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admitted American Government argument Armed Neutrality asserted authority bâtiment Belgium belligerent Powers Berlin decree blockade blocus breach Britain Buenos Ayres capture conduct confiscation contest contraband of war cruiser decisions declared despatch destination doctrine droit duty Edinburgh Reviewer enemy England English Government entitled established Europe fact facto independence fait flag following passage force Foreign Enlistment Act France French Galiani Grande-Bretagne ground guerre Hautefeuille Hautefeuille's hostile insurgents international law intervention judgement jurisdiction jurist justice justify l'Angleterre Lampredi law of nations letter Lord Stowell marchandises maritime ment navire neutral country neutral Government neutral nation neutral rights neutral Sovereign neutral territory neutral vessel neutres opinion Orders in Council Ortolan paper blockade party peace practice of nations pretensions principles prohibit proposition protection publicist puissance qu'elle qu'il question reason recognition right of search rule Russia seul Seward ship South sovereignty système tion traité violation Wheaton wholly writer
Page 129 - But there is nothing in our laws, or in the law of nations, that forbids our citizens from sending armed vessels, as well as munitions of war, to foreign ports for sale. It is a commercial adventure which no nation is bound to prohibit, and which only exposes the persons engaged in it to the penalty of confiscation.
Page 132 - In pursuance of this policy, the laws of the United States do not forbid their, citizens to sell to either of the belligerent Powers articles contraband of war, or to take munitions of war or soldiers on board their private ships for transportation; and although, in so doing, the individual citizen exposes his property or person to some of the hazards of war, his acts do not involve any breach of national neutrality, nor of themselves implicate the Government.
Page 129 - It is a general understanding, -grounded on true principles, that the powers at war may seize and confiscate all contraband goods, without any complaint on the part of the neutral merchant, and without any imputation of a breach of neutrality in the neutral sovereign himself, (c) It was contended, on the part of the French nation, in 1796...
Page 116 - November in that year; the effect of a notification to any foreign government would clearly be to include all the individuals of that nation ; it would be the most nugatory thing in the world, if individuals were allowed to plead their ignorance of it; it is the duty of foreign governments to communicate the information to their subjects, whose interests they are bound to protect. I shall hold therefore that a neutral master can never be heard to aver against a notification of blockade, that he is...
Page 32 - King, having been informed that a treaty of amity and commerce had been signed between the Court of France and certain persons employed by his Majesty's revolted subjects in N"orth America...
Page 113 - Now, in order to justify a condemnation for breach of blockade three things must be proved: 1st, the existence of an actual blockade; 2dly, the knowledge of the party ; 3dly, some act of violation, either by going in or coming out with a cargo laden after the commencement of the blockade.
Page 154 - A capture made within neutral waters is, as between enemies, deemed to all intents and purposes rightful ; it is only by the neutral Sovereign that its legal validity can be called in question ; and as to him, and him only, is it to be considered void.
Page 167 - Chaytor made known these facts to the crew, and asserted that he had become a citizen of Buenos Ayres; and had received a commission to command the vessel as a national ship ; and invited the crew to enlist in the service; and the greater part of them accordingly enlisted.
Page 189 - I trust that I have shown that the four persons who were taken from the Trent by Captain Wilkes, and their despatches, were contraband of war. The second inquiry is, whether Captain Wilkes had a right by the law of nations to detain and search the Trent. The Trent, though she carried mails, was a contract or merchant vessel — a common carrier for hire.