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

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J.S. Voorhies, 1863 - Всего страниц: 503
 

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Legal effect of war on the persons property and rights of citizens
37
Modern rule in absence of treaty
40
encum
49
President the 409
51
Belligerent rights exercised by the United States in the conduct of the
55
Portland the 409 129
67
Case of The F W Johnson United States District Court for the District of Maryland
76
Case of The Amy Warwick United States District Court for the District of Massachusetts
83
CHAPTER III
108
What constitutes residence in a hostile country to impress a hostile character
114
Personal residence not requisite
124
National character of ship generally determined by the residence of the owner
130
Character of the flag impresses the vessel
137
Sarah the 423 426
146
ADDENDA TO CHAPTER III
147
PRIZE COMMISSIONERS Their appointment powers and duties
153
CHAPTER IV
159
The commerce of the enemy the legitimate prize of
165
Lindsay Rodney
168
Gertrude the
169
To redress individual wrongs
175
Thomas Gibbons the
185
Distinction between privateers and letters of marque
186
Grotius the
190
Liability for mistakes in engagements with friendly vessels
194
Galen the 198 229
198
Vindictive damages never given but in extraordinary cases
200
Twilley Right the
201
Lively the 200 202 392
207
Doctrine of constructive assistance as between public and private armed vessels
209
Guillaume Tell the
216
No jointcapture when in sight only from the masthead
219
La France
223
Whether army forces can be entitled as jointcaptors with naval forces
227
Lamitié the
229
Two Friends the 233 241 246 388
233
Goss vs Withers
238
Termination of the rights of postliminium
240
Goodrich vs Gordon
248
RECAPTURE AND MILITARY SALVAGE
249

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Стр. 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...
Стр. 280 - And whereas it frequently happens that vessels sail for a port or place belonging to an enemy, without knowing that the same is...
Стр. 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...
Стр. 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.
Стр. 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.
Стр. 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...
Стр. 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.
Стр. 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...
Стр. 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...
Стр. 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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