Opinion in the case of the Enterprise: pending before the Mixed commission, under the Convention of 1853, for the settlement of claims between Great Britain and the United States
John Edward Taylor, 1854 - 24 pages
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8f 4 Wm absolute rights applicable argument authorities of Bermuda Bahama Islands board the Enterprise board the jurisdiction Book bound British Go British Government cargo cited Comet and Encomium comity of nations compelled by stress contended crew and persons doctrine driven by stress England enjoyment essential rights exclusive jurisdiction foreign law foreign port free right gate the ocean Grotius ground harbour high seas holden incidental right intercourse international law justice justify the restraint laid land law of England law of nations liberated Lord Stowell municipal law nation to navigate national rights navigable rivers navigate the ocean necessary incident offences Orleans persons on board Puffendorf right of shelter right to navigate rights of nations says secs seek shelter slave trade slavery throughout slaves on board slaves were seized stress of weather sustained territory things throughout the British tion Vattel vernment vessel is forced vessels the exclusive Wheaton
Page 24 - States cannot consent that the local authorities in those ports shall take advantage of such misfortunes, and enter them for the purpose of interfering with the condition of persons or things on board as established by their own laws.
Page 23 - State is no departure from the law of nations; because, if it were, no such respect could be allowed to it, upon an exemption of its own making; for no nation can privilege itself to commit a crime against the law of nations by a mere municipal regulation of its own.
Page 5 - ... Ireland on the one side, and the opposite coast of the Continent on the other, would be to Great Britain. To understand its deep importance to us, it must be borne in mind that the island of Bermuda lies but a short distance off our coast, and that the channel between the Bahama Islands and Florida is not less than two hundred miles in length, and on an average not more than fifty wide ; and that through this long, narrow, and difficult channel, the immense trade between our ports on the Gulf...
Page 23 - To press forward to a great principle by breaking through every other great principle that stands in the way of its establishment; to force the way to the liberation of Africa by trampling on the independence of other States in Europe; in short, to procure an eminent good by means that are unlawful; is as little consonant to private morality as to public justice.
Page 23 - No one nation had a right to force its way to the liberation of Africa by trampling on the independence of other States ; or to procure an eminent good by means that are unlawful ; or to press forward to a great principle by breaking through other great principles that stand in the way.
Page 19 - ... the jurisdiction thus obtained is by no means exclusive. Sovereignty does not necessarily imply all power, or that there can not coexist with it within its own dominions other independent and coequal rights. Indeed, the exception taken furnishes a strong argument in favor of the principle contended for, because the same rule of justice that gives for certain purposes jurisdiction over the waters, as incident to the use of the land, extends, for like reasons, a right over the land for temporary...
Page 14 - Ware says: It can only be a people, who have made but little progress in civilization, that would not permit foreign vessels in distress, to seek safety in their ports, except under the charge of paying import duties on their cargoes, or under penalty of confiscation, where the cargo consisted of prohibited goods...
Page 3 - That a ship or a vessel on the high seas, in time of peace, engaged in a lawful voyage, is, according to the laws of nations, under the exclusive jurisdiction of the state to which her flag belongs ; as much so as if constituting a part of its own domain.
Page 24 - ... done by their respective subjects, and to entertain any complaint which the Two Sicilies may have to urge against them by reason of the Acts of their subjects; but* to use towards that State the judicial language of Lord Stowell, already referred to, and say, 'rescind the illegal act done by Your subjects, and leave the Foreigner to the Justice of his own Country'.
Page 5 - ... of sand, and the navigation is difficult and dangerous, not only on these accounts, but from the violence of the winds and the variable nature of the currents. Accidents are, of course, frequent, and necessity often compels vessels of the United States, in attempting to double Cape Florida, to seek shelter in the ports of these islands. Along this passage...