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
J.W. Bell, 1862 - 29 pages
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13th July adjudged admiralty American appearance applicable armed assumed attempting authority belligerent blockade British called captured citizens civil claim closed colonies commander commerce condemned confiscation Congress consider Constitution criminal deal direct dismiss District effect enemy enforce England enter equity exist external fact force foreign power forfeited forfeiture giving going Gordon ground held hostility independent inhabitants insurrection insurrectionary intercourse issued judge judgment jurisdiction Justice king law of nations levying liable libellants lien Marriott material meaning measure municipal law Nassau necessary neutral officers operation ordinary Parliament penalty persons ports of entry power to declare precedent present President principle Prize Court Prize of war proceedings proclamation prohibited Prohibitory Act provisions question rebel rebellion recognized revolted rule says seized ship simply South Southern sovereign Spain suit supposed taken tion trading treason United vessel vested
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...