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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T. & J. W. Johnson & Company, 1860 - Blockade - 115 pages
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Page 64 - 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 63 - ... 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 27 - 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 59 - ... not accompanied the history of the decisions. " In 1673, when .many unwarrantable rules were laid down by public authority respecting contraband...
Page 63 - By the maritime law of nations universally and immemorially received, there is an established method of determination whether the capture be, or be not, lawful prize. Before the ship or goods...
Page 42 - 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 63 - 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 12 - Thus, for instance, on mere general principles it is lawful to destroy your enemy ; and mere general principles make no great difference as to the manner by which this is to be effected ; but the conventional law of mankind, which is evidenced in their practice, does make a distinction, and allows some, and prohibits other modes of destruction ; and a belligerent is bound to confine himself to those modes which the common practice of mankind has employed, and to relinquish those which the same practice...
Page 28 - 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 19 - He quotes them, as he tells us himself, as witnesses, whose conspiring testimony, mightily strengthened and confirmed by their discordance on almost every other subject, is a conclusive proof of the unanimity of the whole human race on the great rules of duty and the fundamental principles of morals.

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