The Duke of Newcastle's Letter: By His Majesty's Order, to Monsieur Michell, the King of Prussia's Secretary of the Embassy, in Answer to the Memorial, and Other Papers, Deliver'd by Monsieur Michell, to the Duke of Newcastle, on the 23d of November, and 13th of December Last, Volume 48,Nummer 3Edward Owen, 1753 - 46 pagina's |
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Veelvoorkomende woorden en zinsdelen
23d of November Affidavit alledged Anfwer appear becauſe Board the Ship Cafes Captures at Sea Cargo Ceffion CHESTERFIELD Circumftances Commerce at Ryfwick condemned Confequence Confideration Contraband Court of Admiralty Court of Juftice Debt defire diſcharged Duke of Newcastle elſewhere Enemy Enemy's Property England and Holland eſtabliſhed Expofition des Motifs faid Expofition faid Memorial faid Month falfe feized fhall fhould Florins 10 Stivers fome France fubfifting fubmitted fuch greateſt himſelf Inftance judged Juftice King of Pruffia late Emperor Law of Nations leaſt Lord Carteret Mafter Majefty's Michell miralty Monf Monfieur Andrié moſt muſt Neutral Powers Obfervations Occafion particular Treaties Perſon preſent Prize Proceedings Propofition Pruffian Commiffioners Pruffian Majefty Pruffian Property Pruffian Subjects Pruſſian Purpoſe qu'il Queſtion Reaſon Redreſs refpect Reftitution reftored by Sentence Reprizals reſtored Roy votre Maitre Rule ſaid Sect ſhall ſhould Silefia taken thefe themſelves theſe thoſe Treaty between England Treaty of Utrecht underſtood Utrecht
Populaire passages
Pagina 12 - ... damages, must, in the first instance, come merely from the ship taken, viz. the papers on board and the examination on oath of the master and other principal officers ; for which purpose there are officers of Admiralty in all the considerable seaports of every maritime power at war, to examine the captains and other principal officers of every ship brought in as prize, upon general and impartial interrogatories.
Pagina 10 - Hence the Law of Nations is established that the goods of an enemy on board the ship of a friend may be taken...
Pagina 38 - It will not be easy to find an instance where a prince has thought fit to make reprisals upon a debt due from himself to private men. There is a confidence that this will not be done.
Pagina 11 - By the maritime law of nations universally and immemorially received, there is an established method of determination, whether the capture be, or be not, lawful prize. 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. The proper and regular Court for these condemnations is the Court of that state to whom the...
Pagina 11 - The evidence to acquit or condemn, with or without costs or damages, must, in the first instance, come merely from the ship taken, viz. the papers on board and the examination on oath of the master and other principal officers...
Pagina 13 - If he will not show the property, by sufficient affidavits, to be neutral, it is presumed to belong to the enemy. Where the property appears from evidence not on board the ship, the...
Pagina 16 - ... other, upon the high seas. Whatever is the property of the enemy, may be acquired by capture at sea; but the property of a friend cannot be taken, provided he observes his neutrality.
Pagina 15 - This manner of trial and adjudication is supported, alluded to, and enforced, by many treaties. " In this method, all captures at sea were tried, during the last war, by Great Britain, France, and Spain, and submitted to by the neutral Powers ; in this method, by courts of admiralty acting according to the law of nations, and particular treaties, all captures at sea have immemorially been judged of in every country of Europe. Any other method of trial would be manifestly unjust, absurd, and impracticable.
Pagina 14 - ... court judges by the same rule which governs the Court of Admiralty, viz. the law of nations, and the treaties subsisting with that neutral power whose subject is a party before them.
Pagina 16 - Particular treaties, too, have inverted the rule of the law of nations, and by agreement declared the goods of a friend on board the ship of an enemv to be prize, and the goods of an enemy on board the ship of a friend to be free, as appears from the treaties already mentioned, and many others.* So, likewise, by particular treaties, some goods reputed contraband by the law of nations are declared to be free.