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

Front Cover
John S. Voorhies, 1863 - Capture at sea - 503 pages

From inside the book

Contents

De Bilboa the
33
Madonna delle Grazie
34
Baglehole ex parte
36
Treaty stipulations
38
Boussemaker ex parte
43
THE CIVIL WAR IN THE UNITED STATES
44
Rebecca the 178 190
54
Case of The General Parkhill United States District Court for the Eastern District
55
Cases of The Hiawatha North Carolina Pioneer Crenshaw Winnifred Hannah M
67
Case of The F W Johnson United States District Court for the District of Maryland
76
Case of The Amy Warwick United States District Court for the District of Massachusetts
82
Santissima Trinidad the 13 183 306
85
CHAPTER III
108
Benson us Boyle
110
Joseph the 24
111
De Luneville vs Phillips
113
What constitutes residence in a hostile country to impress a hostile character
114
Bromley vs Hazeltine
118
Dias vs Revenge the 187
119
Jonge Pieter the 29
123
Personal residence not requisite
124
Samuel the 29
125
Dree Gebroeders 126 410
126
National character of ship generally determined by the residence of the owner
130
Jacobus Johannes the
132
Character of the flag impresses the vessel
135
Julia the
138
Sechs Geschwestern the
141
Denkbaar African the 141 411
143
Mariana the
146
Recent American decisions on the doctrine of hostile character by hostile residence
147
Secret liens disregarded by courts of prize
153
Dordrecht the 228
154
CHAPTER IV
159
Warlike and civil
165
To redress individual wrongs
171
Privateers must be commissioned
177
Josephine the 146 409 411
178
Mariamne the
185
Distinction between privateers and letters of marque
186
Santa Cruz the
190
Endraught the 126 229 409
194
Mentor the
200
John the 201
201
Boedes Lust the 167 412
202
Doctrine of constructive assistance as between public and private armed vessels
209
Belle Coquette the
211
Etoile the 213 230
213
Mars the
218
Buenos Ayres the
219
San Damaso the
220
El Rayo the
221
Whether army forces can be entitled as jointcaptors with naval forces
225
Jaggernaich the
226
British Guiana the
228
Minerva the
229
Empress the
230
Two Friends the 233 241 246 388
233
Sophie the
238
Rule of exclusion does not operate if it would deprive the neutral of his accustomed
267
Margaretha Magdalena the
269
Jonge Thomay the
272
The armed neutrality
274
Relaxation of the rule of suspension of commerce in certain cases
276
Stest the
277
Jonge Petronella the
279
What is a violation of blockade
283
Jonge Pieter the 285 407 427
285
Betsy the 276 393 422
286
Case of The Elizabeth
290
Blockade of the southern ports of the United States
298
Rule applicable as well to commerce on land as by water
304
JUDICIAL CONSTRUCTION OF THE EXECUTIVE PROCLAMATION
309
5
319
Opinion of Justice Grier
323
Jonge Margaretha the 327 331 429
328
Edward the
330
Brutus the 231
331
VISITATION AND SEARCH
334
Eleonora the
336
Jaffrow Anna the
339
The right as applicable to ships of war
343
CASE OF THE TRENT
349
13
353
CHAPTER VI
383
Ships taken at Genoa the
388
Eliza the
389
Bingham vs Cabot 391 416
391
Rules as to first duty of captors on securing possession of prize
393
Elsebe the 401 394 412
395
Venus the 25 409 44
400
Bolch vs Darrel
403
Legal presumptions in prize courts and the burden of proof resulting therefrom
407
Julia the 408
408
Bernou the 409
409
Vreede Schottys the 136
411
THE DECREE OF CONDEMNATION
413
John the
414
Babillon the
417
DECREE OF RESTITUTION on recapture
419
Sophie the
420
Jefferson the
425
FARTHER PROOFOrder forwhen made
426
Eenrom the 286
427
Order of sale
430
British Empire the
436
Emily St Pierre the 254
439
Case of The Louisa Agnes United States District Court New York
442
Duty of captors as to vessels papers found on board at the time of capture
449
Witnesses to be examined without the presence of counsel
455
Vessels within signal distance entitled to share
461
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
16
476
Standing interrogatories to witnesses examined in preparatorio
479
Distribution of prize moneyAct of Congress of 1862
489
No commission requisite for recapture 242
501

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Page 491 - States, if any, in which the people thereof, respectively, shall then be in rebellion against the United States; and the fact that any State, or the people thereof, shall on that day be in good faith represented in the Congress of the United States, by members chosen thereto at elections wherein a majority of the qualified voters of such...
Page 483 - I deem it proper to say that the first service assigned to the forces hereby called forth will probably be to repossess the forts, places, and property which have been seized from the Union; and in every event the utmost care will be observed, consistently with the objects aforesaid, to avoid any devastation, any destruction of or interference with property, or any disturbance of peaceful citizens in any part of the country.
Page 491 - An Act to Suppress Insurrection, to Punish Treason and Rebellion, to Seize and Confiscate Property of Rebels, and for Other Purposes," approved July 17, 1862, and which sections are in the words and figures following: Sec.
Page 492 - And I do hereby enjoin upon and order all persons engaged in the military and naval service of the United States to observe, obey, and enforce, within their respective spheres of service, the Act and sections above recited. And the Executive will in due time recommend that all citizens of the United States who shall have remained loyal thereto throughout the rebellion shall (upon the restoration of the constitutional relation between the United States and their respective States and people, if...
Page 483 - Deeming that the present condition of public affairs presents an extraordinary occasion, I do hereby, in virtue of the power in me vested by the Constitution, convene both Houses of Congress.
Page 311 - ... language employed, and if the words are free from ambiguity and doubt, and express plainly, clearly and distinctly, the sense of the framers of the instrument, there is no occasion to resort to other means of interpretation. It is not allowable to interpret what has no need of interpretation...
Page 483 - 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 fit to call forth, and hereby do call forth, the militia of the several States of the Union, to the aggregate number of seventy-five thousand, in order to suppress said combinations, and to cause the laws to be duly executed.
Page 485 - ... be duly warned by the commander of one of the blockading vessels, who will indorse on her register the fact and date of such warning, and if the same vessel shall again attempt to enter or leave the blockaded port, she will be captured and sent to the nearest convenient port, for such proceedings against her and her cargo, as prize, as may be deemed advisable.
Page 311 - Whether we are considering an agreement between parties, a statute, or a constitution, with a view to its interpretation, the thing which we are to seek is the thought which it expresses. To ascertain this, the first resort in all cases is to the natural signification of the words employed, in the order of grammatical arrangement in which the framers of the instrument have placed them.
Page 491 - All officers or persons in the military or naval service 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...

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