Case of the Seizure of the Southern EnvoysJ. Ridgway, 1861 - 26 páginas |
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Términos y frases comunes
ambassador bad precedent belligerent right Britain British cruizers BRITISH SETTLERS Bynkershoek Cagliari Captain Keppel captured Caroline carried despatches character cited civil claimed colonies commanded by Captain condemned conduct of England convey corrected and revised decision Dutch enemy enemy's English Minister English Prize Court English sailor fact favour frigate Hercules Holland hostile IMPORTANT PAMPHLETS impressment of seamen India INDIAN OFFICERS INDIGO intercourse International justice international law JAMES RIDGWAY Judge Laurens LETTER LOIS WEEDON LORD COLLINGWOOD'S Lord Stowell says Lucien mail packets MEMOIRS ment military Naples nature of contraband NAVAL Neapolitan neutral ship neutral vessel Newfoundland passage passengers Phillimore PICCADILLY President preventing the residence Price 18 Price 6d principles question rebel regular postal packet Royal Mail Steamer Royal Navy sacred rights San Jacinto Second Edition seized seizure of British SOUTHERN ENVOYS SPEECH Stowell's tion traband treaty Trent Vattel violated visit and search WORD in SEASON
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Página 19 - Could the seizure of British subjects in such cases be regarded as within the exercise of a belligerent right, the acknowledged laws of war, which forbid an article of captured property to be adjudged without a regular investigation before a competent tribunal, would imperiously demand the fairest trial where the sacred rights of persons were at issue. In place of such a trial these rights are subjected to the will of every petty commander.
Página 21 - I am of opinion that this vessel is to be considered as a French transport. It would be a very different case if a vessel appeared to be carrying only a few individual invalided soldiers, or discharged sailors, taken on board by chance, and at their own charge. Looking at the description given of the men on board, I am satisfied that they are still as effective members of the French marine as any can be.
Página 15 - And if there should be private reasons to suppose that this confidence in the good faith of the neutral State has a doubtful foundation, that is matter for the caution of the government, to be counteracted by just measures of preventive policy ; but it is no ground on which this court can pronounce that the neutral carrier has violated his duty by bearing despatches, which, as far as he can know, may be presumed to be of an innocent nature, and in the maintenance of a pacific connection.
Página 7 - ... despatches can only invest a neutral vessel with a hostile character in the case of its being employed for that purpose by the belligerent, and that it cannot affect with criminality either a regular postal packet or a merchant ship which takes a despatch in its ordinary course of conveying letters, and with the contents of which the master must necessarily be ignorant. This view, it is supposed, is not inconsistent with the text, which refers to a fraudulent carrying of the
Página 13 - ... entitled to peculiar privileges, as set apart for the protection of the relations of amity and peace, in maintaining which all nations are in some degree interested.
Página 16 - Dutch was removed ; and the Court of Great Britain was impelled to a firm and decisive mode of conduct, as well in resentment of past treachery, as with a view to counteract the effects of the neutral league. The Vestal frigate, commanded by Captain Keppel, took, near the banks of Newfoundland, a Congress packet» The papers were thrown overboard ; but, by the intrepidity of an English sailor, recovered with little damage.
Página 15 - The neutral country,' he said, ' has a right to preserve its relations with the enemy, and you are not at liberty to conclude that any communication between them can partake, in any degree, of the nature of hostility against you. The enemy may have his hostile projects to be attempted with the neutral State, but your reliance is on the integrity of that neutral State, that it will not favour nor participate in such designs, but, as far as its own councils and actions are concerned, will oppose them....
Página 21 - It is asked, will you lay down a principle that may be carried to the length of preventing a military officer, in the service of the enemy, from finding his way home in a neutral vessel from America to Europe ? If he...
Página 1 - Nescia mens hominum fati sortisque futurae et servare modum, rebus sublata secundis ! Turno tempus erit, magno cum optaverit emptum intactum Pallanta et cum spolia ista diemque oderit.
Página 21 - ... effective members of the French marine as any can be. Shall it be said then, that this is an innoxious trade, or that it is an innocent occupation of the vessel ? What are arms and ammunition in comparison with men, who may be going to be conveyed perhaps to renew their activity on our own shores? They are persons in a military capacity, who could not have made their escape in a vessel of their own country.