The Law of Nations Affecting Commerce During War: With a Review of the Jurisdiction, Practice and Proceedings of Prize Courts

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John S. Voorhies, 1863 - 503 страница

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Rule of exclusion does not operate if it would deprive the neutral of his accustomed
267
Margaretha Magdalena the
269
The armed neutrality
274
What is a violation of blockade
283
Twee Gebroeden the
285
Case of The Elizabeth
290
Blockade of the southern ports of the United States
298
JUDICIAL CONSTRUCTION OF THE Ex STIVE PROCLAMATION
309
Opinion of Justice Grier
323
Twee Gefroen the
328
Destined useimportant consideration in determining questions of contraband
330
Applies only to merchant vessels
336
Two Brothers the
339
The right as applicable to ships of war
343
Talbot vs Johnson 391
349
CHAPTER VI
383
Rules as to first duty of captors on securing possession of prize
393
PRIZE COMMISSIONERS Their appointment powers and duties
396
Service and monition
402
The national character of prize property generally the principal issue
408
Distributive proportions
414
MILITARY SALVAGE Its amount in the United States fixed by statute
420
FARTHER PROOF Order forwhen made
426
Rapid the 23
428
THE DUTY OF CAPTORS
436
C
438
Case of The Louisa Agnes United States District Court New York
442
Duty of captors as to vessels papers found on board at the time of capture
449
Witnesses to be examined without the presence of counsel
455
Vessels within signal distance entitled to share
461
Decree of distribution How required to be rendered by the act of March 25th 1862
463
APPENDIX
471
0
476
Standing interrogatories to witnesses examined in preparatorio
479
V
485
Proclamation of emancipation
493
No commission requisite for recapture 242
501

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Страница 494 - And I do hereby enjoin upon and order all persons engaged in the military and naval service of the United States to observe, obey, and enforce, within their respective spheres of service, the act and sections above recited. And the Executive will in due time recommend that all citizens of the United States who shall have remained loyal thereto throughout the rebellion shall (upon the restoration of the constitutional relation between the United States and their respective States and people, if...
Страница 280 - And whereas it frequently happens that vessels sail for a port or place belonging to an enemy, without knowing that the same is...
Страница 494 - ... against the laws, unless the person claiming said fugitive shall first make oath that the person to whom the labor or service of such fugitive is alleged to be due, is his lawful...
Страница 488 - And We do hereby declare that all Our Subjects, and Persons entitled to Our Protection, who may misconduct themselves in the premises, will do so at their peril and of their own wrong, and that they will in nowise obtain any Protection from Us against any liabilities or penal consequences, but will, on the contrary, incur Our high Displeasure by such Misconduct.
Страница 489 - That the proceeds of all ships and vessels, and the goods taken on board of them, which shall be adjudged good prize, shall, when of equal or superior force to the vessel or vessels making the capture, be the sole property of the captors; and when of inferior force, shall be divided equally between the United States and the officers and men making the capture.
Страница 488 - And we do hereby further warn all our loving subjects, and all persons whatsoever entitled to our protection, that if any of them shall presume, in contempt of this our royal proclamation, and of our high displeasure, to do any acts in derogation of their duty as subjects of a neutral sovereign, in the said contest, or in violation or contravention of the law of nations...
Страница 382 - Prevent the long-aimed blow. And crush the tyrant while they rend the chain : These constitute a state ; And sovereign law, that state's collected will, O'er thrones and globes elate Sits empress, crowning good, repressing ill : Smit by her sacred frown, The fiend, discretion, like a vapor sinks ; And e'en the all-dazzling crown Hides his faint rays, and at her bidding shrinks.
Страница 257 - ... or persons whatsoever do commit any act, matter, or thing whatsoever, contrary to the provisions of the said statute, upon pain of the several penalties by the said statute imposed, and of our high displeasure. And we do hereby further warn all our loving subjects, and all persons whatsoever entitled to our protection, that if...
Страница 488 - ... contravention of the law of nations in that behalf; as, for example, and more especially, by entering into the military service of either of the said contending parties, as commissioned or non-commissioned officers or soldiers; or by serving as officers, sailors, or marines on board any ship or vessel of war or transport of or in...
Страница 370 - Could the seizure of British subjects in such cases be regarded as within the exercise of a belligerent right, the acknowledged laws of war, which forbid an article of captured property to be adjudged without a regular investigation before a competent tribunal, would imperiously demand the fairest trial where the sacred rights of persons were at issue. In place of such a trial these rights are subjected to the will of every petty commander.

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