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

Front Cover
John S. Voorhies, 1863 - Capture at sea - 503 pages

From inside the book

Contents

Mary Folger the
27
Bell vs Gibson
30
De Bilboa the
33
Madonna delle Grazie
34
Baglehole ex parte
36
Modern rule in absence of treaty
38
Boussemaker ex parte
43
THE CIVIL WAR IN THE UNITED STATES
44
PRIZE COMMISSIONERS Their appointment powers and duties
49
Rebecca the 178 190
54
Case of The General Parkhill United States District Court for the Eastern District
55
Opinion of Justice Betts
67
Santissima Trinidad the 13 183 306
85
CHAPTER III
108
Benson vs Boyle
110
De Luneville vs Phillips
113
Bromley vs Hazeltine
118
Dias vs Revenge the 187
119
Samuel the 29
125
Dree Gebroeders 126 410
126
Character of the flag impresses the vessel
135
Sechs Geschwestern the
141
Denkbaar African the 141 411
143
Mariana the
146
xii
147
Secret liens disregarded by courts of prize
153
Dordrecht the 228
154
CHAPTER IV
159
Warlike and civil
165
Gist vs Mason 22 30
169
To redress individual wrongs
171
Privateers must be commissioned
177
Melomane the 178 195
178
Mariamne the
185
Distinction between privateers and letters of marque 186
186
Grotius the
190
Endraught the 126 229 409
194
Galen the 198 229
198
Mentor the
200
Twilley Right the
201
Boedes Lust the 167 412
202
Doctrine of constructive assistance as between public and private armed vessels
209
Belle Coquette the
211
Etoile the 213 230
213
Guillaume Tell the
216
Mars the
218
Buenos Ayres the
219
San Damaso the
220
El Rayo the
221
Whether army forces can be entitled as jointcaptors with naval forces
225
British Guiana the
228
Minerva the
229
Empress the
230
Emanuel the
262
Rule of exclusion does not operate if it would deprive the neutral of his accustomed
267
Margaretha Magdalena the
269
The armed neutrality
274
Stest the
277
Gute Erwarb the
283
Shepherdess the
285
Betsy the 276 393 422
286
Case of The Elizabeth
290
Blockade of the southern ports of the United States
298
JUDICIAL CONSTRUCTION OF THE EXECUTIVE PROCLAMATION
309
Gute Geselschaft 328 423
312
I
319
Opinion of Justice Grier
323
Jonge Pieter the 29
328
Edward the
330
Brutus the 231
331
VISITATION AND SEARCH
334
Eleonora the
336
Jaffrow Anna the
339
The right as applicable to ships of war
343
CASE OF THE TRENT
349
CHAPTER VI
383
Ships taken at Genoa the
388
Eliza the
389
Bingham vs Cabot 391 416
391
Elsebe the 401 394 412
395
Duty of prizemaster to notify the admiralty immediately on arrival
396
THE PRIZE LIBEL Its proper form and by whom filed
401
Bolch vs Darrel
403
Legal presumptions in prize courts and the burden of proof resulting therefrom
407
Julia the 408
408
Bernou the 409
409
THE DECREE OF CONDEMNATION
413
John the
414
Exeter the
417
DECREE OF RESTITUTION on recapture
419
Adeline the
420
Jefferson the
425
Adriana the
426
Eenrom the 286
427
Alligator the
432
Emily St Pierre the 254
439
Arthur the 297
441
Duties of United States prize commissioners prior to recent legislation
450
DELIVERY TO CLAIMANTS ON BAIL
457
Decree of distribution How required to be rendered by the act of March 25th 1862
463
Incongruous legislation rendered inoperative a subsequent attempt to provide a remedy
469
Standing interrogatories to witnesses examined in preparatorio
479
Distribution of prize moneyAct of Congress of 1862
489
Hostile character impressed upon property
499
No commission requisite for recapture 242
501

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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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