Laws of the Sea: With Reference to Maritime Commerce During Peace and War

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Edward J. Coale., 1818 - Maritime law - 636 pages
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Page 396 - I am of a different opinion ; I think that the protection of territory is to be reckoned from these islands ; and that they are the natural appendages of the coast on which they border, and from which, indeed, they are formed.
Page 400 - By the law and constitution of this country, the sovereign alone has the power of declaring war and peace — He alone therefore who has the power of entirely removing the state of war, has the power of removing it in part, by permitting, where he sees proper, that commercial intercourse which is a partial suspension of the war.
Page 400 - ... of the state. It is for the state alone, on more enlarged views of policy, and of all circumstances that may be connected with such an intercourse, to determine when it shall be permitted, and under what regulations. In my opinion, no principle ought to be held more sacred than that this intercourse cannot subsist on any other footing than that of the direct permission of the state.
Page 419 - ... has resided, on his way to his own country, he was in the act of resuming his original character, and is to be considered as an American: The character that is gained by residence ceases by residence: It is an adventitious character which no longer adheres to him, from the moment that he puts himself in motion, b&na fide, to quit the country, sine animo revertendi.
Page 453 - It had, at that time, been prohibited (as far as respected carrying slaves to the colonies of foreign nations) by America; but by our own laws it was still allowed. It appeared to us therefore difficult to consider the prohibitory law of America in any other light than as one of those municipal regulations of a foreign state of which this Court could not take any cognizance. But by the alteration which has since taken place, the question stands on different grounds, and is open to the application...
Page 456 - When a squadron is driven off by accidents of weather, which must have entered into the contemplation of the belligerent imposing the blockade, there is no reason to suppose that such a circumstance would create a change of system, since it could not be expected that any blockade would continue many months, without being liable to such temporary interruptions. But when a squadron is driven off by a superior force, a new course of events arises, which may tend to a very different disposition of the...
Page 359 - That would have been the retroactive effect of that course of circumstances. On the contrary, if the transactions end in hostility, the retroactive effect is directly the other way. It impresses the direct hostile character upon the original seizure.
Page 417 - This is not to be taken in an unqualified latitude, and without some respect had to the time, which such a purpose may or shall occupy ; for if the purpose be of a nature that may, probably, or does actually detain the person for a great length of time, I cannot but think, that a general residence might grow upon the special purpose.
Page 396 - It is contended that these are not to be considered as any part of the territory of America; that they are a sort of "no man's land," not of consistency enough to support the purposes of life, uninhabited, and resorted to only for shooting and taking birds
Page 418 - Supposing a man comes into a belligerent country at or before the beginning of a war, it is certainly reasonable not to bind him too soon to an acquired character, and to allow him a fair time to...

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