Decision Rendered by Chief Judge Dunlop, of the District of Columbia, in the Prize Case of the Schooner "Tropic Wind."

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U.S. Government Printing Office, 1861 - Всего страниц: 12
 

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Стр. 5 - States, or with other countries, but as a measure of hostility, and as a part of the military operations in Mexico; it was a mode of exacting contributions from the enemy to support our army, and intended also to cripple the resources of Mexico, and make it feel the evils and burdens of the war. The duties required to be paid were regulated with this view, and were nothing more than contributions levied upon the enemy, which the usages of war justify when an army is operating in the enemy's country.
Стр. 5 - Tamaulipas the benefits of commerce with the United States, or with other countries, but as a measure of hostility, and as a part of the military operations in Mexico...
Стр. 10 - Fifteen days have been specified as a limit for neutrals to leave the ports, after actual blockade has commenced, with or without cargo, and there are yet remaining five or six days for neutrals to leave. With proper diligence on the part of persons interested I see no reason for exemption to any.
Стр. 5 - Indeed, from the letter of the then Secretary of State, and from that of the Secretary of the Treasury, we cannot doubt that the action of the military governor of California was recognized as allowable and lawful by Mr. Polk and his cabinet. We think it was a rightful and correct *recognition under all the circumstances, and ,-».. „« when we say rightful, we mean that it was constitu- L tional, although Congress had not passed an act to extend the collection of tonnage and import duties to the...
Стр. 4 - As commanderin-chief, he is authorized to direct the movements of the naval and military forces placed by law at his command, and to employ them in the manner he may deem most effectual to harass and conquer and subdue the enemy.
Стр. 7 - Whether insurrection has grown to such a head, has become so formidable in power as to have culminated in civil war, it seems to me, must also belong, as to its decision, to the same political branch of the Government. The President, in his...
Стр. 5 - We think it was a rightful and correct recognition under all the circumstances, and when we say rightful, we mean that it was constitutional, although congress had not passed an act to extend the collection of tonnage and import duties to the ports of California. California, or the port of San Francisco, had been conquered by the arms of the United States as early as 1846. Shortly afterward, the United States had military possession of all of Upper California. Early in 1847, the President, as constitutional...
Стр. 9 - If , as a legislator, he publishes a law ordaining punishment for certain offenses, which law is to be applied by courts, the nature of the law and of the proceedings under it will decide whether it is an exercise of belligerent rights or exclusively of his sovereign power; and whether the court, in applying this law to particular cases, acts as a prize court or as a court enforcing municipal regulations.
Стр. 6 - ... &c. (See also pages 191, 193, 195, 190, 201 ) Blockade is a belligerent right under the law of nations where war exists, and ia as clearly defined as the belligerent right to levy contributions in the enemy's country. As the Supreme Court hold the latter power to be constitutionally in the President, without an Act of Congress, as Commander-in-chief of the Army and Navy, it follows necessarily that the power of blockade also resides with...
Стр. 5 - Early in 1847 the President, as constitutional commander -in- chief of the army and navy, authorized the military and naval commanders of our forces in California to exercise the belligerent rights of a conqueror, and to form a civil government for the conquered country...

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