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, Volum 48,Edició 3

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Pàgina 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.
Pàgina 10 - Hence the Law of Nations is established that the goods of an enemy on board the ship of a friend may be taken...
Pàgina 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.
Pàgina 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...
Pàgina 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...
Pàgina 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...
Pàgina 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.
Pàgina 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.
Pàgina 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.
Pàgina 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.

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