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], Τόμος 1


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Σελίδα 363 - ... ships inconsistent with amity or neutrality; and if they consent to accept this pledge, no third party has a right to quarrel with it, any more than with any other pledge which they may agree mutually to accept But surely no sovereign can legally compel the acceptance of such a security by mere force.
Σελίδα 365 - Vattel is here to be considered not as a lawyer merely delivering an opinion, but as a witness asserting the fact — the fact that such is the existing practice of modern Europe. And to be sure, the only marvel in the case is, that he should mention it as a law merely modern, when it is remembered that it is a principle, not only of the Civil Law (on which great part of the Law of Nations is founded,) but of the private jurisprudence of most countries in Europe, — that a contumacious refusal to...
Σελίδα 141 - Thus, for instance, on mere general principles it is lawful to destroy your enemy ; and mere general principles make no great difference as to the manner by which this is to be effected ; but the conventional law of mankind, which is evidenced in their practice, does make a distinction, and allows some, and prohibits other modes of destruction ; and a belligerent is bound to confine himself to those modes which the common practice of mankind has employed...
Σελίδα 361 - 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 pre-existing, 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 142 - The institution must conform to the text law, and likewise to the constant usage upon the matter; and when I am told that, before the present war, no sentence of this kind has ever been produced in the annals of mankind, and that it is produced by one nation only in this war, I require nothing more to satisfy me that it is the duty of this Court to reject such a sentence as inadmissible.
Σελίδα 364 - 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.
Σελίδα 361 - This right is so clear in principle, that no man can deny it who admits the legality of maritime capture; because if you are not at liberty to ascertain by sufficient inquiry whether there is property that can legally be captured, it is impossible to capture.
Σελίδα 370 - 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 cruiser, is followed by the legal consequence of confiscation.
Σελίδα 172 - There are two sorts of blockade ; one by the simple fact only, the other by notification accompanied with the fact. In the former case, when the fact ceases otherwise than by accident, or the shifting of the wind, there is immediately an end of the blockade ; but where the fact is accompanied by a public notification from the government of a belligerent country to neutral governments, I apprehend, primA facie, the blockade must be supposed to exist till it has been publicly repealed.
Σελίδα 351 - The seat of judicial authority is indeed locally here, — in the belligerent country, — according to the known law and practice of nations ; but the law itself has no locality.

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