International Law Documents...U.S. Government Printing Office, 1901 |
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Accessory Transit Company agent April April 23 arrival authorities belliger Bermuda bills of lading blockade blockaded port Blue Book bombardment Borland Captain capture cargo carried Charleston Chile circumstances citizens coal coast commander commerce condemnation Confederate confiscation consigned consul contraband contraband of war convoy cruisers Cuba Danish declared decree destination diplomatic enemy property enemy's Fabens fire flag fleet foreign Frazer French German Greytown harbor Havana high seas hostilities instructions insurgents intention international law Justice letter liable Lord Salisbury Majesty's Government Matamoras ment military persons minister Nassau naval forces naval officer Navy neutral port neutral ship neutral vessel opinion owners party passengers prevent prize court proclamation protection Punta Arenas purpose question rule sailed seized seizure Spain Spanish Spanish Government Springbok squadron steamer Stephen Hart Supreme Court taken tion town trade transportation transshipment treaty Trenholm United Valparaiso voyage Wheaton
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Página 135 - issued by him August 22, 1870, during the Franco-German war. declares, in the most precise terms: "While all persons may lawfully, and without restriction, by reason of the aforesaid state of war, manufacture and sell within the United States anus and munitions of war, and other articles ordinarily known as ' contraband of war.
Página 152 - Statutes at Large, 1004, 1007.) These rules, the first three of which embodied the substance of the second, third, and fourth rules of the Declaration of Paris, were as follows: "1. The neutral flag covers enemy's goods, with the exception of contraband of war. "2. Neutral goods, not contraband of war, are not liable to confiscation under the enemy's flag. "3. Blockades in order to be binding must
Página 87 - bound to a neutral port, appears to be in reality belligerent. It has been declared that even provisions which, although destined to the enemy's country, are not in general contraband, are to be deemed such " if destined for the army or navy of the enemy or for his ports of naval or 1 Hall, International Law, 4th ed.,
Página 85 - hostile destination, can be considered contraband of war only if they are supplies for the enemy's forces. It is not sufficient that they are capable of being so used; it must be shown that this was in fact their destination at the time of seizure.
Página 149 - of Congress of April 22, 1898, the President was "authorized, in his discretion and with such limitations and exceptions as shall seem to him expedient, to prohibit the export of coal or other material used in war the Maria Teresa and the
Página 166 - In the present century a slow and silent but very substantial mitigation has taken place in the practice of war; and in proportion as that mitigated practice ' has received the sanction of time, it is raised from the rank of mere usage and becomes part of the law of nations.'—Discourse
Página 163 - condition or even tacit understanding by which the vendor keeps an interest in the vessel or its profits, a control over it. a power of revocation, or a right to its restoration at the conclusion of the war." 1 The burden of proof, said the court, was on
Página 136 - was enumerated the carrying of "arms, ammunition, military stores or materials;" and declared that "all persons so offending, together with their ships and goods, will rightfully incur and be justly liable to hostile capture, and to the penalties denounced by the law of nations." 4 The governor of Curasao, acting under instructions of the minister of the colonies of the Netherlands, issued a
Página 165 - Shiras delivered a dissenting opinion, in which Mr. Justice Brewer concurred. and honestly pursuing their peaceful calling of catching and bringing in fresh fish, are exempt from capture as prize of war.'" In reaching this conclusion, however,
Página 69 - not doubt that the cargo was originally shipped with intent to violate the blockade; that the owners of the cargo intended that it should be transshipped at Nassau into some vessel more likely to succeed in reaching safely a blockaded port than the