Prize Jurisdiction: Argument of Isaiah T. Williams, Esq. Before His Honor, Judge Betts, Upon the Question of the Jurisdiction of the Prize Court, in the Case of a Vessel Captured for a Breach of the Blockade |
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Page 1
... Lien upon this Vessel for repairs done thereto , at the request of the Captain thereof , in the month of July , 1860 , at Wilmington , in the State of Delaware . The libel sets forth that the Vessel , while upon a voyage upon the high ...
... Lien upon this Vessel for repairs done thereto , at the request of the Captain thereof , in the month of July , 1860 , at Wilmington , in the State of Delaware . The libel sets forth that the Vessel , while upon a voyage upon the high ...
Page 2
... lien given by the general maritime law , as their security therefor . On her arrival in this Port the libellants filed their libel upon which process was issued out of this Court to the Marshal of this District , commanding him , in the ...
... lien given by the general maritime law , as their security therefor . On her arrival in this Port the libellants filed their libel upon which process was issued out of this Court to the Marshal of this District , commanding him , in the ...
Page 3
... liens . If the " Nassau " be a Prize of war , in the strict and recognized interpretation of the term , I admit that ... lien is given by municipal law . The law of nations has no such word in its vocabulary . A Prize Court , sit- ting ...
... liens . If the " Nassau " be a Prize of war , in the strict and recognized interpretation of the term , I admit that ... lien is given by municipal law . The law of nations has no such word in its vocabulary . A Prize Court , sit- ting ...
Page 10
... lien we claim . It may be contended that the Prize act of March last confers on the Prize Court an inferential jurisdiction to deal with such a case . I have read that act with attention , and I have no hesitation in say- ing that it ...
... lien we claim . It may be contended that the Prize act of March last confers on the Prize Court an inferential jurisdiction to deal with such a case . I have read that act with attention , and I have no hesitation in say- ing that it ...
Page 12
... liens , and especially to the liens of material men . The case of the St. Iago de Cuba , ( 9 Wheat . , 409 , ) is a very ... lien on a vessel which had been taken and sold under a judgment in favor of the United States , were entitled 12.
... liens , and especially to the liens of material men . The case of the St. Iago de Cuba , ( 9 Wheat . , 409 , ) is a very ... lien on a vessel which had been taken and sold under a judgment in favor of the United States , were entitled 12.
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Common terms and phrases
13th July 19th April act of 13th act of Parliament adjudged aid and comfort American attempting to enter authority of Congress bill of attainder blockade British civil claim close the ports cognizance Confederate confiscation Constitution conviction for treason Court of Admiralty criminal law dismiss District Court enforce equity exist feiture foreign power forfeited Gordon government and Congress Hay and Marriott held hostility inhabitants Instance Court insurrection insurrectionary international law jure belli Justice king King's law of nations lawfully levying libellants lien loyal citizens maritime lien measure municipal law neutral open enemy penalty ports of entry power to declare President Prize act Prize Court Prize of war prohibited Prohibitory Act property of rebels provisions question rebel property rebel ship rebellion rebellious recognized revenue seized ships and property Sir George Hay Sir James Marriott Sir William Scott sovereign Spain suit supposed ternational tion trading United vessel vested Wilmington word prize
Popular passages
Page 17 - House dissenting) had declared that " by the act of the Republic of Mexico a state of war exists between that Government and the United States...
Page 8 - President: and if, while said ports are so closed, any ship or vessel from beyond the United States, or having on board any articles subject to duties, shall attempt to enter any such port, the same, together with its tackle, apparel, furniture, and cargo shall be forfeited to the United States.
Page 8 - States; and that from and after fifteen days from the issuing of this proclamation all ships and vessels belonging in whole or in part to any citizen or inhabitant of any of said States, with said exceptions, found at sea or in any port of the United States will be forfeited to the United States...
Page 17 - These measures, whether strictly legal or not, were ventured upon, under what appeared to be a popular demand, and a public necessity; trusting then, as now, that Congress would readily ratify them.
Page 28 - Also to the ninth and tenth sections of an act entitled "An act to suppress insurrection, to punish treason and rebellion, to seize and confiscate the property of rebels, and for other purposes," approved July 17, 1862, and which sections are in the words and figures following: "SEC.
Page 16 - Now, therefore, I, Abraham Lincoln, President of the United States, with a view to the same purposes before mentioned, and to the protection of the public peace, and the lives and property of quiet and orderly citizens pursuing their lawful occupations, until Congress shall have assembled...
Page 3 - THE law of nations is a system of rules, deducible by natural reason, and established by universal consent among the civilized inhabitants of the world * ; in order to decide all disputes, to regulate all ceremonies and civilities, and to insure the observance of justice and good faith, in that intercourse which must frequently occur between two or more independent states, and the individuals belonging to each.
Page 8 - ... that the inhabitants of such State, or any section or part thereof, where such insurrection exists, are in a state of insurrection against the United States, and thereupon all commercial intercourse, by and between the same and the citizens thereof, and the citizens of the rest of the United States, shall cease and be unlawful, so long as such condition of hostility shall continue...
Page 11 - Place, shall become forfeited to His Majesty, as if the same were the Ships and Effects of open Enemies, and shall be so adjudged deemed and taken in all Courts of Admiralty, and in all other Courts whatsoever.
Page 8 - President to be in insurrection into other parts of the United States, or of any vessel or vehicle conveying such property, or conveying persons to or from such State or section, or of any vessel belonging, in whole or in part, to any inhabitant of such State or section, may be prosecuted in any district into which the property so seized may be taken and proceedings instituted...