Journal of the Royal United Service Institution, Volume 9

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W. Mitchell and Son, 1865 - Military art and science
 

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Page 322 - The neutral flag covers enemy's goods, with the exception of contraband of war ; 3. Neutral goods, with the exception of contraband of war, are not liable to capture under enemy's flag; 4.
Page 318 - They stand, therefore, in precisely the same predicament as two nations who engage in a contest, and, being unable to come to an agreement, have recourse to arms.
Page 324 - Before the ship or goods can be disposed of by the captor there must be a regular judicial proceeding wherein both parties may be heard, and condemnation thereupon as prize in a Court of Admiralty, judging by the law of nations and treaties. The proper and regular Court for these condemnations is the Court of that state to whom the captor belongs.
Page 324 - Hence, the law of nations has established, that the goods of an enemy, on board the ship of a friend, may be taken. " That the lawful goods of a friend, on board the ship of an enemy, ought to be restored. " That contraband goods going to the enemy, though the property of a friend, may be taken as prize ; because supplying the enemy with what enables him better to carry on the war is a departure from neutrality.
Page 324 - By the maritime law of nations universally and immemorially received, there is an established method of determination, whether the capture be, or be not, lawful prize. Before the ship or goods can be disposed of by the captor there must be a regular judicial proceeding wherein both parties may be heard, and condemnation thereupon as prize in a Court of Admiralty, judging by the law of nations and treaties.
Page 335 - Hence you will perceive, sir, that the President contemplates restitution or compensation, in the cases before the 7th of August, and after that date, restitution, if it can be effected by any means in our power: and that it will be important, that you should substantiate the fact, that such prizes are in our ports or waters.
Page 109 - Commission is, through suggestions reported from time to time to the Medical Bureau and the War Department, to bring to bear upon the health, comfort and morale of our troops, the fullest and ripest teachings of sanitary science in its application to military life, whether deduced from theory or practical observation, from general hygienic principles, or from the experience of the Crimean, the East Indian, and the Italian wars. Its objects are purely advisory.
Page 335 - But still, if any cases shall arise subsequent to that date, the circumstances of which shall place them on similar ground with those before it, the President would think compensation equally incumbent on the United States.
Page 317 - Custom appropriates the term of " civil war" to every war between the members of one and the same political society. If it be between part of the citizens on the one side, and the sovereign, with those who continue in obedience to him, on the other, — provided the malecontents have any reason for taking up arms, nothing further is required to entitle such disturbance to the name of civil war, and not that of rebellion.
Page 108 - It must be well known to the Department of War that several such commissions followed the Crimean and Indian wars. The civilization and humanity of the age, and of the American people, demand that such a commission should precede our second war of independence,— more sacred than the first. We wish to prevent the evils that England and France .could only investigate and deplore.

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