The Trent and San Jacinto: Substance of a Paper Read Before the Juridical Society, 16th Dec. 1861 |
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The Trent and San Jacinto: Substance of a Paper Read Before the Juridical ... Charles Clark No preview available - 2015 |
The Trent and San Jacinto: Substance of a Paper Read Before the Juridical ... No preview available - 2020 |
Common terms and phrases
act of carrying act of hostility adjudication American ships American vessel argument arose asserted Atalanta authority Beach Lawrence belongs board a neutral Bremen British captain capture cargo Caroline carrying of despatches carrying the despatches cial circumstances claim Colonel Richemont condemnation contraband contraband of war contract court criminal declared demned doctrine enemy enemy's country enemy's despatches engaged England English port exist facts favour foreign port freight French Government agent French transport Hautefeuille high seas Holland innocent interfere international law interposition Isle of France judgment jurisdiction jurist justified law of nations letters liable Macao master ment military minister mother country neutral country neutral port neutral vessel occasion officer opinion ordinary packet boats passengers peace protection Prussia purpose racter refer relations rule sailors San Jacinto says Scott Sir W spatches specially to carry supercargo supposed Swedish territory trality treated Trent violated his duty voyage writers
Popular passages
Page 34 - It is conceived that the carrying of despatches can only invest a neutral vessel with a hostile character in the case of its being employed for that purpose by the belligerent, and that it cannot affect with criminality either a regular postal packet or a merchant ship, which takes a despatch in its ordinary course of conveying letters, and with the contents of which the master must necessarily be ignorant. This view, it is supposed, is not inconsistent with the text, which refers to a fraudulent...
Page 30 - It is to be considered also, with regard to this question, what may be due to the convenience of the neutral State ; for its interests may require that the intercourse of correspondence with the enemy's country should not be altogether interd1cted.
Page 21 - America," but which had been afterwards, by his directions, fitted up for the reception of three military officers of distinction, and two persons in civil departments in the government of Batavia, who had come from Holland to take their passage to Batavia, under the appointment of the Government of Holland. There were also on board a lady, and some persons in the capacity of servants, making in the whole seventeen passengers.
Page 28 - 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. 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...
Page 28 - But the neutral country 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 17 - An attempt has been made to distinguish this case from the ordinary cases of employment in the transport service of the enemy, upon the ground that the war of Great Britain against France was a war distinct from that against the United States; and that Swedish subjects had a perfect right to assist the British arms in respect to the former, though not to the latter. Whatever...
Page 40 - Of such proceeding the last war furnishes a signal instance. A French ambassador, on his route to Berlin, touched, through the imprudence of his guides, at a village within the electorate of Hanover, whose sovereign, the king of England, was at war with France. The minister was there arrested and afterwards sent over to England. As his Britannic majesty had in that instance only exerted the rights of war, neither the court of France nor that of Prussia complained of his conduct.
Page 33 - Nor let it be supposed that it is an act of light and casual importance. The consequence of such a service is indefinite, infinitely beyond the effect of any contraband that can be conveyed.
Page 24 - That the simple carrying of dispatches between the colonies and the mother country of the enemy, is a service highly injurious to the other belligerent, is most obvious. In the present state of the world, in the hostilities of European powers, it is an object of great importance to preserve the connection between the...
Page 20 - ... that this vessel is to be considered as a French transport. It would be a very different case if a vessel appeared to be carrying only a few individual invalided soldiers, or discharged sailors, taken on board by chance, and at their own charge. Looking at the description given of the men on board, I am satisfied that they are still as effective members of the French marine as any can be.