Reports of Cases Adjudged in the District Court of South Carolina. [1792-1809]

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William P. Farrand and Company Fry and Krammerer, printers, 1810 - Admiralty - 495 pages


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Page 258 - The President is the sole organ of the nation in its external relations, and its sole representative with foreign nations.
Page 15 - 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 251 - 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 16 - 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 254 - ... and also to the consuls of the nations interested ; and to recommend to them to appoint by mutual consent arbiters to decide whether the capture was made within the jurisdiction of the United States, as stated in my letter of the 8th inst., according to whose award the governor may proceed to deliver the vessel to the one or the other party.
Page 276 - 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 300 - it would seem that the operation of every judgment must depend on the power of the court to render that judgment, or in other words, on its jurisdiction over the subject-matter which it has determined.
Page 243 - The well considered opinion, then, of the American government, on this subject, is that the jurisdiction of a nation at sea is "personal," reaching its " own citizens only ; " and that this is the " appropriate part of each nation

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