A Report of the Case of the Louis, Forest, Master: Appealed from the Vice-Admiralty Court at Sierra Leone and Determined in the High Court of Admiralty, on the 15th of December 1817 : with an Appendix |
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A Report of the Case of the Louis, Forest, Master: Appealed From the Vice ... John Dodson No preview available - 2023 |
Common terms and phrases
abolition act of Parliament afferted affumed againſt the laws anſwer APPENDIX ariſe authority becauſe Britain Britiſh cafe capture cauſe circumſtances claim colonies commiffion confequence confideration confifcation Congreſs contended courſe declaration Decree defire Duke of Wellington engaged eſtabliſh exerciſe exift exiſtence faid fame feas feize fhall fhould fince firſt fome foreign fhips French fhip French fubjects French law ftating ftipulated fubmitted fuch fufficient fupport Government himſelf iffued interefts itſelf juriſdiction juſtice Law of Nations laws of France leaſt Lord Caftlereagh Majefty Martinique meaſures Mefurada moft moſt muft muſt neceffary neceffity obferved offence Oleron paffed Paris party peace perfons piracy poffible preſent Prince Talleyrand principles proceedings profecution prohibited purpoſe queſtion reaſon refifted reſpect right of fearch right of viſitation ſaid ſhall ſhe ſhip Sierra Leone Slave Slave-trade ſtate ſuch themſelves theſe thofe thoſe tion traffic Traité tranfaction treaty Ufurper univerfal veffel Vice-Admiralty Court vifitation and fearch
Popular passages
Page 41 - It must conform to the judgment of the law upon that subject; and acting as a court in the administration of law, it cannot attribute criminality to an act where the law imputes none. It must look to the legal standard of morality; and upon a question of this nature, that standard must be found in the law of nations as fixed and evidenced by general and ancient and admitted practice, by treaties and by the general tenor of the laws and ordinances, and the formal transactions of civilized states;...
Page 34 - Relative magnitude creates no distinction of right; relative imbecility, whether permanent or casual, gives no additional right to the more powerful neighbor; and any advantage seized upon that ground is mere usurpation. This is the great foundation of public law, which it mainly concerns the peace of mankind, both in their politic and private capacities, to preserve inviolate.
Page 30 - ... neither this British act of parliament, nor any commission founded on it, can affect any right or interest of foreigners, unless they are founded upon principles and impose regulations that are consistent with the law of nations. That is the only law which Great Britain can apply to them ; and the generality of any terms employed in an act of parliament must be narrowed in construction by a religious adherence thereto.
Page 2 - ... of carrying on the African slave-trade, after that trade had been abolished by the internal laws of France, and by the treaty between Great Britain and France. 4th, That the vessel had bargained for twelve slaves at Mesurada, and was prevented by the capture alone from taking them on board. 5th, That the brig being engaged in the slave-trade, contrary to the laws of France, and the law of nations, was liable to condemnation, and could derive no protection from the French or any other flag. 6th,...
Page 52 - Now, what are the effects of this treaty? According to the view I take of it, they are two, and two only; one declaratory of a fact, the other promissory of future measures. It is to be observed that the treaty itself does not abolish the...
Page 42 - ... were, no such respect could be allowed to it, upon an exemption of its own making ; for no nation can privilege itself to commit a crime against the law of nations by a mere municipal regulation of its own. And if our understanding and administration of the law of nations be, that every nation, independently of treaties, retains a legal right to carry on this traffic, and that the trade carried on under that authority is to be respected by all tribunals, foreign as well as domestic, it is not...
Page 42 - Formal declarations have been made, and laws enacted, in reprobation of this practice; and pains, ably and zealously conducted, have been taken to induce other countries to follow the example, but at present with insufficient effect; for there are nations which adhere to the practice under all the encouragement which their own laws can give it. What is the doctrine of our courts, of the law of nations...