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INTERNATIONAL LAW: PUBLIC

(continued).

belligerent may be furnished with munitions of war, 246.

belligerent recruiting in neutral state a breach of neutrality, 247.

so of giving passage to belligerent, 248.

permitting the fitting out and sailing of cruisers a breach of neutrality, 249.
freedom of sale not to be confounded with liability to confiscation, 250.
coaling forbidden from a constant base, 251.

INTER-OCEANIC CANAL, neutralization of, 150.
INTERPRETATION, by what law determined, 316.
INTERPRETATION OF STATUTES, rules as to, 604 et seq.
INTERPRETATIVE TREATIES, nature of, 155.
INTERSTATE COMMERCE :

constitution secures freedom of trade between states, 418.

this required by diversity of climate, of soil, of population, 419.

state cannot close interstate waters, 420.

United States has exclusive power of regulating foreign and interstate com-
merce, 421.

commerce may be regulated on land, 422.

exception as to matters of necessarily local law, 423.

quarantine laws are under state power. So of wharfage and pilotage laws,

424.

does not prevent states from exercising police exclusion, 425.

restriction does not touch purely interstate transactions, 426.

establishing by state of ferries and river improvements not forbidden, 427.
power authorizes laws limiting liability of ship owners, 428.

extends to rivers and tributary to lakes, 429.

tonnage duties prohibited, 430.

INTERSTATE LAW:

a law though not necessarily expressed by a sovereign, 26, n.
distinguishing features of, 26.

public acts and records of each state to be recognized in other states, 538.

question of extra-territorial service still open, 539.

citizens of each state entitled to citizenship in other states, 540.

fugitives from justice to be surrendered, 541.

must be "fleeing" from justice, 542.

demand must be based on prima facie case of crime, 543.

arrest may be had in advance of requisition, 544.

no defence that defendant is amenable in asylum state, 545.
fugitive not privileged from any but specified charge, 546.
governor of asylum state cannot be compelled to act, 547.
INTERSTATE NAVIGATION, under control of congress, 420.
INTERSTATE RIGHTS:

public acts and records of each state to be recognized in other states, 538.

question of extra-territorial service still open, 539.

citizens of each state entitled to citizenship in other states, 540.

fugitives from justice to be surrendered, 541.

INTERSTATE RIGHTS-(continued).

must be "fleeing" from justice, 542.

demand must be based on prima facie case of crime, 543.
arrest may be had in advance of requisition, 544.

no defence that defendant is amenable in asylum state, 545.
fugitives not privileged from any but specified charge, 546.
governor of asylum state cannot be compelled to act, 547.
INTERSTATE WATERS, cannot be closed by state, 420.
INTERVENTION:

permissible in matters disturbing public peace, 174.

objections to European intervention in America, 175.

INVADER may establish provisional government, 212.

INVASION OF FRIENDLY STATE, when excused by necessity, 146.
INVIOLABILITY OF TERRITORY, an international rule, 146.
“INVOLUNTARY SERVITUDE," meaning of, as abolished, 584.
IRON, when contraband of war, 226.
ISLANDS, international title to, 153.
ITALY, effect of consolidation of, 134.

JAY'S TREATY, question as to ratification of, 506.
JEFFERSON, defence of privateering, 201

views of, on constitution, 246, 365, 391, 414, 462.
JEOPARDY, meaning of, under constitution, 562.
JEWS, influence of, on international law, 126.
JOURNAL must be kept by houses of congress, 397.
"JUDGE-MADE LAW," a necessity of litigation, 30.
JUDGES, power of, in law making, 29 et seq.

See COURTS; JUDICIARY.

power of, as to habeas corpus, 534 et seq.
JUDGMENTS, interstate, effect of, 538.
JUDICIAL EVOLUTION, necessity of, 29, 30.
JUDICIAL NOTICE taken of history, 359, 360.
JUDICIARY, POWERS OF:

judicial power of the United States extends to cases under United States
constitution, laws, and treaties; to cases of admiralty and maritime
jurisdiction; and cases in which the United States or states are parties,

516.

judicial powers are in the main apportioned by congress, 517.

supreme court has no general or final jurisdiction, 518.

supreme court has final jurisdiction in all conflicts with state courts as to
Federal constitution and laws, 519.

"citizen" in the clause giving Federal courts jurisdiction means "resi-
dent," 520.

by statute cases may be removed from state to Federal court, 521.

political questions not of judicial cognizance, 522.

admiralty and maritime jurisdiction to be distinguished, 523.

Federal courts have no common law jurisdiction of crimes, but statutory
jurisdiction is exclusive, 524.

JUDICIARY, POWERS OF-(continued).

territorial courts may be constituted by congress, 525.

Federal courts adopt state rules and practice as to state questions, 526.

in questions of concurrent jurisdiction, tribunal that first takes control re-
tains it, 527.

United States may be sued in court of claims, 528.

cannot take cognizance of matters political, 389.

mischief arising from forcing on the judges political functions, 390.

cannot control executive, 391.

responsibility of, and restraints on, 394.

JURE DIVINO view of international law, 131.
JURIDICAL LAWS, distinctive features of, 1.

JURISDICTION, CONCURRENT, of Federal government and states, 381.
collision of, in criminal cases, 524.
in other cases, 527. See JUDICIARY.

JURISDICTION OF CRIMES, conflict as to, 350.

under Federal constitution, 579.

JURISDICTION, INTERNATIONAL, RULES AS TO:

local actions to be brought in local courts; otherwise as to transitory
actions; process determined by lex fori, 343, 344.

extra-territorial summons now generally permitted, 344, 539. As to distinc-
tive questions in the United States, see COURTS; JUDICIARY; CRIMES.
country where offence takes effect has jurisdiction, 350.

offence may be cognizable in a plurality of jurisdictions, 351. See, gen-
erally, INTERNATIONAL LAW.

JURISPRUDENCE. See Law.

JURY must be impartial, 579.

JURY SYSTEM, evolution of law as to, 17.

JURY TRIAL secured in United States courts, 581.

JUSGENTIUM, nature of, 124.

JUSTICE, fugitives from, surrender of, 541.

KANT, views of, as to origin of law, 54.

KENT, CHANCELLOR, value of commentary of, 109.

view of, as to territorial waters, 192.

"LAISSEZ FAIRE," recognition of doctrine in law, 5, 28, 365.
LAKES, admiralty jurisdiction of, 523.

international relations of, 192.

LAKES, INLAND, under power of congress, 429.

LAW, DUE PROCESS OF, 566. See DUE PROCESS of Law.

LAW, HISTORY OF, 66 et seq.

old French law the foundation of Norman law, 66.

Anglo-Saxon law of distinctive origin, 67.

Anglo-Norman law a product of both, 68.

statutes distinguished from common law, 69.
practice as to writs, 70.

See 594.

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Objections based on his optimism and finality, 89.

Bentham as the champion of reform, 90.

Austin as a leader of juridical thought, 91.

defectiveness of his analysis, 92.

his theory of origin and authority of law unsatisfactory, 93.

and so of his view of development of law, 94.

system defective in leaving out of sight moral sense, 95.

rejection of moral sense not consistent with common law rulings, 96.

utility not a satisfactory substitute from its indefiniteness, 97.

so from its arbitrariness, 98.

so as ignoring national traditions, 99.

so as to national genius, 100.

Austin's conception of negligence defective, 101.

merits as a reformer, 102.

merits as vindicating "judiciary law," 103.

mystical and logical schools of utilitarians, 104.
distinctive views of Holland, 105.

of Herbert Spencer, 106.

reforms recently adopted in England, 107.

American jurists: Story, 108.

Kent, 109.

Wheaton, 110.

in this country the colonies received the common law as far as adapted to
their particular conditions, 111.

recent English reforms anticipated in the United States, 112.

and so of "prevalence of equity," 113.

fixity of a code incompatible with destiny required by evolution, 114.

LAW, NATURE AND CLASSIFICATION:

term "law" to be restricted to the juridical government of man, 1.

law is based on express command or established rule, but not necessarily by
a sovereign, 2.

as to scope, law may be international, federal, state, or municipal, 3.
object of law is distribution of justice, 4.

exceptions in cases of self-protection, 5.

66

schools of jurisprudence may be classified as analytical,' "theocratic,"
"ethical," and "historical," 6.

legal right is the right to control another, 7.

to a legal right it is essential that there should be a party privileged, a
party bound, and a thing to be done, 8.

inappropriateness of term "rights of things," 9.

law a condition of liberty, 10.

"sanction" is the detriment imposed on disobedience, 11.
distinction between written and unwritten law illusory, 12.

statutory law is law imposed in fixed words, 13.

custom is the first stage in the formation of law, 14.

custom makes law, not law custom, 15.

common law the product of right reason based on national conscience and
need, 16.

not essential to common law that it should have existed time out of
mind, 17.

British constitution emanating from national conditions, 18.

so as to constitution of the United States, 19.

unconscious change of institutions illustrated by slavery, 20.
paper law giving way to instinctive and customary law, 21.
law made to bend to national conditions, 22.

illustrated in Pennsylvania, 23.

illustrated in Massachusetts, Rhode Island, and Louisiana, 24.
illustrated in other states, 25.

that a sanctioning sovereign is not essential shown by law of nations, inter-
state, and Indian law, 26.

laws not declaratory are inoperative, 27.

this position does not involve unchecked democracy, 28.

no case bound by exact precedent, 29.

necessary logical evolution by courts, 30.

this not necessarily arbitrary, 31.

nor is such law ex post facto, 32.

evolution not antagonistic to free-will or theism, 33.

process does not preclude occasional receding and revision, 34.

"prevalence of equity" in like manner "evolved," 35.

admiralty law is the law of the sea, 36.

martial law is the law by which an army is governed, 37.

military law is the law applied by a military commander to the territory

occupied by him, 38.

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