A Legal View of the Seizure of Messrs Mason and Slidell1861 - Search, Right of - 27 pages |
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Page 6
... arrest , under a claim of belligerent right , involves , on the part of the United States , an emphatic renunciation of the theory recently adopted by their own government . The American Secretary of State , on the 30th of May last , in ...
... arrest , under a claim of belligerent right , involves , on the part of the United States , an emphatic renunciation of the theory recently adopted by their own government . The American Secretary of State , on the 30th of May last , in ...
Page 7
... arrest of such criminals could only be effected by a resort to the due process of the municipal law of England . Were Messrs . Mason and Slidell , considering all the cir- cumstances of the situation and voyage of the Trent , liable to ...
... arrest of such criminals could only be effected by a resort to the due process of the municipal law of England . Were Messrs . Mason and Slidell , considering all the cir- cumstances of the situation and voyage of the Trent , liable to ...
Page 17
... arrested off the coast of Newfoundland on board a vessel bound from a port of the revolted American colonies to Holland . It has been asserted that the vessel was Dutch . Yet from the preponderance of evidence , it seems clear that she ...
... arrested off the coast of Newfoundland on board a vessel bound from a port of the revolted American colonies to Holland . It has been asserted that the vessel was Dutch . Yet from the preponderance of evidence , it seems clear that she ...
Page 18
... arrest of Messrs . Mason and Slidell : " I have before said , that persons discharging the functions of ambassadors ... arrested on his voyage on the high seas , not only in a neutral vessel , but in a neutral vessel bound from one ...
... arrest of Messrs . Mason and Slidell : " I have before said , that persons discharging the functions of ambassadors ... arrested on his voyage on the high seas , not only in a neutral vessel , but in a neutral vessel bound from one ...
Page 19
... arrest them if they attempt to pass privately , and without permission , through places belonging to our ... arrested , and after- wards sent over to England . As his Britannic Majesty had in that instance only exerted the rights of war ...
... arrest them if they attempt to pass privately , and without permission , through places belonging to our ... arrested , and after- wards sent over to England . As his Britannic Majesty had in that instance only exerted the rights of war ...
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Common terms and phrases
adverse belligerent American arrest authority belligerent rights board the Trent brought to adjudication captain carrying of military carrying officers character of hostile chartered commerce communications contraband contraband of war conveyance conveying cruiser Danish direct and immediate doctrine duties of neutrality emy's enemy's citizens enemy's colony enemy's country enemy's dominions enemy's government engaged England English forfeiture guerre Hautefeuille high seas hostile despatches international law Laurens law of nations letters liam Scott ligerent Mason and Slidell minister mother country neutral country neutral government neutral merchant vessels neutral port neutral power neutral rights neutral ship neutral vessel officers and soldiers opinion of Sir Orozembo packet-ship passage present seizure principle proclamation quasi-contraband remote and consequential right of search sail seizure of Messrs seizure on board Sir William Scott sovereign spatches stop the ambassador tion tral transport military persons transportation of despatches United veyance violation voyage
Popular passages
Page 6 - It is earnestly hoped that this protest may be sufficient to relieve this government from the necessity of any action on the unpleasant subject to which it relates. Secondly. The United States cannot for a moment allow the French government to rest under the delusive belief that they will be content to have the confederate States recognized as a belligerent power by States with which this nation is in amity. No concert of action among foreign States so recognizing the insurgents can reconcile the...
Page 10 - Rob. cient importance to that enemy that such persons should be sent out on the public service, at the public expense, it should afford equal ground of forfeiture against the vessel, that may be let out for a purpose so intimately connected with the hostile operations.
Page 21 - If, therefore, the United States had gone so far as formally to acknowledge the independence of Hungary, although, as the result has proved, it would have been a precipitate step, and one from which no benefit •would have resulted to either party, it would not, nevertheless, have been an act against the law of nations, provided they took no part in her contest with Austria.
Page 21 - ... it is not to be required of neutral powers that they should await the recognition of the new government by the parent state.
Page 18 - I have before said that persons discharging the functions of ambassadors are, in a peculiar manner, objects of the protection and favour of the law of nations. The limits that are assigned to the operations of -war against them by Vattel and other writers upon those subjects are, that you may exercise your right of war against them wherever the character of hostility exists. You may stop the ambassador of your enemy on his passage...
Page 16 - ... military stores, or materials, or any article or articles considered and deemed to be contraband of war according to the law or modern usage of nations, for the use or service of either of the said contending parties...
Page 20 - ... be adopted and observed, consistently with the rights and honor of the United States and the security of their citizens. That rule announces, therefore, what will hereafter be the principle maintained by their government In every regularly documented American merchant- vessel, the crew who navigate it will find their protection in the flag which is over them.
Page 5 - A vessel on the high seas beyond the distance of a marine league from the shore, is regarded as part of the territory of the nation to which she belongs, and subjected exclusively to the jurisdiction of that nation.
Page 10 - It appears to me on principle to be but reasonable that when it is of sufficient importance to the enemy that such persons shall be sent out on the public service at the public expense, it should afford equal ground of forfeiture against the vessel that may be let out for a purpose so intimately connected with the hostile operations.
Page 21 - Powers that they should await the recognition of the new Government by the parent State. No principle of public law has been more frequently acted upon, within the last thirty years, by the great Powers of the world than this. Within that period eight or ten new States have established independent Governments within the limits of the colonial dominions of Spain, on this continent ; and in Europe the same thing has been done by Belgium and Greece. The existence of all these Governments was recognised...