Reports of Cases Adjudged in the District Court of South Carolina. [1792-1809]
United States. District Court. South Carolina, Thomas Bee, United States. District Court (Massachusetts)
William P. Farrand and Company Fry and Krammerer, printers, 1810 - Admiralty - 495 pages
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according actor admiralty admitted American amount answer appears apply armed arrived authority belonging bill bound brig British brought captain capture cargo carried cause charge Charleston circumstances citizens claim claimant commission committed common condemnation congress consequence consideration considered consul contended contract costs court crew damages decided decision decree determined discharge dismissed dollars entitled evidence executive express foreign France French further give given ground hands high seas hypothecation island judge jurisdiction land letter libel mariner master mate means month necessary neutral offence officers opinion original owners paid parties persons plea port possession present principle privateer prize proceed proceedings produced proved provisions question reason received respecting sailed salvage says schooner seamen sentence ship sold sufficient suit taken tion treaty United vessel voyage wages whole
Page 17 - Courts, as the case may be, of all causes where an alien sues for a tort only, in violation of the law of nations or a treaty of the United States...
Page 275 - But the extension of the judicial power of the United States to all cases of admiralty "and maritime jurisdiction must necessarily be understood with some limitation.
Page 324 - ... which it has determined. In some cases, that jurisdiction unquestionably depends as well on the state of the thing as on the constitution of the court. If by any means whatever a prize court should be induced to condemn, as prize of war, a vessel which was never captured, it...
Page 18 - That the district courts shall take cognizance of complaints, by whomsoever instituted, in cases of captures made within the waters of the United States, or within a marine league of the coasts or shores thereof.
Page 265 - ... whom they consulted, as much against the laws of the land as to murder or rob, or combine to murder or rob, its own citizens ; and as much to require punishment, if done within their limits, where they have a territorial jurisdiction, or on the high seas, where they have a personal jurisdiction, that is to say, one which reaches their own citizens only, this being an appropriate part of each nation on an element where all have a common jurisdiction.
Page 300 - By the maritime law of nations universally and immemorially received, there is an established method of determination, whether the capture be, or be not, lawful prize. Before the ship or goods can be disposed of by the captor there must be a regular judicial proceeding wherein both parties may be heard, and condemnation thereupon as prize in a Court of Admiralty, judging by the law of nations and treaties.
Page 282 - The President is the sole organ of the nation in its external relations, and its sole representative with foreign nations.
Page 282 - The treaty, which is a law, enjoins the performance of a particular object. The person who is to perform this object is marked out by the constitution, since the person is named who conducts the foreign intercourse, and is to take care that the laws be faithfully executed. The means by which it is to be performed, the force of the nation, are in the hands of this person. Ought not this person to perform the object, although the particular mode of using the means has not been prescribed ? Congress...