The Law of Nations Affecting Commerce During War: With a Review of the Jurisdiction, Practice and Proceedings of Prize CourtsJohn S. Voorhies, 1863 - 503 страница |
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Страница 34
... decided by Lord Stowell , it would seem that the rigor of the rule was made to bend to the peculiar circumstances . Upon an examination of the circumstances , it will be found that although the letter of the rule may be relaxed , its ...
... decided by Lord Stowell , it would seem that the rigor of the rule was made to bend to the peculiar circumstances . Upon an examination of the circumstances , it will be found that although the letter of the rule may be relaxed , its ...
Страница 39
... decided , as upon a settled rule of the law of nations , that the goods of the enemy found in the country , and all the vessels and cargoes found afloat in our ports , at the commencement of hostilities , were liable to seizure and ...
... decided , as upon a settled rule of the law of nations , that the goods of the enemy found in the country , and all the vessels and cargoes found afloat in our ports , at the commencement of hostilities , were liable to seizure and ...
Страница 47
... opinions of the mination of eminent judges presiding in those courts . The case first decided was that of The Tropic these objec- tions . The case of the Wind , in the District Court RIGHTS AND LIABILITIES RESULTING THEREFROM . 47.
... opinions of the mination of eminent judges presiding in those courts . The case first decided was that of The Tropic these objec- tions . The case of the Wind , in the District Court RIGHTS AND LIABILITIES RESULTING THEREFROM . 47.
Страница 52
... decided that it will not undertake to determine who are sovereign states , but will leave that question to be settled by the other departments who are charged with the ex- ternal affairs of the country , and the relations of peace and ...
... decided that it will not undertake to determine who are sovereign states , but will leave that question to be settled by the other departments who are charged with the ex- ternal affairs of the country , and the relations of peace and ...
Страница 55
... decided in the Dis- hill . United trict Court of the United States for the Eastern Court for the District of Pennsylvania . States District Eastern Dis- trict of Penn- This vessel was captured on the 12th of May , sylvania . Opinion of ...
... decided in the Dis- hill . United trict Court of the United States for the Eastern Court for the District of Pennsylvania . States District Eastern Dis- trict of Penn- This vessel was captured on the 12th of May , sylvania . Opinion of ...
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Чести термини и фразе
actual adjudication admiralty armed authority belligerent rights blockaded port Britain captured property cargo carry circumstances citizens civil claim claimants colony commerce commission condemnation confiscation Congress considered Constitution contraband courts of admiralty Cranch crew cruiser declaration decree deemed demnation District doctrine duty effect enemy enemy's country enemy's property enforce entitled established exercise existence fleet force foreign Gall held hostile character joint-captors jurisdiction law of nations learned judge letters of marque liable maritime master ment merchant military naval navy neutral country neutral vessel owner parties peace persons possession principle prisoners of war prize courts prize law prize of war proceeds proclamation purpose question rebel recapture regarded residence restitution right of postliminium right of search rule salvage Santissima Trinidad says Lord Stowell seizure sight sovereign taken tion traband trade tral treaty ture United Vattel vide violation voyage
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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.