CorrespondenceThe Department, 1861 - 15 sivua |
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affect allowed American appears arrest assumed authorities belligerent Britain British flag British government British nation cabinet Captain Wilkes captured persons carried cause character circumstances claim Commander Williams concerning consequence consid consideration contraband persons countries course court crew decision demand despatch determine discussion disposed duty Earl Russell enemy England equally examination exercise existing explanations fact favor flag force forcibly four persons friendly grave ground honor important innocent instructions interest judicial remedy law of nations Lord Lord Lyons mails Majesty's government manner maritime Mason and Slidell Messrs mind minister namely necessary neutral November object occasion officer party passengers port powers Practically present principles proceed proceeding protection question reasons refused regard release respect result Royal Mail San Jacinto says seemed sending Seward showed steamer supposed taken taking Thouvenel tion Trent trust United vessel Washington
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Sivu 5 - Nor have I been tempted at all by suggestions that cases might be found in history where Great Britain refused to yield to other nations, and even to ourselves, claims like that which is now before us.
Sivu 1 - It is just here that the difficulties of the case begin. What is the manner which the law of nations prescribes for disposing of the contraband when you have found and seized it on board of the neutral vessel ? The answer would be easily found if the question were what you shall do with the contraband vessel.
Sivu 5 - ... a large portion of the distinctive policy by which the United States have developed the resources of a continent, and thus becoming a considerable maritime power, have won the respect and confidence of many nations.
Sivu 5 - In coming to my conclusion I have not forgotten that, if the safety of this Union required the detention of the captured persons, it would be the right and duty of this Government to detain them. But the effectual check and- waning proportions of the existing insurrection, as well as the comparative unimportance of the captured persons themselves, when dispassionately weighed, happily forbid me from resorting to that defence.
Sivu 5 - Can it be reasonable, then, or just, that a belligerent commander who is thus restricted and thus responsible in a case of mere property, of trivial amount, should be permitted, without recurring to any tribunal whatever, to examine the crew of a neutral vessel, to decide the important question of their respective allegiances and to carry that decision into execution by forcing every individual he may choose into a service abhorrent to his feelings, cutting him off from his most tender connections,...
Sivu 1 - ... you can prove it to be so by proving the suspected men to be contraband, and the court must then determine the vessel to be contraband.