The Law of Nations Affecting Commerce During War: With a Review of the ... - Francis Henry Upton - Google Libros

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Rule in the early ages..

Treaty stipulations..

Modern rule in absence of treaty...

Property exempt from capture or confiscation; public funds.

ADDENDA TO CHAPTER II.

THE CIVIL WAR IN THE UNITED STATES.

Review of the judicial discussions and determinations of the rights and liabilities re-

sulting therefrom....

Belligerent rights exercised by the United States in the conduct of the war..

Wisdom of the policy of the belligerent blockade of the insurgent ports.

Preference to a municipal regulation of closing the ports as ports of entry..

Objections raised to the validity of captures for the violation of the blockade.

Judicial determinations of these objections..

Case of The Tropic Wind. United States District Court for the District of Columbia

Opinion of Justice Dunlop..

Case of The General Parkhill. United States District Court for the Eastern District

of Pennsylvania...

Cases of The Hiawatha, North Carolina, Pioneer, Crenshaw, Winnifred, Hannah M.
Johnson, Lynchburg, General Green, Hallie Jackson, Forest King. United States Dis-
trict Court for the Southern District of New York..

Opinion of Justice Betts.....

Case of The F. W. Johnson. United States District Court for the District of Maryland

Opinion of Justice Giles...

Case of The Amy Warwick. United States District Court for the District of Massachusetts

Opinion of Justice Sprague....

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OF THE RIGHTS OF BELLIGERENTS TO INTERFERE WITH THE COMMERCE, AND TO CAPTURE

AND CONFISCATE THE PROPERTY OF OTHER THAN ADVERSE BELLIGERENTS; AND HEREIN

WHAT CONSTITUTES HOSTILITY OF CHARACTER, BOTH AS REGARDS PERSON AND PROPERTY.

What constitutes residence in a hostile country to impress a hostile character

Personal residence not requisite..

National character of ship generally determined by the residence of the owner.

Liability to capture determined by the flag or pass.

Sometimes by the nature of her employment...

By employment in commerce ordinarily confined to the adverse belligerent..

Especially when by authority of the adverse government.....

Character of the flag impresses the vessel..

Reason of this rule....

Attempts to evade the rules which impress hostility of character upon persons or

Recent American decisions on the doctrine of hostile character by hostile residence.. 147

Case of The Sarah Starr. United States District Court, New York...

Case of The Joseph H. Toone. United States Court, New York..

Case of The General Parkhill. United States Court, Pennsylvania.

Case of The Revere. United States Court, Massachusetts..

Case of The General Parkhill. United States Court, Pennsylvania.

Case of The Amy Warwick. United States Court, Massachusetts..

Transfers by enemies to neutrals during war void, as a fraud on belligerent rights...

Secret liens disregarded by courts of prize...

Case of The Arcola. United States District Court, Maryland..

Case of The Amy Warwick.. Claim of John L. Phipps & Co. United States District

Court, Massachusetts.

OF THE RIGHTS OF BELLIGERENTS TO INTERFERE WITH EACH OTHER'S COMMERCE, AND CAP-

TURE EACH OTHER'S PROPERTY; AND HEREIN OF EMBARGO; OF LETTERS OF MARQUE AND

REPRISAL; OF CAPTURE, AND JOINT-CAPTURE, AND RECAPTURE; OF POSTLIMINIUM AND

MILITARY SALVAGE.

The commerce of the enemy the legitimate prize of war.

Leading principles of national law on this subject.

The right as applied to slave property resulting from the civil war in the United States 161

Professor Parson's opinion upon this subject..

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Efforts of the United States government to discountenance privateering.

Revocation of commissions of privateers..

Validity of capture not affected by reason of the captor being an alien enemy..

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Privateers not considered private property on capitulation.

Limitation of the authority of letters of marque by the law of nations.

Lawful captures-only by public armed vessels or private armed vessels commissioned 194

Prize property subject only to visible and immediate encumbrances.

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Doctrine of constructive assistance as between public and private armed vessels.

The reasons of the rule....

Joint-enterprise as affecting the question of constructive assistance.

Mere intimidation, without co-operation, insufficient to establish rights as joint-captors 221

Nor mere association...

Unless in a direct military capacity..

Whether army forces can be entitled as joint-captors with naval forces...

Material service requisite....

Rights of joint-captors not vitiated by the fraud of actual captors.....

RECAPTURE AND RESCUE.-Defined and distinguished..

Previous concert, sufficient basis to entitle as joint-captor, if not abandoned at the

time of capture

To recapture-a duty..

To rescue-a meritorious act.

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Salvage not due to a national vessel on the recapture of another national vessel...

No hazard requisite as basis of right of salvage..

Every person aiding in a rescue has a lien for salvage

The doctrine of vessels in sight applicable to recaptures as basis of salvage claim

Not allowed to privateers in sight when the recapture is made by a national ship.

Revenue cutters entitled as private ships..

Freight earned contributes to salvage.

RANSOM.-Prohibited in Great Britain by statute..

Valid under law of nations when not prohibited by statute

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OF THE EFFECT OF WAR UPON THE COMMERCE OF NEUTRALS; AND HEREIN OF BLOCKADE;

OF CONTRABAND OF WAR; AND OF THE RIGHT OF VISITATION AND SEARCH.

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Rule the same as to the colonial and the coasting trade of belligerents..

Rule of exclusion does not operate, if it would deprive the neutral of his accustomed

The rule relaxed after, and by reason of the rise of the United States government..

The application of the rule, and the exceptions in particular cases...

Where direct trade is unlawful, cannot be pursued circuitously..

Penalty for violation of this rule...

The armed neutrality..

Doctrine of the United States on the subject of "free ships free goods".

BLOCKADE.-Its definition..

A belligerent right.

Requisites to its validity.

Actual and effective..

Knowledge of blockade...

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Question as to provisions...

Pre-emption substituted for confiscation as to provisions..

Destined use-important consideration in determining questions of contraband

Where innocent goods are mixed with contraband, confiscation attaches to all.

Hostile dispatches contraband, subjecting vessel to confiscation..

And cargo, if owned by the owner of the ship......

Confiscation of entire property, the ancient penalty for dealing in contraband-relaxa-

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The right as applicable to merchant vessels sailing under convoy..

Neutral states no power to release captures brought within their jurisdiction...

Treaties on this subject....

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OF THE PRIZE JURISDICTION OF COURTS OF ADMIRALTY, AND OF THE PRACTICE AND PRO-

CEEDINGS OF PRIZE COURTS.

Prize jurisdiction exclusively vested in admiralty courts..

In United States and Great Britain.

Exclusive in courts of the captor....

Jurisdiction may be exercised while the prize is in a neutral port

Decree of condemnation requisite to complete a transfer of the property.

Rules as to first duty of captors on securing possession of prize.

With prize-master and prize crew, unless captured crew consent to navigate.

Captors prohibited from converting cargo, or breaking bulk.....

Except in case of overruling necessity.

Duty of captors to send in the master and officers and some of the crew of the prize

Importance of this rule and the consequence of its violation.

Duty of prize-master to notify the admiralty immediately on arrival.

And to deliver up papers found on board the prize, with an affidavit that they are in

the condition in which they were found, and all that were found...

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