"The Right of Search and Its Limitation in Time of Peace": Lecture Delivered at the U.S. Naval War College, August 4, 1896U.S. Government Printing Office, 1896 - 27 pàgines |
Frases i termes més freqüents
African coast Alligator Ameri American flag American register American ship American vessels arms arrest pirates ascertain asserted authority belligerent right Britain British subjects capture was effected cargo Chilian claim to impress coast sea concession of search Corinto court martial crew cruised cruisers Cuba Cuban sympathizers damages declared defense detention duty editor of Wheaton engaged England English Admiralty Judges English theory ernment execution exercised the right fact Flora 11 foreign ship foreign vessels four leagues fraudulently high seas Hovering Act inquiry International Law Itata Jamaica justified law of nations lawfully Lord Stowell Marianna Flora men-of-war ment municipal mutual right naval navy neutral officer opinion ownership peace Pitt Cobbett publicists right of approach right of search right of visit rule search on suspicion seize seizure slave trade prevention Spain Spanish statutes Supreme Court surrender suspicion of piracy tion Twiss United violation Virginius visit and search waters WOOLSEY
Passatges populars
Pàgina 22 - And in all cases of seizure, detention, or arrest, for debts contracted or offences committed by any citizen or subject of the one party, within the jurisdiction of the other, the same shall be made and prosecuted by order and authority of law only, and according to the regular course of proceedings usual in such cases.
Pàgina 17 - ... there is no reason why they may not approach any vessels descried at sea, for the purpose of ascertaining their real characters. Such a right...
Pàgina 3 - That the right of visiting and searching merchant, ships upon the high seas, whatever be the ships, whatever be the cargoes, whatever be the destinations, is an incontestible right of the lawfully commissioned cruisers of a belligerent nation.
Pàgina 8 - International Law," 4th ed., p. 168, it is pointed out that beyond the generally accepted limits of territorial waters States may exercise a qualified jurisdiction for fiscal and defence purposes— that is, for the execution of their revenue...
Pàgina 12 - ... apprehends, however, that the right of search is not confined to the verification of the nationality of the vessel, but also extends to the object of the voyage and the nature of the cargo. The sole purpose of the British cruisers is to ascertain whether the vessels they meet with are really American or not. The right asserted has, in truth, no resemblance to the right of search either in principle or in practice. It is simply a right to satisfy the party who has a legitimate interest in knowing...
Pàgina 8 - State exercises in matters of trade for the protection of her maritime revenue, and in matters of health for the protection of the lives of her people, a permissive jurisdiction, the extent of which does not appear to be limited within any certain marked boundaries, further than that it cannot be exercised within the jurisdictional waters of any other State, and that it can only be exercised over her own vessels and over such foreign vessels as are bound to her...
Pàgina 27 - This, like all his discourses, was constructed on time-honoured and unvarying lines. Firstly : What was so-and-so ? Was it this ? — No. Was it that? — No. Was it something else altogether improbable? — Again, no. What, then, was it? Which led to the agreeable discovery that, after all, it was very much what the untutored mind would have pronounced it to be at first sight. Secondly : How was this doctrine illustrated by examples from Holy Writ? Examples from Holy Writ, numerous and more or less...
Pàgina 23 - When, therefore, she left the port of Kingston, in October last, under the flag of the United States, she would appear to have had, as against all powers except the United States, the right to fly that flag and to claim its protection, as enjoyed by all regularly documented vessels registered as part of our commercial marine.
Pàgina 17 - Such a right seems indispensable for the fair and discreet exercise of their authority; and the use of it cannot be justly deemed indicative of any design to insult or injure those they approach, or to impede them in their lawful commerce. On the other hand, it is as clear, that no ship is, under such circumstances, bound to lie by, or wait the approach of any other ship.
Pàgina 18 - To seize and detain a ship upon suspicion of piracy, with probable cause and in good faith, affords no just ground either for complaint on the part of the nation whose flag she bears or claim of indemnity on the part of the owner. The universal law sanctions and the common good requires the existence of such a rule. The right under such circumstances not only to visit and detain but to search a ship is a perfect right and involves neither responsibility nor indemnity.