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 5

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Page 373 - 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. Their elements...
Page 385 - The truth may not always be discernible, but when it is discovered, it is according to the truth and not according to the fiction, that we are to give to the transaction its character and denomination.
Page 374 - I confess I should have been inclined to have gone along with him, to this extent, that if a cruiser, which had before acted in a manner entirely unexceptionable, and free from all violation of territory, had summoned a vessel to submit to examination and search, and that vessel had fled to such places as these...
Page 375 - ... whatever, quietly taken possession of his prey, it would be stretching the point too hardly against the captor, to say that on this account only it should be held an illegal capture. If nothing objectionable had appeared in the conduct of the captors before, the mere following to such a place as this is, would, I think, not invalidate a seizure otherwise just and lawful.
Page 374 - ... part of the territory of America. Whether they are composed of earth or solid rock, will not vary the right of dominion, for the right of dominion does not depend upon the texture of the soil. I am of opinion that the right of territory is to be reckoned from those islands. That being established, it is not denied that the actual capture took place within the distance of three miles from the islands, and at the very threshold of the river.
Page 361 - That the district courts shall take cognizance of complaints, by whomsoever instituted, in cases of captures made within the waters of the United States, or within a marine league of the coasts or shores thereof.
Page 173 - Prize is altogether a creature of the Crown. No man has, or can have any interest, but what he takes as the mere gift of the Crown ; beyond the extent of that gift he has nothing. This is the principle of law on the subject, and founded on the wisest reasons. The right of making War and Peace is exclusively in the Crown. The acquisitions of War belong to the Crown, and the disposal of these acquisitions may be of the utmost importance for the purposes both of War and Peace.
Page 125 - ... necessity, arising from a certain expectation of war; that it is a sale of goods not in the possession of the seller, and in a state where they could not. during war, be legally transferred, on account of the fraud on belligerent rights, I cannot but think that the same fraud is committed against the belligerent, not, indeed as an actual belligerent, but as one who was, in the clear expectation of both the contracting parties, likely to become a belligerent before the arrival of the property,...
Page 373 - ... and since the introduction of firearms, that distance has usually been recognized to be about three miles from the shore. But it so happens in this case, that a question arises as to what is to be deemed the shore, since there are a number of little mud islands composed of earth and trees drifted down by the river, which form a kind of portico to the main land. 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,"...
Page 243 - ... a legal as well as a moral illegality. If a man fires a gun at sea, intending to kill an Englishman, which would be legal murder, and by accident does not kill an Englishman, but an enemy, the moral guilt is the same, but the legal effect is different ; the accident has turned up in his favour, the criminal act intended has not been committed, and the man is innocent of the legal offence.

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