The Highway of the Seas in Time of War |
Common terms and phrases
accredited commissioners admit adopted alleged ambassador American merchant appears argument asserted assume Atalanta bassador belligerent right blockade board a neutral Britain British captors Caroline character of hostility claim confiscation considered contraband contraband of war conveying Court of London despatches dispute doubt Droits des Nat enemy's subjects Envoy Eustatia exemption exercise fact favour flag foreign Government high seas hostile port impressment instance international law judgment justifiable law of nations liable Lord Castlereagh mail-packet Mason and Slidell ment merchant vessel Messrs naval service neutral country neutral merchant ships neutral ports neutral power neutral ship neutral territory neutral vessel officer Orozembo packet passage passengers persons of enemies persons seized principles of international privilege protection public service purpose question recognise right of search right to seize sador San Jacinto sanctioned seamen seize enemy's seizure territorial jurisdiction territorial limits tion treaties Treaty of Paris Trent Vattel visitation and search voyage Wheaton
Popular passages
Page 33 - The enemy may have his hostile projects to be attempted with the neutral State ; but your reliance is on the integrity of that neutral State, that it will not favour nor participate in such designs, but, as far as its own councils and actions are concerned, will oppose them. And if there should be private...
Page 10 - British cabinet also must be sensible that, with respect to the important question of impressment, on which the war so essentially turns, a search for or seizure of British persons or property on board neutral vessels on the high seas is not a belligerent right derived from the law of nations, and it is obvious that no visit or search or use of force for any purpose on board the vessels of one independent power on the high seas can in war or peace be sanctioned by the laws or authority of another...
Page 33 - The neutral country', he said, 'has a right to preserve its relations with the enemy; and you are not at liberty to conclude that any communication between them can partake; in any degree, of the nature of hostility against you.
Page 8 - Neither can he admit that the taking such seamen from on board such vessels can be considered by any neutral state as a hostile measure, or a justifiable cause of war.
Page 53 - It is not to be said, therefore, that this or that letter is of small moment : the true criterion will be, is it on the public business of the state, and passing between public persons for the public service ? This is the question.
Page 32 - I am not aware of any case in which that question has been agitated; but it appears to me on principle to be but reasonable that, whenever it is of sufficient importance to the enemy, that such persons should be sent out on the public service, at the public expence, it should afford equal ground of forfeiture against the vessel, that may be let out for a purpose so intimately connected with the hostile operations.
Page 17 - Let the steps by which the enforcement proceeds be attended to. A British frigate in time of war meets an American merchant vessel at sea, boards her, and, under terror of her guns, takes out one of the crew. The boarding lieutenant asserts, and let it be admitted, believes, the man to be a Briton. By this proceeding, the rules observed in deciding upon any other fact where individual or national rights are at stake, are overlooked. The lieutenant is accuser and judge.
Page 31 - It is asked, will you lay down a principle that may be carried to the length of preventing a military officer in the service of the enemy from finding his way home in a neutral vessel from America to Europe ? If he was going merely as an ordinary passenger as other passengers do, and at his own expense, the question would present itself in a very different form.
Page 21 - If the foreign state professes neutrality it is borned to allow impartiality to both belligerents (the parties of the civil war), the free exercise of those rights which war gives to public enemies against each other, such as the right of blockade and of capturing contraband and enemies
Page 32 - ... condition. To send out one veteran general of France to take the command of the forces at Batavia, might be a much more noxious act than the conveyance of a whole regiment. The consequences of such assistance are greater; and therefore it is what the belligerent has a stronger right to prevent and punish. In this instance the military persons are three, and there are, besides, two other persons, who are going to be employed in civil capacities in the government of Batavia.