The American Law Journal and Miscellaneous Repertory, Volume 1
W. P. Farrand and Company, 1808 - Law
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action admiralty admitted American amount answer appear applied attorney authority body bound brought called captain cargo carried cause CHAPTER circumstances claim common condemnation congress consideration considered constitution contract court creditors debt debtor decided decision decree defendant determined direct duties effect England enter entitled established evidence examination execution exercise express fact force foreign French give given ground important intention interest issue John judge judgment jurisdiction jury justice land letter libel limitation Lord loss manner March means nature necessary neutral never notice object observed officer opinion party passed person plaintiff port possession present president principle prisoner prize proceedings proved purchaser question reason received relation require respect rule sentence ship taken thing tion United vessel voyage whole witness writ
Page 264 - United States, in Congress assembled, can be consulted; nor shall any State grant commissions to any ships or vessels of war, nor letters of marque or reprisal, except it be after a declaration of war by the United States in Congress assembled...
Page 259 - States shall be divided or appropriated ; of granting letters of marque and reprisal in times of peace, appointing courts for the trial of piracies and felonies committed on the high seas, and establishing courts for receiving and determining finally appeals in all cases of captures, provided that no member of Congress shall be appointed a judge of any of the said courts.
Page 298 - ... to trade with the same Liberty, and Security, from the Places, Ports, and Havens of those who are Enemies of both or either Party, without any opposition or Disturbance whatsoever, not only directly from the Places of the Enemy aforementioned to neutral Places; but also from one Place belonging to an Enemy, to another Place belonging to an Enemy, whether they be under the Jurisdiction of the same Prince or under Several...
Page 259 - States shall be restrained from imposing such imposts and duties on foreigners, as their own people are subjected to, or from prohibiting the exportation or importation of any species of goods or commodities whatsoever — of establishing rules for deciding in all cases, what captures on land or water shall be legal, and in what manner prizes taken by land or naval forces in the service of the United States shall be divided or appropriated...
Page 264 - No vessels of war shall be kept up in time of peace by any State, except such number only, as shall be deemed necessary by the United States in Congress assembled, for the defence of such State, or its trade ; nor shall any body of forces be kept up by any State, in time of peace, except such number only, as in the judgment of the United States, in Congress assembled, shall be deemed requisite to garrison the forts necessary for the defence of such State...
Page 138 - And whereas it frequently happens that vessels sail for a port or place belonging to an enemy without knowing that the same is either besieged, blockaded, or invested, it is agreed that every vessel so circumstanced may be turned away from such port or place ; but she shall not be detained, nor her cargo, if not contraband, be confiscated, unless after notice she shall again attempt to enter, but she shall be permitted to go to any other port or place she may think proper...
Page 204 - Merchandises until the same be there discharged and safely landed ; and it shall be lawful for the said Ship, &c., in this Voyage to proceed and sail to and touch and stay at any Ports or Places whatsoever without Prejudice to this Insurance.
Page 268 - 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.