Researches, Historical and Critical, in Maritime International Law, Volumen 2

T. Clark, 1845

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Página 32 - The constitution of this court, relatively to the legislative power of the King in Council, is analogous to that of the Courts of Common Law relatively to that of the Parliament of this kingdom.
Página 32 - ... it is strictly true that, by the Constitution of this country, the King in Council possesses legislative rights over this Court, and has power to issue orders and instructions which it is bound to obey and enforce ; and these constitute the written law of this Court. These two propositions, that the Court is bound to administer the law of nations, and that it is bound to enforce the King's Orders in Council, are not at all inconsistent with each other, because these orders and instructions are...
Página 17 - Now, in order to justify a condemnation for breach of blockade three things must be proved: 1st, the existence of an actual blockade; 2dly, the knowledge of the party ; 3dly, some act of violation, either by going in or coming out with a cargo laden after the commencement of the blockade.
Página 247 - ... all which shall be wholly reckoned among free goods; as likewise all other merchandises and things which are not comprehended, and particularly mentioned in the foregoing enumeration of contraband goods; so that they may be transported and carried in the freest manner, by the subjects of both confederates, even to places belonging to an enemy; such towns or places being only excepted, as are at that time besieged, blocked up, or invested.
Página 32 - At the same time it is strictly true that by the Constitution of this country the King in Council possesses legislative rights over this court and has power to issue orders and instructions which it is bound to obey and enforce; and these constitute the written law of this court.
Página 246 - It shall likewise be lawful for the citizens aforesaid to sail with the ships and merchandise before mentioned, and to trade with the same liberty and security from the places, ports, and havens of those who are enemies of both or either party, without any opposition or disturbance whatsoever, not only directly from the places of the enemy...
Página 46 - I am authorized to declare to you, sir, that the decrees of Berlin and Milan are revoked, and that after the 1st of November they will cease to have effect; it being understood that, in consequence of this declaration, the English shall revoke their orders in council, and renounce the new principles of blockade, which they have wished to establish; or that the United States, conformably to the act you have just communicated, shall cause their rights to be respected by the English.
Página 247 - Confederates; although the whole Lading or any Part thereof, should appertain to the Enemies of Either, Contraband Goods being always excepted. It is also agreed in like manner, that the same Liberty, be extended to Persons, who are on board a free Ship with...
Página 33 - They are so declared in their own language, and in the uniform language of the government which has established them. I have no hesitation in saying, that they would cease to be just, if they ceased to be retaliatory; and they would cease to be retaliatory from the moment the enemy retracts, in a sincere manner, those measures of his, which they were intended to retaliate.

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