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A.
TREATISE -

ON

THE LAW OF WAR.

Translated from the original Latin of

CORNELIUS VAN BYNKERSHOEK.

BEING-
THE FIRST BOOK

- of his

QUAESTIONES j URIS PUBLICI.

WITH NOTES,

BY PETER STEPHEN DU Ponceau,

Cannsellor at Law in the Supreme Court of the United States
of America.

- Ne fortior omnia possit.—Ovi p.

PHILADELPHIA:

Published by Farrand & Nicholas; also, by Farrand, Mallory & Co., Boston;
P. H. Nicklin & Co., Baltimore; D. Farrand & Green, Albany;
Lyman, Mallory & Co., Portland; and Swift &
Chipman, Middlebury, (Vt.)

Fry and Kammerer, Printers.

1810.

District of Pennsylvania, to wit:

:****: BE IT REMEMBERED, That on the eighth day of :Seal.: October, in the thirty fifth year of the Independence of :*ss.: the United States of America, A. D. 1810, Farrand and Nicholas, of the said district, have deposited in this of. fice the title of a book, the right whereof they claim as proprietors in the words following, to wit: “A Treatise on the Law of War. Translated from the original Latin of Cornelius Van Bynkershoek. Being the first book of his Quæstiones Juris Publici. With Notes, by Peter Stephen Du Ponceau, Counsellor at Law in the Supreme Court of the United States of America. — Ne fortior omnia possitOvid.” In conformity to the act of the congress of the United States, intituled, “An act for the encouragement of learning, by securing the copies of maps, charts and books, to the authors and proprietors of such copies, during the times therein mentioned.” And also to the act, entitled “An act supplementary to an act, entitled “An act for the encouragement of learning, by securing the copies of maps, charts, and books, to the authors and proprietors of such copies, during the time therein mentioned,” and extending the benefits thereof to the arts of designing, engraving, and etching historical and 6ther prints.” D. CALDWELL, Clerk of the District of Pennsylvania.

TABLE OF CONTENTS.

Page PREFACE . . . . . . . . . . . . . . . . v An account of the life and writings of the author . . . xiii

A brief alphabetical notice of the several writers and works on the civil law and the law of nations, not generally known, and which are quoted or referred to in this book xxiii

A table of American and English cases, cited or referred to in the notes . . . . . . . . . . . . . . xxxi

Table of reference, to enable the reader to find the passages quoted from the text of the civil law . . . xxxiii

CHAPTER I. Of War in general . - - - CHAPTER II.

Of a declaration of war . . . . . . . . . . . 6 CHAPTER III.

Of War, considered as between enemies . . . . . . 18 CHAPTER IV.

Of the capture of movable property, and particularly of ships 27 CHAPTER V.

Of the recapture of movable property . . . . . . . 36 CHAPTER VI.

Of the possession of immovables taken in war . . . . 45 CHAPTER VII.

Of the confiscation of the enemy's actions and credits . . 51 CHAPTER VIII.

Of hostilities in a neutral port or territory . . . . . . 58 CHAPTER IX.

Of Neutrality . 66 CHAPTER X.

Of Contraband - - - - - - - - . . 74 CHAPTER XI.

Of Trade with blockaded and besieged places . . . . . 82

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