An Inquiry Into the Right of Visit Or Approach, by Ships of WarJ. Miller, 1858 - 31 páginas |
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An Inquiry Into the Right of Visit Or Approach: By Ships of War (Classic ... James Whitman Sin vista previa disponible - 2017 |
An Inquiry Into the Right of Visit Or Approach: By Ships of War (Classic ... James Whitman Sin vista previa disponible - 2015 |
Términos y frases comunes
436 BROADWAY African slave trade Amedie American colors American flag American minister American Secretary ascer ascertain asserted belligerent right blockade brigantine Britain British cruisers British government Cass claim coast of Africa coast of Cuba Commodore Rogers conceded condemned Diana dispatch doctrine Dodson's Adm engaged England exercise Fortuna France gunboat Jasper illegal instructions International Law island of Cuba JAMES MILLER JAMES WHITMAN Key West law of nations learned Judge letter Lieut Lord Aberdeen Lord Malmsbury Lord Napier Lord Stowell Louis Majesty's merchant vessels municipal law national character Navy ocean officer Orleans papers peace pirates principles prize reason right of search right of visit sailing ship at sea Sir Stratford Sir William Grant Sir William Scott slave mart slave trade piracy slaves on board sovereign and permanent Spain Spanish government steamer Styx sume suppose suppression suspicion tain tion traffic treaty stipulations United Visit or Approach visitation and search Wheaton York
Pasajes populares
Página 20 - ... there is no reason why they may not approach any vessels descried at sea, for the purpose of ascertaining their real characters. Such a right seems | indispensable for p. 44 the fair and discreet exercise of their authority ; and the use of it cannot be justly deemed indicative of any design to insult or injure those they approach, or to impede them in their lawful commerce. On the other hand, it is...
Página 24 - Europe ; in short, to procure an eminent good by means that are unlawful ; is as little consonant to private morality as to public justice.
Página 12 - The undersigned again renounces, as he has already done in the most explicit terms, any right on the part of the British government to search American vessels in time of peace. The right of search, except when specially conceded by treaty, is a pure belligerent right, and can have no existence on the high seas during peace.
Página 13 - But it is known that slave-traders carry false papers, and different sets of papers. A search for other papers then must be made, where suspicion justifies it, or else the whole proceeding would be nugatory. In suspicious cases, the language and general appearance of the crew are among the means of ascertaining the national character of the vessel.
Página 12 - ... apprehends, however, that the right of search is not confined to the verification of the nationality of the vessel, but also extends to the object of the voyage and the nature of the cargo. The sole purpose of the British cruisers is to ascertain whether the vessels they meet with are really American or not. The right asserted has, in truth, no resemblance to the right of search either in principle or in practice. It is simply a right to satisfy the party who has a legitimate interest in knowing...
Página 23 - The right of visitation being in this present case exercised in time of peace, the question arises, how is it to be legalized? And looking to what I have described as the known existing law of nations evidenced by all authority and all practice, it must be upon the ground that the captured vessel is to be taken legally as a pirate, or else some new ground is to be assumed on which this right which has been distinctly admitted not to exist generally in time of peace can be supported.
Página 26 - ... principles of justice and humanity, and refuse restitution of the property ; " but, on the other hand, though they consider the trade to be generally contrary to the " principles of justice and humanity, where not tolerated by the laws of the country, they " will respect the property of persons engaged in it under the sanction of the laws of their " own country. The Lords of Appeal did not mean to set themselves up as legislators for " the whole world, or presume in any manner to interfere with...
Página 20 - Beyond this, no exclusive right has ever yet been recognized, and we see no reason for admitting its existence. Merchant ships are in the constant habit of approaching each other on the ocean, either to relieve their own distress, to procure information, or to ascertain the character of strangers ; and, hitherto, there has never been supposed in such conduct any breach of the customary observances, or of the strictest principles of the law of nations. In respect to ships of war sailing, as in the...
Página 6 - These exertions, it is suggested, should be directed to the coast of Africa, in order to render the blockade more effectual, and especially to examine and deal with vessels bearing the American flag and suspected of being engaged in this trade. This system of a joint blockade has been pursued for some years, and the benefit it has produced bears no reasonable proportion, I regret to say, to the expenditure of life and treasure it has cost But this failure need not discourage the anxious hopes of...
Página 27 - The parties mutually stipulate that each shall prepare, equip, and maintain in service on the coast of Africa a sufficient and adequate squadron or naval force of vessels of suitable numbers and descriptions, to carry in all not less than...