The Seizure of the Southern Commissioners, Considered with Reference to International Law, and to the Question of War Or PeaceJ. Ridgway, 1862 - 44 strani |
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The Seizure of the Southern Commissioners: Considered With Reference to ... Philip Anstie Smith Predogled ni na voljo - 2018 |
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abide the event act of hostility adjudication ambassadors amity arise Atalanta authority belligerent country belonging captured vessel Caroline carrying of despatches circumstances competent court competent tribunal connected contending parties contest contraband conveyance of military deemed to place destination detention determinations was asserted Dodson duty enemy's property enemy's subjects extract fact favouring its offensive Federal Government gives to public instance international law judgment judicial jure belli law of nations liable to seizure Lord Stowell maritime capture ment mentioned metropolitan country military persons Minister mother country naval service necessity neutral country neutral port neutral vessel offence offensive projects official character passage patches peace principle privileges public enemies public service purpose question reasoning reference related to despatches resident right of search Robinson rule Sir William Scott Slave Trade slavery SOUTHERN COMMISSIONERS sovereignty tion tional law treated treaties previously existing Trende Sostre tribunal Vattel visitation and search voyage Wheaton's Enquiry writer
Priljubljeni odlomki
Stran 29 - We, therefore, have thought fit, by and with the advice of our Privy Council, to issue this our Royal Proclamation. And We do hereby strictly charge and command all our Loving Subjects to observe a strict neutrality in and during the aforesaid Hostilities, and to abstain from violating or contravening either the Laws and Statutes of the Realm in this Behalf, or the Law of Nations in relation thereto, as they will answer to the contrary at their Peril.
Stran 39 - I am therefore warranted in saying that it was the rule, and the undisputed rule, of the British Admiralty. I will not say that that rule may not have been broken in upon in some instances by considerations of comity or of policy, by which it may be fit that the administration of this species of law should be tempered in the hands of...
Stran 29 - Whereas we are happily at peace with all sovereigns, powers, and states; And whereas hostilities have unhappily commenced between the Government of the United States of America and certain States styling themselves the Confederate States of America...
Stran 21 - State ; for its interests may require that the intercourse of correspondence with the enemy's country should not be altogether interdicted. It might be thought to amount almost to a declaration that an ambassador from the enemy shall not reside in the neutral State, if he is declared to be debarred from the only means of communicating with his own. For to what useful purpose can he reside there without the...
Stran 6 - When a prize is taken at sea, it must be brought, with due care, into some convenient port, for adjudication by a competent court...
Stran 26 - for the purpose of avoiding the difficulties which might arise from a formal and positive solution of these questions, Diplomatic Agents are frequently substituted who are clothed with the powers and enjoy the immunities of Ministers, though they are not invested with the representative character, nor entitled to diplomatic honours."* Upon this footing, Messrs.
Stran 5 - ... society, that property of this sort should be converted without the sentence of a competent court, pronouncing it to have been seized as the property of an enemy, and to be now become jure belli the property of the captor. The purposes of justice require that such exercises of war should be placed under public inspection ; and, therefore, the mere deducfin infra prcE#idia has not been deemed sufficient.
Stran 8 - INQUIRY INTO THE VALIDITY OF THE BRITISH CLAIM TO A RIGHT OF VISITATION AND SEARCH of American vessels suspected to be engaged in the African Slave Trade. By Henry Wheaton, LL. D., Minister of the United States at the Court of Berlin. Author of " Elements of International Law,
Stran 34 - On the other hand, it is to be observed that where the commencement of the voyage is in a neutral country, and it is to terminate at a neutral port, or, as in this instance, at a port to which, though not neutral, an open trade is allowed, in such a case there is less to excite his vigilance, and, therefore, it may be proper to make some allowance for any imposition which may be practised upon him.
Stran 18 - ... faith of the neutral State has a doubtful foundation, that is matter for the caution of the Government, to be counteracted by just measures of preventive policy; but it is no ground on which this Court can pronounce that the neutral carrier has violated his duty by bearing despatches, which, as far as he can know, may be presumed to be of an innocent nature, and in the maintenance of a pacific connection.