Argument of Mr. Evarts, One of the Counsel of the United States, Addressed to the Tribunal of Arbitration at Geneva on the 5th and 6th August, 1872, in Reply to the Special Argument of the Counsel of Her Britannic Majesty: Stenographic ReportChiswick Press, 1872 - 108 páginas |
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Página 27
... proofs . You have then , on the one hand , a clear duty towards the offended bellige- rent , and on the other only the supposed obligation of courtesy or comity towards the offending belligerent . This courtesy , this comity , it is ...
... proofs . You have then , on the one hand , a clear duty towards the offended bellige- rent , and on the other only the supposed obligation of courtesy or comity towards the offending belligerent . This courtesy , this comity , it is ...
Página 52
... proofs . Her steam power was not necessary to her navigation or her speed , however , except to provide against calms , and give assurance of con- stancy of progress in adverse weather . Her great advantage , however , was in being one ...
... proofs . Her steam power was not necessary to her navigation or her speed , however , except to provide against calms , and give assurance of con- stancy of progress in adverse weather . Her great advantage , however , was in being one ...
Página 65
... proof of due diligence to prevent them shall not appear in the proofs , under that second Rule all four of these cruisers must be condemned by the Tribunal . I do not pass , nor venture to pass , in the present argument , upon the ...
... proof of due diligence to prevent them shall not appear in the proofs , under that second Rule all four of these cruisers must be condemned by the Tribunal . I do not pass , nor venture to pass , in the present argument , upon the ...
Página 104
... proof , upon every principle of sound reason , must furnish it . This is all we have insisted upon in the matter of the burden of proof . In conclusion of the first chapter of this special argument , the eminent Counsel , at section 43 ...
... proof , upon every principle of sound reason , must furnish it . This is all we have insisted upon in the matter of the burden of proof . In conclusion of the first chapter of this special argument , the eminent Counsel , at section 43 ...
Términos y frases comunes
action applied argu armament and munitions armed authority base of naval Britain British Government British ports circumstances claims coaling conduct contraband of war course courts Crown dealing in contraband debate diligence to prevent discussion doctrine doctrine of comity due diligence eminent Counsel Evarts evasion Executive Executive Government exercise facts fault Foreign Enlistment Act furnish ground to believe hospitality hostile act hostile expedition illegal insisted interception international law judicial law of nations learned Counsel Majesty's Government matter means ment municipal law naval operations neutral nation neutral ports neutral territory neutre obligation offended neutral offending cruisers outfit parties port of Liverpool ports and waters prerogative principles proofs proposition proscribed reasonable ground regard resort responsibility right of asylum second clause second Rule Shenandoah ship Sir Alexander Cockburn Sir Roundell sovereign sovereignty special argument territoire Three Rules tion trality Treaty Treaty of Washington Tribunal unarmed United violation of neutrality want of due
Pasajes populares
Página 17 - First, to use due diligence to prevent the fitting out, arming, or equipping, within its jurisdiction, of any vessel which it has reasonable ground to believe is intended to cruise or to carry on war against a power with which it is at peace ; and also to use like diligence to prevent the departure from its jurisdiction of any vessel intended to cruise or carry on war as above, such vessel having been specially adapted, in whole or in part, within such jurisdiction, to warlike use.
Página 8 - In deciding the matters submitted to the Arbitrators they shall be governed by the following three rules, which are agreed upon by the High Contracting Parties as rules to be taken as applicable to the case...
Página 9 - Government cannot assent to the foregoing rules as a statement of principles of international law which were in force at the time when the claims mentioned in Article I arose, but that her Majesty's Government, in order to evince its desire of strengthening the friendly relations between the two countries, and of making satisfactory provision for the future, agrees that in deciding the questions between the two countries arising out of those claims the arbitrators should assume that her Majesty's...
Página 65 - Secondly, not to permit or suffer either belligerent to make use of its ports or waters as the. base of naval operations against the other, or for the purpose of the renewal or augmentation of military supplies or arms, or the recruitment of men. Thirdly, to exercise due diligence in its own ports and waters, and, as to all persons within its jurisdiction, to prevent any violation of the foregoing obligations and duties.
Página 78 - We may have our own opinions about slavery; we may be for or against the South; but there is no doubt that Jefferson Davis and other leaders of the South have made an army; they are making, it appears, a navy; and they have made what is more than either, they have made a nation.4.
Página 63 - It seems clear, on the principle enunciated in these authorities, that, except on the ground of any proved violation of the Foreign Enlistment Act, Her Majesty's Government cannot interfere with commercial dealings between British subjects and the so- sty led Confederate States, whether the subject of those dealings be money or contraband goods, or even ships adapted for warlike purposes.
Página 13 - the first general maxim of interpretation is, that it is not allowable to interpret what has no need of interpretation.
Página 89 - Why then, take no note of him, but let him go ; and presently call the rest of the watch together, and thank God you are rid of a knave.
Página 95 - ... to prevent" the occurrence of any of the infractions of the law of nations proscribed by the rules. There are two propositions in these rules. Certain things are assigned as violations of the law of nations, and as involving a duty on the part of a neutral Government to prevent them; and besides in and towards preventing them it is its duty to use due diligence.
Página 11 - ... optional character, while, in the future, the rules were to be authoritative, binding rules of the law of nations? When the United States had given an assent, by convention, to the law that was to govern this Tribunal, was it intended that that law should be construed, as to the past, differently from what it was to be construed in reference to the future? I apprehend that this learned Tribunal will at once dismiss this consideration, with all its important influence upon the whole subsequent...