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
... enemy , and to confiscate them by a court specially con- stituted for that purpose under the law of nations . This right to capture enemy's property is an inherent one , as old as the time of the Romans . The Prize Court is a creation ...
... enemy , and to confiscate them by a court specially con- stituted for that purpose under the law of nations . This right to capture enemy's property is an inherent one , as old as the time of the Romans . The Prize Court is a creation ...
Page 5
... enemies in time of open war , and could not be made to embrace those aiding insurgents and rebels . From all the authorities it was clear that a rebel was not , in contemplation of law , an enemy , and as an inevitable consequence the ...
... enemies in time of open war , and could not be made to embrace those aiding insurgents and rebels . From all the authorities it was clear that a rebel was not , in contemplation of law , an enemy , and as an inevitable consequence the ...
Page 6
... enemy property , jure belli , because a rebel is not an enemy , and war can only exist between foreign and inde- pendent powers . They could not be confiscated as the property of traitors , because , being personal property , a ...
... enemy property , jure belli , because a rebel is not an enemy , and war can only exist between foreign and inde- pendent powers . They could not be confiscated as the property of traitors , because , being personal property , a ...
Page 7
... enemy . " Had they been , in point of law , " open enemies " by the mere fact of their armed rebellion , such an act would have been unnecessary . No one can read the provisions of that act without being convinced that the Prize Court ...
... enemy . " Had they been , in point of law , " open enemies " by the mere fact of their armed rebellion , such an act would have been unnecessary . No one can read the provisions of that act without being convinced that the Prize Court ...
Page 10
... enemy property , jure belli , under the law of nations . Will it be pretended for an instant that a jurisdiction to condemn the property of rebels , or of foreigners trading with rebels , can be inferred and assumed by a Prize Court so ...
... enemy property , jure belli , under the law of nations . Will it be pretended for an instant that a jurisdiction to condemn the property of rebels , or of foreigners trading with rebels , can be inferred and assumed by a Prize Court so ...
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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...