The Law of Nations Affecting Commerce During War: With a Review of the Jurisdiction, Practice and Proceedings of Prize Courts |
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Page iii
... Judge of the Dist . Court of the United States . HENRY H. ELLIOTT , E. H. OWEN , Prize Commissioners . TO THE HONORABLE SAMUEL R. BETTS , JUDGE OF THE DISTRICT COURT OF THE UNITED STATES , AND E. H. OWEN AND HENRY H. ELLIOTT , EsQs ...
... Judge of the Dist . Court of the United States . HENRY H. ELLIOTT , E. H. OWEN , Prize Commissioners . TO THE HONORABLE SAMUEL R. BETTS , JUDGE OF THE DISTRICT COURT OF THE UNITED STATES , AND E. H. OWEN AND HENRY H. ELLIOTT , EsQs ...
Page xviii
... Judge Story's notes in Wheaton ... 386 PRIZE JURISDICTION .. 387 Its extent , character , and peculiarity . 388 Rules as to first duty of captors on securing possession of prize . 393 To exercise proper care in its safe custody . 393 ...
... Judge Story's notes in Wheaton ... 386 PRIZE JURISDICTION .. 387 Its extent , character , and peculiarity . 388 Rules as to first duty of captors on securing possession of prize . 393 To exercise proper care in its safe custody . 393 ...
Page 47
... of the mination of eminent judges presiding in those courts . The case first decided was that of The Tropic these objec- tions . The case of the Wind , in the District Court RIGHTS AND LIABILITIES RESULTING THEREFROM . 47.
... of the mination of eminent judges presiding in those courts . The case first decided was that of The Tropic these objec- tions . The case of the Wind , in the District Court RIGHTS AND LIABILITIES RESULTING THEREFROM . 47.
Page 48
... judge says : " The authority of the President to institute the blockade , is denied by the respondents , who insist that this power , under the Constitution of the Uni- ted States , can only be exercised by the national legislature ...
... judge says : " The authority of the President to institute the blockade , is denied by the respondents , who insist that this power , under the Constitution of the Uni- ted States , can only be exercised by the national legislature ...
Page 50
... Judge Wayne in delivering the opinion of the Supreme Court , says : Indeed , from the letter of the secre tary of state , and from that of the secretary of the treasury , we cannot doubt that the action of the military governor of ...
... Judge Wayne in delivering the opinion of the Supreme Court , says : Indeed , from the letter of the secre tary of state , and from that of the secretary of the treasury , we cannot doubt that the action of the military governor of ...
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Common terms and phrases
actual adjudication admiralty armed authority belligerent rights blockaded port Britain British captured property cargo carry circumstances citizens civil claim claimants colony commerce condemnation confiscation Congress considered Constitution contraband courts of admiralty Cranch crew cruiser declaration decree deemed demnation District doctrine duty effect enemy enemy's country enemy's property enforce entitled established exercise existence fleet force foreign Gall held hostile character joint-captors jurisdiction law of nations learned judge letters of marque liable maritime ment merchant military naval navy neutral country neutral vessel owner parties peace persons possession principle prisoners of war prize courts prize law prize of war proceeds proclamation provisions purpose question rebel recapture regarded residence restitution right of postliminium right of search rule sailing salvage Santissima Trinidad says Lord Stowell seizure sight sovereign taken tion traband trade tral treaty ture United Vattel vide voyage
Popular passages
Page 493 - States, if any, in which the people thereof, respectively, shall then be in rebellion against the United States; and the fact that any State, or the people thereof, shall on that day be in good faith represented in the Congress of the United States, by members chosen thereto at elections wherein a majority of the qualified voters of such...
Page 485 - I deem it proper to say that the first service assigned to the forces hereby called forth will probably be to repossess the forts, places, and property which have been seized from the Union; and in every event the utmost care will be observed, consistently with the objects aforesaid, to avoid any devastation, any destruction of or interference with property, or any disturbance of peaceful citizens in any part of the country.
Page 493 - An Act to Suppress Insurrection, to Punish Treason and Rebellion, to Seize and Confiscate Property of Rebels, and for Other Purposes," approved July 17, 1862, and which sections are in the words and figures following: Sec.
Page 494 - And I do hereby enjoin upon and order all persons engaged in the military and naval service of the United States to observe, obey, and enforce, within their respective spheres of service, the Act and sections above recited. And the Executive will in due time recommend that all citizens of the United States who shall have remained loyal thereto throughout the rebellion shall (upon the restoration of the constitutional relation between the United States and their respective States and people, if...
Page 485 - Deeming that the present condition of public affairs presents an extraordinary occasion, I do hereby, in virtue of the power in me vested by the Constitution, convene both Houses of Congress.
Page 313 - ... language employed, and if the words are free from ambiguity and doubt, and express plainly, clearly and distinctly, the sense of the framers of the instrument, there is no occasion to resort to other means of interpretation. It is not allowable to interpret what has no need of interpretation...
Page 485 - Now, therefore, I, Abraham Lincoln, President of the United States, in virtue of the power in me vested by the Constitution and the laws, have thought fit to call forth, and hereby do call forth, the militia of the several States of the Union, to the aggregate number of seventy-five thousand, in order to suppress said combinations, and to cause the laws to be duly executed.
Page 487 - ... be duly warned by the commander of one of the blockading vessels, who will indorse on her register the fact and date of such warning, and if the same vessel shall again attempt to enter or leave the blockaded port, she will be captured and sent to the nearest convenient port, for such proceedings against her and her cargo, as prize, as may be deemed advisable.
Page 313 - Whether we are considering an agreement between parties, a statute, or a constitution, with a view to its interpretation, the thing which we are to seek is the thought which it expresses. To ascertain this, the first resort in all cases is to the natural signification of the words employed, in the order of grammatical arrangement in which the framers of the instrument have placed them.
Page 493 - All officers or persons in the military or naval service of the United States are prohibited from employing any of the forces under their respective commands for the purpose of returning fugitives from service or labor, who may have escaped from any...