Reports of Two Cases Determined in the Prize Court for New York District

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Page 16 - That all ships and goods belonging to enemies, coming into any port, creek, or road, of this his majesty's kingdom of England or of Ireland, by stress of weather or other accident, or by mistake of port, or by ignorance, not knowing of the war, do belong to the lord high admiral...
Page 29 - Vattel, domicil, which he defines to be, " a habitation fixed in any place, with an intention of always staying there.
Page 55 - In the law of almost every country, the character of alien enemy carries with it a disability to sue, or to sustain in the language of the civilians a persona standi in judicio.
Page 55 - The same principle is received in our courts of the law of nations; they are so far British courts, that no man can sue therein who is a subject of the enemy, unless under particular circumstances that pro...
Page 12 - The Sovereign declaring War can neither detain those subjects of the enemy, who are within his dominions at the time of the Declaration, nor their effects. They came into his country on the public •faith. By permitting them to enter his territories and continue there, he tacitly promised them liberty and security for their return.
Page 37 - It is always to be remembered, that the native character easily reverts ; and that it requires fewer circumstances to constitute domicil in the case of a native subject, than to impress the national character on one who is originally of another country.
Page 17 - ... when vessels come in not under any motive arising out of the occasions of war, but from distress of weather, or want of provisions, or from ignorance of war, and are seized in port, they belong to the Lord High Admiral ; but where the hand of violence has been exercised upon them, where the impression arises from acts connected with war, from revolt of their own crew, or from being forced or driven in by the king's ships, they belong to the crown.
Page 7 - ... American vessel, and under the American flag. In examining the points which have been stated, it will be necessary to advert to some general principles of the law of nations. In doing this, it will not be requisite to notice particularly its divisions into necessary, voluntary, conventional, customary or positive. The law of nations, without defining or developing its divisions more minutely, may be stated to be the law of nature, rendered applicable to political societies, and modified, in progress...
Page 25 - Consolato del mare about the 12th century, that enemy property was good prize on board free ships, has certainly been contested at different periods. It has sometimes been admitted and rejected by the same and different nations: but the high authority of that ce"lebrated code, has generally prevailed where treaty stipulations did not establish a different rule. Within our own times it has been attempted with great force and with much spirit, to establish a different principle, but it was lost with...
Page 29 - Residence is prinia facie evidence of national character, susceptible, however, at all times, of explanation. If it be for a special purpose, and transient in its nature, it shall not destroy the original or prior national character • but if it be taken up animo manendi...

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