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 4
... Southern Confederation an independent nation at war with the United States , or is it a rebellious conspiracy , armed treasonably against the Constitution ? If it be an independent power at war with the United States , then this ship is ...
... Southern Confederation an independent nation at war with the United States , or is it a rebellious conspiracy , armed treasonably against the Constitution ? If it be an independent power at war with the United States , then this ship is ...
Page 9
... Southern port in viola- tion of the President's proclamation of blockade of April 19 , 1861 ; and , in connection with this supposed latter ground of seizure , it may be argued that the very existence of a blockade constitutes a state ...
... Southern port in viola- tion of the President's proclamation of blockade of April 19 , 1861 ; and , in connection with this supposed latter ground of seizure , it may be argued that the very existence of a blockade constitutes a state ...
Page 16
... Southern States under formal blockade , within the law of nations , would be to admit that coast to belong to an independent State , and to be beyond the legal opera- tion of the federal laws , not simply as between the government and ...
... Southern States under formal blockade , within the law of nations , would be to admit that coast to belong to an independent State , and to be beyond the legal opera- tion of the federal laws , not simply as between the government and ...
Page 18
... Southern ports as - what they lawfully are , and what , so long as the independence of the South is un- recognized by foreign powers , those powers are bound to acknow- ledge them to be - ports of entry of the United States , with which ...
... Southern ports as - what they lawfully are , and what , so long as the independence of the South is un- recognized by foreign powers , those powers are bound to acknow- ledge them to be - ports of entry of the United States , with which ...
Page 19
... Southern combination against the laws to declare war against the United States . How then can we , while on the one hand we maintain the South to be simply insurrectionary , treat them , on the other hand , as belliger- ents , in order ...
... Southern combination against the laws to declare war against the United States . How then can we , while on the one hand we maintain the South to be simply insurrectionary , treat them , on the other hand , as belliger- ents , in order ...
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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...