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 - Capture at sea - 503 pages
 

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Contents

Rule in the early ages
38
iker ex parte
43
THE CIVIL WAR IN THE UNITED STATES
44
President the 409 111
51
Case of The General Parkhill United States District Court for the Eastern District
55
War terminates commerce between belligerents
60
Portland the 409 129
67
Opinion of Justice Betts
69
Case of The F W Johnson United States District Court for tho District of Maryland
76
Case of The Amy Warwick United States District Court for the District of Massachusetts
82
CHAPTER III
108
Benson vs Boyle
110
McConnel vs Hector
113
What constitutes residence in a hostile country to impress a hostile character
114
Bromley vs Hazeltine
118
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
136
SechsGeschwestern the
141
Sarah the 423 426
147
Case of The General ParkhilL United States Court Pennsylvania
156
Professor Parsons opinion upon this subject
162
Civil embargo
168
Gertrude the
169
Right acknowledged by all nations
175
Tobago the 146 201 403
178
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
BoedosLust the 167 412
202
Doctrine of constructive assistance as between public and private armed vessels
209
Belle Coquette the
211
Santa Brigida the
213
Guillaume Tell the
216
Buenos Ayres the
219
San Damaso the
220
Whether army forces can be entitled as jointcaptors with naval forces
226
British Guiana the
228
Two Friends the 233 241 246 388
233
Gos8 vs Withers
238
Termination of the rights of postliminium
239
Review of judicial decisions on this subject
276
Stest the
277
Calypso the 424 279 339
282
Gute Frwarb the
283
Shepherdess the
285
Betsy the 276 393 422
286
Case of Tlie Elizabeth
290
Blockade of the southern ports of the United States 298
298
Cross vs Harrison
304
Gute Geselschaft 328 423
312
Judicial Construction op the Executive Proclamation 309
323
Charlotte Fox the
328
Destined useimportant consideration in determining questions of contraband
330
Brutus the 231
331
II
335
Two Brothers the
339
Concordia the 395
343
Neutral Territory Inviolable by belligerents
346
or THE prize jurisdiction of courts of admiralty and of the practice and pro
383
Hoop the 17
385
Ships taken at Genoa the
388
Christophe the
390
Bingham vs Cabot 391 416
391
Herkimer the 399 416
394
Prize Commissioners Their appointment powers and duties
397
Bolch vs Darrel
403
Twee Juffrowen the
407
Bernou the 409
409
Jenny the
411
Sale and distributionwhere no appeal and no claim of jointcapture
415
Babillon the
417
Sophie the
420
Question of allowance of costs damages and expenses on decree of restitution
421
Christina Maria the
423
Jefferson the
425
When not allowed
427
further consideration of the practice and proceedings of prize courts sug
435
British Empire the
436
Cheshire the 292
439
Vessels within signal distance entitled to share
461
Decree of distribution How required to be rendered by the act of March 25th 1862
463
APPENDIX
471
Standing interrogatories to witnesses examined in preparatorio 479v
479
Distribution of prize moneyAct of Congress of 1862 489
492
Truce or cartel ships
495

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