The Law of Nations Affecting Commerce During War: With a Review of the Jurisdiction, Practice and Proceedings of Prize Courts

Francis Henry Upton

J.S. Voorhies, 1863 - 503 страница

Садржај

• War defined: 1
• In the United States an act of Congress considered equivalent to a formal declaration: 6
• X: 8
• Legislative precedents not of binding authority: 13
• Potts vs Bell 18 130 159 412: 18
• Contracts suspended between belligerents: 20
• Lawrence the: 24
• Rule of suspension of commerce applicable to allies as well as to belligerents: 27
• Madonna delle Grazie: 34
• Rule in the early ages: 38
• viii: 42
• THE CIVIL WAR IN THE UNITED STATES: 44
• Fleming vs Page 304: 49
• Calypso the 424 279 339: 50
• President the 409: 51
• Case of The General Parkhill United States District Court for the Eastern District: 55
• Charlotte Fox the 328: 56
• Falcon the 390: 67
• F W Johnson the: 76
• Case of The Amy Warwick United States District Court for the District of Massachusetts: 82
• Concordia the 395 338: 86
• 1: 95
• CHAPTER III: 108
• McConnel vs Hector: 113
• What constitutes residence in a hostile country to impress a hostile character: 114
• Personal residence not requisite: 124
• National character of ship generally determined by the residence of the owner: 130
• Character of the flag impresses the vessel: 135
• Transfers in general: 141
• Mariana the: 146
• Recent American decisions on the doctrine of hostile character by hostile residence: 147
• Carl Walter the 429 411 431: 153
• The right as applied to slave property resulting from the civil war in the United States: 161
• Civil embargo: 168
• Gist vs Mason 22 30: 169
• Right acknowledged by all nations: 175
• Velomane the 178 195: 178
• Mariamne the: 185
• Distinction between privateers and letters of marque: 186
• Grotius the: 190
• Captain Speddon the 441: 194
• Galen the 198 229: 198
• Mentor the: 200
• Twilhieg Rigct the: 201
• Doctrine of constructive assistance as between public and private armed vessels: 209
• Guillaume Tell the: 216
• Mars the: 218
• No jointcapture when in sight only from the masthead: 219
• Whether army forces can be entitled as jointcaptors with naval forces: 225
• Minerva the: 229
• Two Friends the 233 241 246 388: 233
• Goss vs Withers: 238
• Termination of the rights of postliminium: 239
• Salvage not due to a national vessel on the recapture of another national vessel: 243
• Goodrich vs Gordon: 248
• RECAPTURE AND MILITARY SALVAGE: 249
• CHAPTER V: 259
• Hoop the 17: 263
• Rule of exclusion does not operate if it would deprive the neutral of his accustomed: 267
• Margaretha Magdalena the: 269
• The armed neutrality: 274
• Neutralitet the: 283
• Twee Gebroeders the: 285
• Case of The Elizabeth: 290
• Blockade of the southern ports of the United States: 298
• To take possession of and place their seals upon the prize property: 317
• Opinion of Justice Grier: 323
• Twee Juffrowen the 328 407: 328
• VISITATION AND SEARCH 834: 334
• Two Brothers the: 339
• The right as applicable to ships of war: 343
• Talbot vs Johnson 391: 349
• CHAPTER VI: 383
• Rules as to first duty of captors on securing possession of prize: 393
• THE PRIZE LIBEL Its proper form and by whom filed: 400
• Appraisement and sale of property if perishable the rule of prize courts: 406
• The effect of violation of blockade: 412
• DECREE OF RESTITUTION on recapture: 419
• FARTHER PROOF Order forwhen made: 426
• Rapid the 23: 428
• Order of sale: 430
• THE DUTY OF CAPTORS: 436
• C: 438
• Case of The Louisa Agnes United States District Court New York: 442
• Circular of instructions in this respect to naval commanders from the United States: 450
• DELIVERY TO CLAIMANTS ON BAIL: 457
• Decree of distribution How required to be rendered by the act of March 25th 1862: 463
• Incongruous legislation rendered inoperative a subsequent attempt to provide a remedy: 469
• Standing interrogatories to witnesses examined in preparatorio: 479
• V: 485
• Expense of unlivery or removalby whom borne: 493
• D: 500
• In conflict with the spirit of the age 178: 502
• No commission requisite for recapture 242: 503

Популарни одломци

Страница 495 - Ann, and Norfolk, including the cities of Norfolk and Portsmouth), and which excepted parts are, for the present, left precisely as if this proclamation were not issued. And by virtue of the power and for the purpose aforesaid, I do order and declare that ALL PERSONS HELD AS SLAVES, within said designated states and parts of states, ABE, AND

Страница 493 - due, and any officer who shall be found guilty by a court-martial of violating this article shall be dismissed from the service. Also to the ninth and tenth sections of an act entitled "An act to suppress insurrection, to punish treason and rebellion, to seize and confiscate property of rebels, and for other purposes,

Страница 485 - by the ordinary course of judicial proceedings, or by the powers vested in the marshals by law: Now, therefore, I, ABRAHAM LINCOLN, President of the United States, in virtue of the power in me vested by the constitution and the laws, have thought tit to call forth,

Страница 493 - of the United States are prohibited from employing any of the forces under their respective commands for the purpose of returning fugitives from service or labor who may have escaped from any person to whom such service or labor is claimed to bo due, and any officer who shall be found guilty by

Страница 485 - A PROCLAMATION, BY THE PRESIDENT OF THE UNITED STATES. WHEREAS, The laws of the United States have been for some time past and now are opposed, and the execution thereof obstructed, in the states of South Carolina, Georgia, Alabama, Florida, Mississippi, Louisiana, and Texas, by combinations too powerful to he suppressed by the ordinary

Страница 487 - said states, or under any other pretence, shall molest a vessel of the United States, or the persons or cargo on board of her. such person will be held amenable to the laws of the United States for the prevention and punishment of piracy. By the President: ABRAHAM LINCOLN. WILLIAM H. SEWARD, Secretary of State.

Страница 373 - found on board the ships belonging to the subjects of either of the confederates, although the whole lading, or any part thereof, should appertain to the enemies of either, contraband goods being always excepted. It is also agreed, in like manner, that the same liberty be extended to persons who are on board a free ship, with this effect—that

Страница 494 - our Lord one thousand eight hundred and sixty-two, a proclamation •was issued by the President of the United States, containing among other things the following, to wit: " That on the first day of January, in

Страница 493 - States of America in Congress assembled, That hereafter the following shall be promulgated as an additional article of war for the government of the army of the .United States, and shall be obeyed and observed as such. "ARTICLE. All officers or persons in the military or naval

Страница 487 - ABRAHAM LINCOLN, President of the United States, with a view to the same purposes before mentioned, and to the protection of the public peace, and the lives and property of quiet and orderly citizens pursuing their lawful occupations, until Congress shall have assembled and deliberated on the said unlawful proceedings, or until

Библиографски подаци

• Наслов: The Law of Nations Affecting Commerce During War: With a Review of the Jurisdiction, Practice and Proceedings of Prize Courts; Making of modern law: Foreign, comparative and international law, 1600-1926
• Аутор: Francis Henry Upton
• Издање: 3
• Издавач: J.S. Voorhies, 1863
• Дужина: 503 страница