This right cannot be withheld without good cause. How are criminals fleeing from other nations to be disposed of?

After an examination before the proper officer, sufficient to put them on trial, they are to be delivered up to the nation to whom they belong.

Who are ambassadors?

They are agents of a foreign government. They owe no allegiance to the government to which they are sent. Are they, like other strangers residing within the state, amenable to its laws?

They are not if guilty of crime, they must be dealt

with at home.

How many grades of ministers are there?

Ambassadors are the highest; ministers plenipotentiary and envoys extraordinary are next in grade; resident ministers the third; charge de affaires the fourth. In the United States, the highest grade of ministers sent abroad is a minister plenipotentiary.

What is the salary of a minister plenipotentiary?

It is $9000 a year, and $9000 outfit. A resident minister has $6000, and $6000 outfit. Charge de affaires has $4500, and $4500 outfit.

What are consuls ?

They are commercial agents residing in foreign countries: they approximate to diplomatic dignity, and have protection from the law of nations.

What is war?

It is one of the highest trials of right. Nations are to each other as individuals: they have no other mode of settling difficulties.

Is not the matter in difference sometimes referred to a friendly power to arbitrate upon?

It is, but this must be by mutual consent: there is no mode of compelling a settlement.

What is the duty on which our social compact is founded?

It is self defence. Protection by the government is an implied obligation to all its members: this extends to persons and property: for this the members contribute to its support, and are bound to aid in time of war. When should war be resorted to?

Only in cases of absolute necessity: if bound by treaty, only when required by the league as ally.

Where does the right of making war reside?

Among the republics of Italy and Greece, the right was with the people collectively. Among the Germans, in their popular assemblies. Among absolute sovereigns, the right belongs to the king. In England, France, and Holland, though the Kings declare war, they rely on their legislative assemblies for the means of carrying it on.

In what manner was war in past ages declared?

By sending a herald at arms, stating grievances and demanding redress.

Is this formality now required?

It is not. The withdrawal of a minister is sometimes considered a declaration of war. The Congress of the United States pass an act declaring war, which is a declaration to the world of war.

Are subjects parties to the war?

They are; unless by stipulation, treaty, or statute, not to be dealt with as enemies. Property is confiscated, and the person is imprisoned. This, in the United States, must be done by special law; otherwise the property may be reclaimed by the owner after the peace.

What effect do embargoes have upon the modern rule

of reclamation?

They destroy it.

Are debts due to an enemy confiscated by the war?

Until the 18th century, they were held to be confiscable; and in strict right are so held now in the United States; but it rests with the national legislature to sanction it or not. The right is contrary to practice, and condemned by conscience. The right does not apply to property wrongfully taken before the war.

Can the subjects of nations at war carry on trade?

They cannot the contracts are void.

This may by special permission in some cases be done.

How far does the soil give character to the owners and the products?

If the country is that of an enemy, the soil is held to be so, and the owner an enemy and the products also. What is a domicil?

It is a place of permanent residence of an individual and family. The domicil gives character to those in an enemy's country. The residence in an enemy's country must be with intention to remain in order to change the character.

OF THE MUNICIPAL LAW,

SOMETIMES DENOMINATED THE CIVIL LAW.

What is the municipal law?

It is the law that every state prescribes for itself. Thus understood, it is a rule of civil conduct, prescribed by the supreme power in the state, commanding what is right and forbidding what is wrong.

It is a rule. Why? Because it is applicable to all,

and at all times, and not an order applicable to one, suited to one time, from a superior.

Why is it called a rule?

To distinguish it from a compact or agreement; one is a promise, the other a command. It is also a rule of civil conduct. Why? To distinguish it from moral conduct and from faith. It is prescribed: or, no rule which is not promulgated can be a law. It is prescribed by a superior, and therefore applicable to every individual. The promulgation may be viva voce or by writing or printing.

How many parts may laws be said to have?

Three.

What are they denominated?

First, a declaratory part, which shows a right to be maintained and a wrong to be eschewed; second, the directory, whereby the subject is enjoined to observe the right and abstain from the wrong; third, the remedial, where a method is given to redress the private wrongs and enforce the private rights of individuals; fourth, the sanction or penalty: this is the vindicatory part of the law by it is signified what evil or penalty is incurred. When are crimes denominated mala in se?

When the offence is a violation of the law of nature and of God. Natural rights established by God and nature, such as life and liberty, need not the aid of human laws when violated.

What laws derive all their power from the law makers? Those enacted concerning things before indifferent: the inspection of leather, the stamping of paper. The violations of these laws are deemed positive offences.

Is it the duty of every citizen to obey the law?

It is the duty of all men to honor and obey the law. The violation of the law is a moral offence.

Is suffering the penalty a satisfaction of the offence? It is not a moral satisfaction of the law in the court of conscience. Obedience to the law is a Christian duty under every law-giver. That it is the law is the end of

the enquiry.

Does it make any difference whether it is a divine law or human?

It does not obedience is required to all laws.
How are laws interpreted?

To ascertain the will of the law-maker. The most natural and probable signs are made use of.

What are these signs?

They are, the words, the context, the subject matter, the effects or consequences, or the spirit and reason of the law: First, the meaning of the words in the popular use, with or without regard to grammar. Where terms of art are used, they are to be taken as they are understood in it; second, if the words are doubtful, the context is to be resorted to; third, words are to be regarded as having reference to the subject matter; fourth, by effects and consequences; fifth, and lastly, by the reason and spirit of the law.

How are laws divided?

Into lex scripta, and lex non scripta: written and unwritten.

What are the written laws?

They are the statute laws passed by the legislature. What is the common or unwritten law?

General customs, or a rule binding over a whole state or kingdom; second, particular customs which are obser