Prize Jurisdiction: Argument of Isaiah T. Williams, Esq. Before His Honor, Judge Betts, Upon the Question of the Jurisdiction of the Prize Court, in the Case of a Vessel Captured for a Breach of the Blockade |
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Page 6
... Parliament , a special act to meet the case . We have all heard of the British Prohibitory Act , which forms so important a feature in the history of the Revolution . That act , and that act alone , enabled British cruisers to make ...
... Parliament , a special act to meet the case . We have all heard of the British Prohibitory Act , which forms so important a feature in the history of the Revolution . That act , and that act alone , enabled British cruisers to make ...
Page 7
... Parliament to which I have just called your Honor's attention ; by the provisions of which their capture and their condemnation were authorized in the same manner as the ships and property of " an open enemy . " Had they been , in point ...
... Parliament to which I have just called your Honor's attention ; by the provisions of which their capture and their condemnation were authorized in the same manner as the ships and property of " an open enemy . " Had they been , in point ...
Page 11
... Parliament ; but whether she should be condemned as a prize of forfeiture to the King's Exchequer , or as a Droit of admiralty , as being a Prize of war , captured by a non - commissioned officer- ( the claim of " The Rose " being at ...
... Parliament ; but whether she should be condemned as a prize of forfeiture to the King's Exchequer , or as a Droit of admiralty , as being a Prize of war , captured by a non - commissioned officer- ( the claim of " The Rose " being at ...
Page 12
... Parliament amounted to a declaration of war . Sir George Hay decided the case upon this fiction , but I find from a note to the report , ( Hay and Marriot , 50 , ) that he afterwards declared privately to the King's advocate that he was ...
... Parliament amounted to a declaration of war . Sir George Hay decided the case upon this fiction , but I find from a note to the report , ( Hay and Marriot , 50 , ) that he afterwards declared privately to the King's advocate that he was ...
Page 15
... Parliament was the rule to go by . " The prohibition , " he said , “ was clear , that all ships and goods of the inhabitants of the enumerated colonies declared ( by the act ) to be rebellious , and all other ships going to trade , and ...
... Parliament was the rule to go by . " The prohibition , " he said , “ was clear , that all ships and goods of the inhabitants of the enumerated colonies declared ( by the act ) to be rebellious , and all other ships going to trade , and ...
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Common terms and phrases
13th July 19th April act of 13th act of Parliament adjudged aid and comfort American attempting to enter authority of Congress bill of attainder blockade British civil claim close the ports cognizance Confederate confiscation Constitution conviction for treason Court of Admiralty criminal law dismiss District Court enforce equity exist feiture foreign power forfeited Gordon government and Congress Hay and Marriott held hostility inhabitants Instance Court insurrection insurrectionary international law jure belli Justice king King's law of nations lawfully levying libellants lien loyal citizens maritime lien measure municipal law neutral open enemy penalty ports of entry power to declare President Prize act Prize Court Prize of war prohibited Prohibitory Act property of rebels provisions question rebel property rebel ship rebellion rebellious recognized revenue seized ships and property Sir George Hay Sir James Marriott Sir William Scott sovereign Spain suit supposed ternational tion trading United vessel vested Wilmington word prize
Popular passages
Page 17 - House dissenting) had declared that " by the act of the Republic of Mexico a state of war exists between that Government and the United States...
Page 8 - President: and if, while said ports are so closed, any ship or vessel from beyond the United States, or having on board any articles subject to duties, shall attempt to enter any such port, the same, together with its tackle, apparel, furniture, and cargo shall be forfeited to the United States.
Page 8 - States; and that from and after fifteen days from the issuing of this proclamation all ships and vessels belonging in whole or in part to any citizen or inhabitant of any of said States, with said exceptions, found at sea or in any port of the United States will be forfeited to the United States...
Page 17 - These measures, whether strictly legal or not, were ventured upon, under what appeared to be a popular demand, and a public necessity; trusting then, as now, that Congress would readily ratify them.
Page 28 - Also to the ninth and tenth sections of an act entitled "An act to suppress insurrection, to punish treason and rebellion, to seize and confiscate the property of rebels, and for other purposes," approved July 17, 1862, and which sections are in the words and figures following: "SEC.
Page 16 - Now, therefore, I, Abraham Lincoln, President of the United States, with a view to the same purposes before mentioned, and to the protection of the public peace, and the lives and property of quiet and orderly citizens pursuing their lawful occupations, until Congress shall have assembled...
Page 3 - THE law of nations is a system of rules, deducible by natural reason, and established by universal consent among the civilized inhabitants of the world * ; in order to decide all disputes, to regulate all ceremonies and civilities, and to insure the observance of justice and good faith, in that intercourse which must frequently occur between two or more independent states, and the individuals belonging to each.
Page 8 - ... that the inhabitants of such State, or any section or part thereof, where such insurrection exists, are in a state of insurrection against the United States, and thereupon all commercial intercourse, by and between the same and the citizens thereof, and the citizens of the rest of the United States, shall cease and be unlawful, so long as such condition of hostility shall continue...
Page 11 - Place, shall become forfeited to His Majesty, as if the same were the Ships and Effects of open Enemies, and shall be so adjudged deemed and taken in all Courts of Admiralty, and in all other Courts whatsoever.
Page 8 - President to be in insurrection into other parts of the United States, or of any vessel or vehicle conveying such property, or conveying persons to or from such State or section, or of any vessel belonging, in whole or in part, to any inhabitant of such State or section, may be prosecuted in any district into which the property so seized may be taken and proceedings instituted...