may be pertinent to add that the third and fourth chapters were also printed at the same time, though, by the failure of eyesight, the writer was prevented from proceeding with the publication as then intended, and the plan of the remaining portion was afterwards enlarged, in view of considering more fully the questions involved in the case of Dred Scott v. Sandford, decided December term, 1856, in the Supreme Court of the United States.

NEW YORK, August, 1858.

CONTENTS.

[OBSERVATION.-The several chapters of this work, though numbered continu-
ously, may be classified into three parts or divisions. First, The Elementary or Ab-
stract Portion, contained in the first and second chapters; Second, The Historical
Portion, contained in the third and following chapters, to the eleventh, inclusive; and
Third, The Practical Portion, contained in the remaining chapters of the work. A
corresponding arrangement into Books or Parts, such as is sometimes made in the
treatises, has not been adopted, from believing that such subdivisions practically di-
minish facility of reference, and that it will be sufficient to call the attention of the
reader to this essential feature in the composition.]

CHAPTER I.

LAW DEFINED AND DIVIDED.

ITS OBJECT, ORIGIN, EFFECT AND EXTENT.

Law defined.

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SEC.

1. The primary and secondary meanings of the word law,

2. The law of nature, whether so called in the primary or in the sec-

ondary sense,

3. Two different views taken of the source of law, so called in the pri-

mary sense,

4. Meaning of the term jurisprudence, and whether it includes ethics,

5. Jurisprudence is the science of a rule identified with the will of the

state,

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3

4

5

.

6. The natural law, being law in the secondary sense, is recognized in

jurisprudence,

7. The natural law, being law in the primary sense, is determined by

the state when recognized in jurisprudence,

8. In jurisprudence the natural law is not contrary to the will of the

state,

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SEC.

Law divided.

9. Of national law, otherwise called municipal,

10. International law, a rule acting on nations as its subjects,

11. The authority of national and international law compared,

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8

9

12. International law, acting on nations, is not law in the strict sense,

13. The recognition of natural law in national and international law,

14. Natural law becomes a coercive rule in being identified with the will

of the state,

10

10

11

15. Insufficiency of Blackstone's definition of municipal law,

16. Who may ascertain the law of nature for the state,

17. Positive law and jurisprudence, defined, .

18. Comprehensiveness of the term jurisprudence,

19. General or universal jurisprudence defined,

20. Use of the term "law of nations,"

Object of the law.

21. Of the distinction between persons and things,

22. Relations consist of rights and obligations,

23. Rights of persons and rights of things distinguished,

24. Subjects and objects of rights,

25. Public and private law distinguished,

26. Law applies to territory and to persons,

27. National and international law are thus differently applied,

35. Unwritten or customary law, a part of positive law,

38. Universal jurisprudence, a part of national and of international law, 34

39. The law of nature may be variously received,

42. The legal and the ethical idea, and objective and subjective apprehen-

sion of liberty,

38

48. International law divided into two portions,

49. The first portion described, a law in the secondary sense,

50. The second portion described, a law in the primary sense,

51. Of the dominion of a state and its national law,

52. The exposition of law is always historical,

53. The national law is internal or international according to its personal

55. The law has different extent to different persons,

56. Its extent to persons depends on the will of the state,

57. Of laws of universal personal extent,

58. The extent of laws manifested in the application of international

law,

CHAPTER II.

FARTHER CONSIDERATION OF THE NATURE OF PRIVATE INTERNATIONAL

LAW; ITS ORIGIN AND APPLICATION. ITS EFFECT UPON CONDITIONS

OF FREEDOM AND BONDAGE.

Conceptions preliminary to the existence of private international law.

59. Connection of the subject with axioms already stated,

60. International law acts on private persons in being enforced by some

one state,

61. Private persons are distinguished by axiomatic principles of universal

jurisprudence,

62. Of the universal reception of such maxims in international law,

63. Statement of the first two of these maxims,

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54

55

64. These maxims are law in the secondary sense,

55

65. A distinction among the relations recognized in international law,

56

66. A necessary difference of international coöperation in determining

these relations,

67. Statement of the third maxim,

68. Necessary identity and coëxistence of these maxims,

69. The international law, how distinguishable from internal law,

B

SEC.

In what manner private international law is developed.

70. Possibility of a maxim of international law which shall be a rule of

action,

71. Difference in the power of any one state to determine one or the

other class of international relations,

72. Difficulty of finding a rule greater in respect to one class of relations

than the other,

73. Under which class of relations are those of which status or condition
is an incident,

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61

62

65

74. The recognition of anterior subjection to a foreign law,

75. Of rights which may and which may not continue after a change of

jurisdiction,

Duty of judicial tribunals applying international law.

80. Judicial comity is in fact customary law,

81. How later jurists have followed Huber,

76. The tribunal must ascertain the will of the state in the case,

66

77. Consequence of the recognition of the jural character of the laws of

71

73

74

82. Story's version of Huber's third maxim,

84. Practical effect of the ordinary doctrine of judicial comity,

85. Judicial measure of the allowance of foreign laws under what is call-

ed comity,

86. Laws of different origin but similar in effect,

87. Laws of different origin and dissimilar in effect,

88. The effect of foreign laws limited by laws having universal personal

extent,

89. Of exceptions to the extent of laws otherwise known as universal in

extent,

90. Effect of such exception in the allowance of foreign law under what

is called comity,

91. Individual rights may be attributed by laws of universal personal

92. Laws of universal personal extent discriminated by judicial action,

93. The juridicial action of all or many nations is a criterion of the ex-

tent of laws,

94. Universal jurisprudence cognizable from the history of the law

among all or many nations,

95. Universal jurisprudence, derived a posteriori, becomes applied a

84