Neutral Rights, Or, An Impartial Examination of the Right of Search of Neutral Vessels Under Convoy: And of a Judgment Pronounced by the English Court of Admiralty, the 11th June, 1799, in the Case of the Swedish Convoy : with Some Additions and Corrections
Printed at the Aurora Office, 1801 - 162 σελίδες
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Σελίδα 143 - ... belligerent country, according to the known law and practice of nations ; but the law itself has no locality. It is the duty of the person who sits here to determine this question exactly as he would determine the same question if sitting at Stockholm ; to assert no pretensions on the part of Great Britain which he would not allow to Sweden in the same circumstances, and to impose no duties on Sweden, as a neutral country, which he would not admit to belong to Great Britain in the same character.
Σελίδα 143 - I trust that it has not escaped my anxious recollection for one moment, what it is that the duty of my station calls for from me ; — namely, to consider myself as stationed here, not to deliver occasional and shifting opinions to serve present purposes of particular national interest, but to administer with indifference that justice which the law of nations holds out, without distinction, to independent states, some happening to be neutral and some to be belligerent. The seat of judicial authority...
Σελίδα 150 - The right is equally clear in practice ; for practice is uniform and universal upon the subject. The many European treaties which refer to this right, refer to it as preexisting, and merely regulate the exercise of it. All writers upon the law of nations unanimously acknowledge it, without the exception even of Hubner himself, the great champion of neutral privileges.
Σελίδα 146 - ... rule may not have been broken in upon in some instances by considerations of comity or of policy, by which it may be fit that the administration of this species of law should be tempered in the hands of those tribunals which have a right to entertain and apply them ; for no man can deny that a state may recede from its extreme rights, and that its supreme councils are...
Σελίδα 152 - ... in such a way as may surrender the known and ancient rights of some nations to the present convenience of other nations (which nations may perhaps remember to forget them when they happen to be themselves belligerent), no reverence is due to them.
Σελίδα 145 - Conformably to this principle, we find in the celebrated French Ordinance of 1681, now in force, article 12, " That every vessel shall be good prize in case of resistance and combat; " and Valin in his smaller Commentary, p.
Σελίδα 150 - ... sails with instructions to prevent inquiry and search by force, which instructions he is bound to obey, and which he is prevented from acting upon to their utmost extent only by an irresistible force. Under such circumstances how does the presumption of abandonment arise? If it does, mark the consequences. If he meets with a superior force, he abandons his hostile purpose. If he meets with an inferior force, he carries it into complete effect. How much is this short of the ordinary state of actual...
Σελίδα 146 - I stand with confidence upon all fair principles of reason ; upon the distinct authority of VATTEL , Upon the institutes of other great maritime countries, as well as those of our own country — when I venture to lay it down, that by the law of nations, as now understood, a deliberate and continued resistance to search, on the part of a neutral vessel to a lawful cruizer, is followed by the legal consequence of confiscation.
Σελίδα 152 - That the penalty for the violent contravention of this right is the confiscation of the property so withheld from visitation and search. For the proof of this I need only refer to Vattel, one of the most correct and certainly not the least indulgent of modern professors of public law.