Letters by Historicus on Some Questions of International Law: Reprinted from 'The Times' with Considerable Additions

Macmillan and Company, 1863 - 212 páginas

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Página 129 - But there is nothing in our laws, or in the law of nations, that forbids our citizens from sending armed vessels, as well as munitions of war, to foreign ports for sale. It is a commercial adventure which no nation is bound to prohibit, and which only exposes the persons engaged in it to the penalty of confiscation.
Página 132 - In pursuance of this policy, the laws of the United States do not forbid their, citizens to sell to either of the belligerent Powers articles contraband of war, or to take munitions of war or soldiers on board their private ships for transportation; and although, in so doing, the individual citizen exposes his property or person to some of the hazards of war, his acts do not involve any breach of national neutrality, nor of themselves implicate the Government.
Página 129 - It is a general understanding, -grounded on true principles, that the powers at war may seize and confiscate all contraband goods, without any complaint on the part of the neutral merchant, and without any imputation of a breach of neutrality in the neutral sovereign himself, (c) It was contended, on the part of the French nation, in 1796...
Página 116 - November in that year; the effect of a notification to any foreign government would clearly be to include all the individuals of that nation ; it would be the most nugatory thing in the world, if individuals were allowed to plead their ignorance of it; it is the duty of foreign governments to communicate the information to their subjects, whose interests they are bound to protect. I shall hold therefore that a neutral master can never be heard to aver against a notification of blockade, that he is...
Página 32 - King, having been informed that a treaty of amity and commerce had been signed between the Court of France and certain persons employed by his Majesty's revolted subjects in N"orth America...
Página 113 - Now, in order to justify a condemnation for breach of blockade three things must be proved: 1st, the existence of an actual blockade; 2dly, the knowledge of the party ; 3dly, some act of violation, either by going in or coming out with a cargo laden after the commencement of the blockade.
Página 154 - A capture made within neutral waters is, as between enemies, deemed to all intents and purposes rightful ; it is only by the neutral Sovereign that its legal validity can be called in question ; and as to him, and him only, is it to be considered void.
Página 167 - Chaytor made known these facts to the crew, and asserted that he had become a citizen of Buenos Ayres; and had received a commission to command the vessel as a national ship ; and invited the crew to enlist in the service; and the greater part of them accordingly enlisted.
Página 191 - I trust that I have shown that the four persons who were taken from the Trent by Captain Wilkes, and their despatches, were contraband of war. The second inquiry is, whether Captain Wilkes had a right by the law of nations to detain and search the Trent. The Trent, though she carried mails, was a contract or merchant vessel — a common carrier for hire.
Página 94 - Majesty's dominions, and also to prevent such nations from trading with any other country in any articles the growth, produce, or manufacture of His Majesty's dominions; and whereas the said government...

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