Principles of the Law of Nations: With Practical Notes and Supplementary Essays on the Law of Blockade, and on Contraband of War

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J.J. Griffin and Company, 1848 - Blockade - 129 pages
 

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Page 69 - The law of nations, founded upon justice, equity, convenience, and the reason of the thing, and confirmed by long usage, does not allow of reprisals, except in case of violent injuries directed or supported by the State, and justice absolutely denied in re minime dubia by all the tribunals, and afterwards by the prince.
Page 68 - ... the law of nations allows, according to the different degrees of misbehaviour, or suspicion, arising from the fault of the ship taken, and other circumstances of the case, costs to be paid, or not to be received, by the claimant, in case of acquittal and restitution : on the other hand, if a seizure is made without probable cause, the captor is adjudged to pay costs and damages.
Page 50 - That the right of visiting and searching merchant ships upon the high seas, whatever be the ships, whatever be the cargoes, whatever be the destinations, is an incontestable right of the lawfully commissioned cruisers of a belligerent nation.
Page 68 - Before the ship or goods can be disposed of by the captor, there must be a regular judicial proceeding, wherein both parties may be heard, and condemnation thereupon as prize, in a court of admiralty, judging by the law of nations and treaties. " The proper and regular court for these condemnations is the court of that state to whom the captor belongs.
Page 22 - No proof was produced to His Majesty's Plenipotentiary of the existence of any design on the part of the Spanish Government to invade the territory of France ; of any attempt to introduce disaffection among her soldiery, or of any project to undermine her political institutions ; and so long as the struggles and disturbances of Spain should be confined within the circle of her own territory, they could not be admitted by the British Government to afford any plea of foreign interference.
Page 62 - ... not accompanied the history of the decisions. " In 1673, when .many unwarrantable rules were laid down by public authority respecting contraband...
Page 40 - It is of no importance to other nations, how much a single belligerent chooses to weaken and dilute his own rights. But it is otherwise when allied nations are pursuing a common cause against a common enemy. Between them it must be taken as an implied, if not an express contract, that one state shall not do anything to defeat the general object.
Page 25 - Relative magnitude creates no distinction of right ; relative imbecility, whether permanent or casual, gives no additional right to the more powerful neighbor ; and any advantage seized upon that ground is mere usurpation. This is the great foundation of public law, which it mainly concerns the peace of mankind, both in their politic and private capacities, to preserve inviolate.
Page 22 - Russias, penetrated with the necessity of putting an end to the sanguinary contest which, by delivering up the Greek provinces and the isles of the Archipelago to all the disorders of anarchy, produces daily fresh impediments to the commerce of the European States, and gives occasion to piracies, which not only expose the subjects of the High Contracting Parties to considerable losses, but besides render necessary burdensome measures of protection and repression...
Page 67 - When two powers are at war, they have a right to make prizes of the ships, goods, and effects of each other, upon the high seas ; whatever is the property of the enemy, may be acquired by capture at sea ; but the property of a friend cannot be taken, provided he observes his neutrality.

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