Commentaries on the Law of Nations |
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Common terms and phrases
agreed Albericus Gentilis allowed American Armed Neutrality authority belligerent Berlin decree blockade Britain British Bynkershoek capture cargo carried CHAPTER claim confederacy confiscated considered Consolato contraband convention Convoy Corps Dip courts Danish declared decree Denmark Droit des Gens Dumont Edition enemy's property engaged Europe exercise existing expressly foreign free ships French Gentium Grotius Holy Alliance hostilities Hübner instances Jure justice justify Klüber law of nations law of nature maritime Martens morality naval neutral country neutral ships neutral vessels obligation obtain Oleron opinion peace port Portugal powers practice Précis principle prisoners prize prize law provisions published Pufendorf Quæst question reason regard reprisals right of search rights of neutrals Royal 8vo rule Russia says ships make free sovereign Spain stipulation Supp Sweden tion traband trade troops United Provinces usage Valin Vattel Vict VIII violation Vols warfare writers
Popular passages
Page 60 - Let it simply be asked, where is the security for property, for reputation, for life, if the sense of religious obligation desert the oaths which are the instruments of investigation in courts of justice ? And let us with caution indulge the supposition that morality can be maintained without religion.
Page 300 - ... to the enemies of the other, shall be deemed contraband, so as to induce confiscation or condemnation and a loss of property to individuals.
Page 53 - The state of Nature has a law of Nature to govern it, which obliges every one, and reason, which is that law, teaches all mankind who will but consult it, that being all equal and independent, no one ought to harm another in his life, health, liberty or possessions...
Page 122 - That war gives to the sovereign full right to take the persons and confiscate the property of the enemy, wherever found, is conceded. The mitigations of this rigid rule, which the humane and wise policy of modern times has introduced into practice, will more or less affect the exercise of this right, but cannot impair the right itself.
Page 191 - But, without reference to accidents of the one kind or the other, the general rule is, that the neutral has a right to carry on, in time of war, his accustomed trade, to the utmost extent of which that accustomed trade is capable.
Page 143 - The lawfulness of the end does not give us a real right to anything farther than barely the means necessary for the attainment of that end. Whatever we do beyond that, is reprobated by the law of nature, is faulty, and condemnable at the tribunal of conscience. Hence it is, that the right to such or such acts of hostility varies according to circumstances. What is just and perfectly innocent in war, in one particular situation, is not always so on other occasions. Right goes...
Page 76 - Holy and Indivisible Trinity, " Their majesties, the emperor of Austria, the king of Prussia, and the emperor of Russia...
Page 332 - Council, to order, and it is hereby ordered, that no vessel shall be permitted to trade from one port to another, both which ports shall belong to, or be in the possession of France or her allies, or shall be so far under their control as that British vessels may not freely trade thereat...
Page 300 - But in the case supposed of a vessel stopped for articles of contraband, if the master of the vessel stopped will deliver out the goods supposed to be of contraband nature, he shall be admitted to do it, and the vessel shall not in that case be carried into any port, nor further detained, but shall be allowed to proceed on her voyage.
Page 345 - Institutes of other great maritime countries, as well as those of our o • own country, — when I venture to lay it down that by the law of nations, as now understood, a deliberate and continued resistance to search, on the part of a neutral vessel to a lawful cruizer, is followed by the legal consequence of confiscation.