American Neutrality1865 - 11 страници |
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Adams allies American Executive American Government armed ships Artigan flag Artigas Banda belligerent rights BEQUEST OF EVERT bitterness and distrust blockade BOOK DUE capture CHEVALIER CORREA claims to compensation commerce commit complaints concede consequently contended Correa de Serra correspondence courts of justice cruise cruisers depredations despatch destitute of ships doctrine duty effectually enforce English equipped ernment EVERT JANSEN WENDELL evil extend Federal fight by sea friendly full peace harbors HARVARD COLLEGE LIBRARY HISTORICUS honest honor insulted insurgent JOHN Q jurisdiction law enacted law of nations Lincoln maritime belligerent maritime Powers means ment nation allows nature naval belligerent neutral Government neutral Powers obligations piracy pirates plundered politicians port of Baltimore ports and harbours Portugal Portuguese Minister Portuguese ships Portuguese subjects power of navigating present pretended Artigan principle privateers prizes proposition quitous remedy Republic Russia Seward South America Sovereign Spain Swiss territory tion Union United unlawfulness wisdom
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Страница 9 - The Government of the United States having used all the means in its power to prevent the fitting out and arming of vessels in their ports to cruise against any nation, with whom they are at peace, and having faithfully carried into execution the laws enacted to preserve inviolate the neutral and pacific obligations of this Union, cannot consider itself bound to indemnify individual foreigners for losses by captures, over which the United States have neither control nor jurisdiction. For such events...
Страница 9 - ... and trial of the persons supposed to have committed the depredations and outrages alleged in them. Should the parties come within the jurisdiction of the United States, there are Courts of Admiralty competent to ascertain the facts upon litigation between them, to punish the outrages which may be duly...
Страница 5 - Indiamen, which have been taken by these people during the period of full peace. This is not the whole loss we have sustained, this list comprehending only those captures of which I have received official complaints. The victims have been many more, besides violations of territory by landing and plundering ashore with shocking circumstances. One city alone on this coast...
Страница 3 - It is possible that if it were a new and open question the maritime powers, with the lights they now enjoy, would not concede the privileges of a naval belligerent to the insurgents of the United States, destitute, as they are, and always have been, equally of ships of war and of ports and harbors.
Страница 9 - For such events no nation can in principle, nor does in practice, hold itself responsible. A decisive reason for this, if there were no other, is the inability to provide a tribunal before which the facts can be proved. " 'The documents to which you refer must of course be ex parte statements, which in Portugal or in Brazil, as well as in this country, could only serve as a foundation for actions in damages, or for the prosecution and trial of the persons supposed to have committed the depredations...
Страница 6 - I can, in the capacity of Minister of my Sovereign, certify you solemnly, and officially too if necessary, that Artigas and his followers have been expelled far from the countries that could afford them the least means and power of navigating, and consequently have no right to fight by sea. What become, then, of the rights of privateers under this flag...
Страница 9 - The documents to which you refer must of course be ex parte statements, which in Portugal or in Brazil as well as in this country, could only serve as a foundation for actions in damages, or for the prosecution and trial of the persons supposed to have committed the depredations and outrages alleged in them. Should the parties come within the jurisdiction of the United States, there are Courts of Admiralty competent to ascertain the facts upon litigation between them, to punish the...
Страница 5 - I have the honor of submitting the following facts and considerations : During more than two years I have been obliged by my duty to oppose the systematic and organized depredations daily committed on the property of Portuguese subjects by people living in the United States and with ships fitted in ports of the l.'niun, to the ruin of the commerce of Portugal.
Страница 5 - I do justice to, and am grateful for, the proceedings of the Executive in order to put a stop to these depredations, but the evil is rather increasing. I can present to you, if required, a list of fifty Portuguese ships almost all richly laden, some of them East Indiamen, which have been taken by these people during the period of full peace. This is not the whole loss we have sustained, this list comprehending only those captures of which I have received official complaints.
Страница 7 - The law enacted the 3rd of this month, supporting the supreme Executive in the employment of the national forces to suppress piracy, such as it is defined by the law of nations, comprehends this branch of it. But my mentioning this law is only incidental. I rely much more on the expedients that the justice and wisdom of the Executive may inspire to him, than in anything tha.t may occur to my mind. If the Artigan flag is once declared illegal, and the prizes made under it acts of piracy, all occasions...