib.

is intrusted with the obligations of the
nation, ib.

and invested with its rights, 14.
rights of in this respect, 14, 15.
ought to know the nation, 15.
extent of his power, ib.
his prerogatives, ib.

to respect and support the laws funda-
mental, ib.

may change those not fundamental, ib.
ought to maintain the existing laws, 16.
in what sense subject to the laws, ib.
person of, sacred and inviolable, 17.
nation may curb a tyrant, 17, 18.

may withdraw itself from his obedience,

ib.

arbitration between, and his subjects, 20.
obedience which subjects owe to, 21.
when may resist him, ib.

appointment of ministers by, 23.

duty of, in establishing glory of the na-
tion, 91.

of pardoning offenders. See PARDON.
right of, to grant privilege of safe con-
duct, 416.

duty of state to procure release of, when
a prisoner, 436.

right of, over property of subject. See
PROPERTY.

SOVEREIGN STATE,
what, 2.

is such, though bound by an unequal
alliance, ib.

or by treaty of protection, ib.

or to pay tribute, ib.

or to do homage, ib.

STATE (continued).

Its constitution, 8.

duties and rights of the nation in re-
spect to, ib.

of the public authority of, ib.

nation should choose the best constitu-
tion, 9.

of the political, fundamental, and civil
laws of, ib.

of the support of the constitution, and
obedience to the laws, 9, 10.
rights of nation with respect to its con-
stitution and government, 10.
may reform its government, ib.
and change its constitution, ib.
of the legislative power of, 11.
right of, to change the constitution, ib.
of the caution necessary herein, 12.
is the judge of all disputes relating to
the government, ib.

no foreign power has a right to interfere,
ib.

several kinds of states, 23.

STRAIT. See SEA.

of refusing passage through, 130.

of levying tax on vessels passing through,
ib.

STREAM, 120, 121. See RIVER, STREAMS,
AND LAKES.

TAXES,

imposition and regulation of, 111.
each citizen to contribute according to
his ability, ib.

nature of the obligation, ib.

nation may reserve to itself the right of
imposing them, ib.

of money bills, 111, in note.

of the sovereign who has this power, ib.
duties of sovereign with respect to, ib.
application of, 112.

TERRITORY. See COUNtry.
TESTAMENTS,

validity of, how decided, 167.

how construed in England, 167, note.
prisoner of war may make, 398.
TOLERATION. See RELIGION AND PIETY.
when universal toleration advisable, 60.
is so, unless tenets dangerous to mo-
rality, ib.

TOLL.

See PUBLIC WAYS.
foundation of right to, 44, 115.

nature and object of imposition of, 44.
on whom imposed, 44, and note.
TRADE, 37 to 43. See COMMERCE.
TREATIES,

Of alliance and other public treaties, 192.
nature of treaties, 192, and note.
of pactions, agreements, and conven-
tions, 192.

by whom treaties are to be made, ib.
state under protection may make, 193.
limitation of right, ib.

of treaties concluded by proxies and
plenipotentiaries, ib.

by whom ratified, ib.
validity of treaties, 194.

injury does not render them void, ib.
duty of nations herein, ib.

if injurious to state, a nullity, ib.

so, if made for unjust or dishonest pur-

poses, 195.

contraction of, with those who do not
profess the true religion, ib.

obligation of observing treaties, 196.
necessity of, acknowledged by all na-
tions, ib.

glory to nation resulting therefrom, ib.
instances, 196.

violation of, an act of injustice, ib.
cannot be made contrary to those pre-
viously existing, ib.

how concluded with several nations with

same view, 197.

the more ancient ally entitled to pre-
ference, ib.

no assistance in an unjust war, ib.
General division of the subject, 198.

1. those relating to things already due
by the law of nature, ib.

TREATIES (continued).

2. those relating to further engagements,
189.

the former described, ib.
collision of these treaties with duty

we owe ourselves, ib.
treaties by which we barely promise
to do no injury, ib.
utility thereof, ib.

treaties concerning things not na-
turally due, ib.

these treaties described, ib.

are equal or unequal, 198, 199.
of equal treaties, 199.

obligation of preserving equality in
treaties, 199.

difference between equal and unequal
treaties, 200.

of unequal treaties and alliances, ib.
are divided into two classes, ib.

1. where inequality on side of
stronger power, ib.

2. where on side of inferior, ib.
of unequal alliances, 201.
either impair the sovereignty, or they

do not, ib.

how alliance with diminution of sove-

reignty may annul preceding
treaties, 202, 203.

should be avoided as much as possible,
203.

mutual duty of nations with respect
to unequal alliances, ib.

of those where inequality on the side
of the more powerful party, 203,
204.

how inequality may be conformable
to the law of nature, 204.
when imposed by way of punishment,

205.

of personal and real treaties, ib.
personal alliance, what, ib.
expires with him who makes it, ib.
real alliance, what, ib.

always attaches to the state, ib.
unless limited, ib.

distinctions between, to be observed,
ib.

general rules respecting, ib.

naming contracting parties in, does
not make it personal, ib.
alliance by a republic is real, ib.
subsists, though form of government
changed, 206.

of treaties concluded by kings or other
monarchs, ib.

of perpetual treaties, ib.

of those for a certain time, ib.

of treaties for king and his successors,
ib.

treaties for the good of the kingdom,
207,

TREATIES (continued).

presumption, how to be founded in
doubtful cases, 207.

instances in illustration, 207, 208.
obligations and rights resulting from
a real treaty pass to the suc-
cessor, 208.

but general custom for successor to
renew them, ib.

of treaties accomplished once for all
and perfected, 208, 209.
of those accomplished in part, 209,210.
personal alliance expires if one of
parties ceases to reign, 211.
of those in their own nature personal,

211.

where concluded for defence of king
and royal family, ib.

when binding where king deprived of
his crown, ib.
distinction when dethroned by rebels,
ib.

and lawfully dethroned, ib.

instances of Louis 4th and king
William, 212.

obligation of a real alliance where the
king is dethroned, ib.

Of the dissolution and renewal of treaties, ib.
expiration of alliances made for a limited
time, 213.

of the renewal of treaties, ib.
of the tacit renewal of, 213, 214.
how dissolved when violated by one of
contracting parties, 214.

violation of one treaty does not cancel
another, ib.

when violation of part cancels the whole,

215.

is void by the destruction of one of the
contracting parties, 216.

but not by state placing itself under pro-
tection of another, ib.

of treaties dissolved by mutual consent,

217.

Of public conventions in nature of, 218. See
CONVENTION.

when made by sovereigns, ib.
of those by subordinate powers, ib.
of treaties concluded by public person
not having sufficient power, 219.
of the agreement called Sponsio, ib.
state not bound thereby, 220.
effect of, on promiser, ib.
sovereign, how far bound by, 223.
Of the faith of treaties, 229.

what is sacred among nations, ib.
treaties are held sacred between nations,
ib.

faith of treaties is sacred, ib.

and he who violates them violates the

law of nations, ib.

right of nations against violator, 230.

TREATIES (continued).

violation of, by the popes, 230.
this abuse authorized by princes, 231.
use of an oath in treaties, 232.
does not constitute the obligation, ib.
or produce new obligations, ib.
or change the nature of them, ib.

it gives no pre-eminence to one treaty
above another, ib.

cannot give force to a treaty invalid,
233.

of asseverations, 232.

violation of, disgraceful, ib.

faith of treaties does not depend on the
difference of religion, 233.
precautions to be observed in wording
of, 233.

of subterfuges in treaties, 234.

an evidently false interpretation incon-
sistent with faith of treaties, ib.

faith tacitly pledged, ib.

Of securities given for observance of, 235.
guaranty, what, ib.

gives the guarantee no right to interfere,
ib.

nature of the obligation it imposes,
236.

cannot impair the rights of a third party,
ib.

duration of the guaranty, ib.

of treaties with surety, 237.

of pawns, securities, and mortgages,
ib.

right of nation over what she holds as a
pledge, 237, 238.

how obliged to restore it, 238.
how she may appropriate it, ib.

of hostages, 238, 239. See HOST-

AGE.

Of the interpretation of treaties, 244.
necessity of establishing rules of, ib.
general observations herein, 244, and

notes.

maxims respecting, ib.

1st, not allowable to interpret what
has no need of interpretation,
ib.

2d, if he who could and ought to

have explained himself, and has
not done it, it is to his own
detriment, 245.

3d, neither of contracting parties to
interpret according to his own
fancy, ib.

4th, what is sufficiently declared
is to be taken for true, 245,
246.

5th, int. rpretation ought to be made
according to certain rules, 246.
faith of treaties lays an obligation to
follow these rules, 247.
general rule of interpretation, ib.

absurd interpretations should be re-
jected, ib.

absurdity described, and instances, ib.
interpretation rendering treaty void not
to be admitted, 253.

obscure expressions, how interpreted,
254.

interpretation founded on the connection
of the discourse, ib.

or drawn from the connection, &c. of
the things themselves, 255.
to be founded on the reason of the deed,
256.

how, where many reasons have con-
curred to determine the will, 257.
what constitutes a sufficient reason for
an act of the will, ib.

extensive interpretation founded on the
reason of the act, ib.

of frauds tending to elude laws and
promises, 258.

of restrictive interpretations, 259.

use of, to avoid falling into absurdities,

ib.

or into what is unlawful, ib.

or into what is too severe and burthen-
some, 260.

how it ought to restrict the signification
agreeably to the subject, ib.
when change happening in the state of
things forms an exception, 261.
interpretation of, in unforeseen cases,
262.

reasons arising from the possibility and
not the existence of the thing, ib.
where expressions capable of an ex-
tensive and a limited sense, 263.
of things favourable and things odious,
ib.

favourable, when tending to the common
advantage, 264.

odious, when to the contrary, ib.
so, of things useful to human society,
265.

whatever contains a penalty is odious, ib.