Reports of Cases Argued and Determined in the High Court of Admiralty: Commencing with the Judgments of the Right Hon. Sir William Scott, Michaelmas Term, 1798 [-1808], Volume 4

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Page 79 - ... liable to confiscation; and it has been ruled that, without license from government, no communication, direct or indirect, can be carried on with the enemy ; that the interposition of a prior port makes no difference; that all trade with the enemy is illegal, and the circumstance that the goods are to go first to a neutral port will not make it lawful.
Page 255 - If an act of force, exercised by one belligerent on a neutral ship or person, is to be deemed a sufficient justification for any act done by him, contrary to the known duties of the neutral character, there would be an end of any prohibition under the law of nations to carry contraband, or to engage in any other hostile act.
Page 167 - The inhabitants of those countries are not professors of exactly the same law of nations with ourselves. In consideration of the peculiarities of their situation and character, the court has repeatedly expressed a disposition not to hold them bound to the utmost rigor of that system of public laws on which European states have so long acted in their intercourse with one another.
Page 80 - If in the ship's papers property in a voyage from an enemy's port be described "for neutral account," this is such a general mode as points to no designation whatever; and under such a description no person can say that the cargo belongs to him, or can entitle himself to the possession of it as his property. In such a case farther proof is indispensable.
Page 61 - If that is the consequence, all that can be said is that it is an unavoidable consequence. It must be imputed to the nature of the thing which will not admit a remedy of this species.
Page 425 - The relaxations that have since been adopted have originated chiefly in the change that has taken place in the trade of that part of the world, since the establishment of an independent government on the continent of America. In consequence of that event, American vessels had been admitted to trade in some articles, and on certain conditions, with the colonies both of this country and France.
Page 2 - There might perhaps be cause of confiscation, according to their notions, for some infringment of the regulations of treaty; as it is by the law of treaty only that these nations hold themselves bound, conceiving (as some other people have foolishly imagined), that there is no other law of nations, but that which is derived from positive compact and convention. Had there been any demand for justice in that country on the part of the owners, and the Dey had refused to hear their complaints, there...
Page 426 - France, Spain, or Holland, and coming directly from any port of the said islands or settlements, to any port of Europe, not being a port of this kingdom, nor a port of the country to which such ships, being neutral ships,* belonged." Neutral vessels were, by this relaxation, allowed to carry on a direct commerce between the colony of the enemy, and their own country ; a concession rendered more reasonable by the events of war, which, by annihilating the trade of France, Spain, and Holland, had entirely...
Page 62 - ... In laying down this rule, as applicable to the present case, I proceed upon the supposition that this was a real inland navigation, and not a navigation over the Watt, the character of which might be subject to a different signification.

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