The Controversy Over Neutral Rights Between the United States and France, 1797-1800: A Collection of American State Papers and Judicial DecisionsOxford University Press, 1917 - 510 Seiten |
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act of Congress aforesaid Amelia American vessels appear authority belligerent belonging blockade bound Cape François Captain Murray capture circuit court citizens claimants claims commander commerce condemnation confiscation consuls contraband court martial crew damages Danish declared decree defense dependencies thereof enemy existing fact force foreign France French Government French port French privateer French Republic French vessel further enacted Guadeloupe high seas hostilities ibid illegal indemnity instructions intercourse island Jay treaty JOHN ADAMS July jurisdiction justice law of nations laws of France letter of marque liable libellant Martinique master ment minister negotiation neutral vessels non-intercourse act officers opinion owners parties peace port or place President principle prize prize courts provisions recapture regulations restored rôle d'équipage sailing salvage schooner seized seizure seront Shattuck ship or vessel spoliations statute tion treaties of 1778 treaty of 1800 tribunals United valid vessel and cargo violation voyage
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Seite 459 - ... 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.
Seite 158 - It is in the general true that the province of an appellate court is only to enquire whether a judgment when rendered was erroneous or not. But if subsequent to the judgment and before the decision of the appellate court, a law intervenes and positively changes the rule which governs, the law must be obeyed, or its obligation denied.
Seite 215 - States, and the decision is in favor of such their validity, or where is drawn in question the construction of any clause of the Constitution, or of a treaty or statute of, or commission held under the United States, and the decision is against the title, right, privilege, or exemption specially set up or claimed by either party, under such clause of the said Constitution, treaty, statute, or commission...
Seite 499 - Contracting parties, although the whole lading or any part thereof should appertain to the enemies of either, Contraband goods being always excepted. It is also agreed in like manner that the same liberty be extended to persons who are on board a free ship, with this effect that although they be enemies to both or either party, they are not to be taken out of that free Ship, unless they are officers or soldiers and in the actual service of the enemies...
Seite 488 - February 1778, the treaty of amity and commerce of the same date, and the convention of 14th of November 1788, nor upon the indemnities mutually due or claimed; the parties will negotiate further on these subjects at a convenient time...
Seite 248 - Such attempts ought to be repelled with a decision which shall convince France and the world that we are not a degraded people, humiliated under a colonial spirit of fear and sense of inferiority, fitted to be the miserable instruments of foreign influence, and regardless of national honor, character, and interest.
Seite 506 - And whenever such tribunal of either party shall pronounce judgment against any Vessel or goods or property claimed by the Citizens of the other party, the sentence or decree shall mention the reasons or motives, on which the same shall have been founded and an authenticated copy of the sentence or decree and of all the proceedings in the case shall, if demanded, be delivered to the Commander or Agent of Said Vessel, without any delay, he paying the legal fees for the same ARTICLE TWENTY SECOND.
Seite 239 - Whereas it appears that a state of war exists between Austria, Prussia, Sardinia, Great Britain, and the United Netherlands, of the one part, and France on the other, and the duty and interest of the United States require, that they should with sincerity and good faith adopt and pursue a conduct friendly and impartial toward the belligerent powers...
Seite 273 - ... provided that by this retrenchment the two States renounce the respective pretensions which are the object of the said article.
Seite 497 - ... she shall again attempt to enter, but she shall be permitted to go to any other port or place she shall think proper.