A Legal View of the Seizure of Messrs Mason and Slidell

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1861 - 27 páginas
 

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Página 6 - It is earnestly hoped that this protest may be sufficient to relieve this government from the necessity of any action on the unpleasant subject to which it relates. Secondly. The United States cannot for a moment allow the French government to rest under the delusive belief that they will be content to have the confederate States recognized as a belligerent power by States with which this nation is in amity. No concert of action among foreign States so recognizing the insurgents can reconcile the...
Página 10 - Rob. cient importance to that enemy that such persons should be sent out on the public service, at the public expense, it should afford equal ground of forfeiture against the vessel, that may be let out for a purpose so intimately connected with the hostile operations.
Página 21 - If, therefore, the United States had gone so far as formally to acknowledge the independence of Hungary, although, as the result has proved, it would have been a precipitate step, and one from which no benefit •would have resulted to either party, it would not, nevertheless, have been an act against the law of nations, provided they took no part in her contest with Austria.
Página 21 - ... it is not to be required of neutral powers that they should await the recognition of the new government by the parent state.
Página 18 - I have before said that persons discharging the functions of ambassadors are, in a peculiar manner, objects of the protection and favour of the law of nations. The limits that are assigned to the operations of -war against them by Vattel and other writers upon those subjects are, that you may exercise your right of war against them wherever the character of hostility exists. You may stop the ambassador of your enemy on his passage...
Página 16 - ... military stores, or materials, or any article or articles considered and deemed to be contraband of war according to the law or modern usage of nations, for the use or service of either of the said contending parties...
Página 20 - ... be adopted and observed, consistently with the rights and honor of the United States and the security of their citizens. That rule announces, therefore, what will hereafter be the principle maintained by their government In every regularly documented American merchant- vessel, the crew who navigate it will find their protection in the flag which is over them.
Página 5 - A vessel on the high seas beyond the distance of a marine league from the shore, is regarded as part of the territory of the nation to which she belongs, and subjected exclusively to the jurisdiction of that nation.
Página 10 - It appears to me on principle to be but reasonable that when it is of sufficient importance to the enemy that such persons shall be sent out on the public service at the public expense, it should afford equal ground of forfeiture against the vessel that may be let out for a purpose so intimately connected with the hostile operations.
Página 21 - Powers that they should await the recognition of the new Government by the parent State. No principle of public law has been more frequently acted upon, within the last thirty years, by the great Powers of the world than this. Within that period eight or ten new States have established independent Governments within the limits of the colonial dominions of Spain, on this continent ; and in Europe the same thing has been done by Belgium and Greece. The existence of all these Governments was recognised...

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