INDEX TO VOLUME VI.

ACTS of CONGRESS. The Act of September, 1789, sect. 25.

decided, in Virginia, to be unconstitutional,
Contra in the Supreme Court of the United States,

313

460

The United States cannot prosecute in the State Courts for
offences against their laws,

113

of LEGISLATURES. In New York, the Act of April, 1811, is
an insolvent and not a bankrupt law,
The States may pass such laws notwithstanding the power
granted to the United States, provided they do not inter-
fere with the system established by Congress,
Insolvent laws are not laws impairing the obligation of con-
tracts within the meaning of the constitution,

474

A discharge under the act of 1811 of a person residing within
this state, may be pleaded to an action brought by a citizen
of Massachusetts, although the debt was contracted in that
state, and payable there,

In Pennsylvania, a similar decision to the
above, excepting the first and last point, has been made on
the act of March, 1812,

In Virginia, the 13th section of the Act
concerning Marriages declared to be contrary to the Bill of
Rights,

In South Carolina, a discharge under the
insolvent law cannot suspend or weaken process in the Cir-
cuit Court of the United States, for the same district, so as
to entitle a defendant in the marshal's custody on mesne
process, to be released on common bail,

Such a law declared to be an interference between credit-
ors and debtors, and it tends to impair the force of contracts,
AGREEMENT, AN, between the master and a passenger, that the latter

ib.

ib.

ib.

547

502

117

ib.

shall remain on board until he has paid his freight, is lawful, 123
557

ADMIRALTY, Sir Leoline Jenkins, on the law of,
ALLEGIANCE, whether the inhabitants of the United States, born here

before the Declaration of Independence, are, on going to
England, to be considered as natural born subjects,

30

ALIENS, commorant in their own country, cannot maintain any
action, in the country of the belligerent,

APPRENTICE, an assignment of his indenture, is not valid, without
the assent of his parent, or guardian,

An indenture executed before an alderman of Philadelphia is
valid,

ARBITRATION LAW, Governor M'Kean's reasons against the,
ATTORNEY, Letters of, how executed in Pennsylvania,

BARRATRY, resistance by the master of a neutral vessel to the search

of a belligerent, is,

BELLIGERENT rights. See Laws of Nations.

CAPTURE, its effects upon wages,

CHANCERY Court, cannot entertain a criminal prosecution,
CONNECTICUT, judiciary of,

DEEDS, how executed in Pennsylvania,

97

108

ib.

506

464

461

DIGESTS, specimen of a translation of the,

FEDERALIST, the, by whom written,

Note.-The accuracy of this article has been denied by Wil-
liam Coleman, Esq. whose intimacy with General Hamil-
ton, entitles his opinion to great respect. He has promised
to give some information, from which our statement may be
corrected hereafter.

FISHING, the right to take shell-fish on the land of an individual, be-
tween high and low water mark, is a common right,

FREIGHT, where part of the cargo is landed, the freight earned on it

is liable to the seamen, even though the part thus landed
should afterwards be destroyed or lost,

INFORMATION, prosecution by, is unconstitutional in Ohio,

And in Virginia, in the Chancery court,

INSOLVENT LAWS, not against the constitution or laws of the United

States,
Contra,

JENKINS, Sir Leoline, his argument on the law of Admiralty,

KERR, Col. account of his trial,

LAWS, on the promulgation of the,

of the United States, Rush's edition,

of the Spanish Indies, Workman's translation of the,

278

12

113

502

174, 474

117

557

132

152

152

285

LAWS of Justinian, Workman's translation of the,

of the Partidas, concerning slaves,

OF NATIONS, one sovereign state cannot make use of the mu-
nicipal courts of another government to enforce its penal
laws,

Ambiguity of the term, Law of Nations,

Idea of the Law of Nature,

Of the natural universal Law of Nations,

Of the particular European Law of Nations. It is founded on
positive principles, and on the usages and customs which the
European Nations have introduced among themselves,
Existence of the European Law of Nations. Asiatic, Afri-
can, and American Law of Nations,

The European Law of Nations is mutable,

It should be found in cases therein referred to,
How proof of it should be made,

207

465

113

161

ib.

162

ib.

163

ib.

164

Facts, contradicted by others, or to which others are effectu-
ally opposed, cannot serve as proof of the European Law
of Nations,

Whether conventions and treaties of peace concluded be-
tween the states of Europe may serve for it,
Another question concerning the proof of the European Law
of Nations to be drawn from conventions.
When the European Law of Nations is dubious, recourse must
be had to the Universal Law of Nations,

A neutral state, being the friend of both belligerent parties,
they are bound to similar conduct towards the neutral,
A neutral preserves all the rights which she had before the war,
nor can the belligerents impose any new obligations upon
her,

A prince who aids one belligerent party becomes the enemy of
the other, and his neutrality thenceforth ceases,
Whether it is compatible with neutrality to give auxiliary
troops to one of the belligerent parties?

167

ib.

ib.

Whether a state may pay one of the belligerent parties subsi-
dies without thus violating its neutrality?

168

Of dominion in rivers, lakes, gulfs, and straits. Sovereign-
ty of the Romans in the Mediterranean sea; that of Den-
mark in the Sound,

169

The high seas and the ocean are subject to no dominion.

Rights of the states of Europe on their shores and the sea

which surrounds them,

170

LAWS OF NATIONS:-Pretended sovereignty of the Venetians over the
Adriatic sea, of the Genoese over that of Liguria, of the En-

glish over the British sea. The lowering of flags and sails
there required by the latter,
The use of the high seas is free and common to all nations for
navigation, having either commerce or war for its end.
Equal rights of people to both,
Advantages of commerce to people,

ib.

-

172

ib.

Objects of commerce, all from which merchants expect any
profit,

-

ib.

The sovereigns of states between which commerce is carried
on, can alone permit, interdict, or restrain it,

173

-

ib.

It is their laws only that their commercial subjects are bound
to obey,
One state has no right to hinder the commerce of the subjects
of another, with which it is at peace,
The subjects of a neutral state may trade with the belligerent
parties, without either of the parties being at liberty to in-
terdict or molest its commerce,
One of the belligerent parties ought therefore to suffer the
merchants of a neutral country to sell to the other all that
they could sell to it in time of peace,

-

Consequently arms and warlike munitions. A particular rea-
son why this commerce cannot without injustice be inter-
dicted to certain nations,

Neutral merchants do but exercise their right by selling war-
like munitions to belligerents. They do wrong therefore to
none whatever,

One of the belligerent parties cannot, by his own authority,
except any species of merchandize with which the neutral
merchants are not to supply the other party, and still less in-
terdict all commerce with the other,

A belligerent party having occupied his adversary's country,
may limit the commerce of neutrals there, and interdict it
altogether,

ib.

174

ib.

ib.

ib.

175

ib.

In like manner all commerce may be interdicted, and all com-
munication with a place besieged or blockaded by its troops, 176
Excepting these cases belligerents have no right to prohibit
neutrals' commerce in any merchandise whatsoever, nor to
molest it in any place,

Whether the universal law of nations gives belligerents the
power to stop neutral merchant vessels on the high sea, to
visit and seize them as good prize?

ib.