The Controversy Over Neutral Rights Between the United States And France, 1797-1800; a Collection of American State Papers And Judicial Decisions
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Bell, 8 T. R. 444, shows that such ordinances may justify the condemnation. The case of Bernardi v.
Motteux, 2 Doug. 575, shows that the French courts actually do> pro- ceed to condemnation upon them, as in the case of throwing over papers, etc. So, in the case of Mayne v. Walter, Park on Insurance, 414 (363), the condemnation was because the vessel had an English supercargo on board.
By the ordinances of France, Code des Prises, vol. 1, p. 306, § 9, "all foreign vessels shall be good prize in ...which there shall be a super- cargo, commissary or chief officer of an enemy's country ; or the crew of which shall be composed of one-third sailors of an enemy's state; or which shall not have on board the roles d'equipage certified by the public officers of the neutral places from whence the vessels shall have sailed." And by another ordinance, 1 Code des Prises, 303, § 178 JUDGMENTS OF THE SUPREME COURT 6, "No regard is to be paid to the passports granted by neutral or allied powers, to the owners or masters of vessels, subjects of the enemy, if they have not been naturalized, or if they shall have not transferred their domicil to the states of the said powers, three months before the 1st of September, in the present year; nor shall the said owners or masters of vessels, subjects of the enemy, who shall have obtained such letters of naturalization, enjoy their effect, if, after they shall have obtained them, they shall return to the states of the enemy, for the purpose of their continuing their commerce ;" and by the next article, "vessels, enemy built, or which shall have been owned by an enemy, shall not be reputed neutral or allied, if there are not found on board authentic documents, executed before public officers, who can certify their date, and prove that the sale or transfer thereof had been made to some of the subjects of an allied or neutral power, before the commencement of hostilities; and if the said deed or transfer of the property of an enemy to the subject of the neutral or ally, shall not have been duly enregistered before the principal officer of the place of departure, and signed by the owner, or the person by him authorized." In violation of these ordinances, the chief officer, Captain Wright, was a Scot, an enemy to France: for although he had a burgher's brief, yet it did not appear, that he had resided three months before he obtained it ; and we have before seen, that a previous residence was not necessary, by the laws of Denmark, to entitle him to a burgher's brief, for the purpose of being master of a vessel.
What to read after The Controversy Over Neutral Rights Between the United States And France, 1797-1800; a Collection of American State Papers And Judicial Decisions?
You can find similar books in the "Read Also" column, or choose other free books by Carnegie Endowment for International Peace. Division of International Law to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
Bell, 8 T. R. 444, shows that such ordinances may justify the condemnation. The case of Bernardi v.
Motteux, 2 Doug. 575, shows that the French courts actually do> pro- ceed to condemnation upon them, as in the case of throwing over papers, etc. So, in the case of Mayne v. Walter, Park on Insurance, 414 (363), the condemnation was because the vessel had an English supercargo on board.
By the ordinances of France, Code des Prises, vol. 1, p. 306, § 9, "all foreign vessels shall be good prize in ...which there shall be a super- cargo, commissary or chief officer of an enemy's country ; or the crew of which shall be composed of one-third sailors of an enemy's state; or which shall not have on board the roles d'equipage certified by the public officers of the neutral places from whence the vessels shall have sailed." And by another ordinance, 1 Code des Prises, 303, § 178 JUDGMENTS OF THE SUPREME COURT 6, "No regard is to be paid to the passports granted by neutral or allied powers, to the owners or masters of vessels, subjects of the enemy, if they have not been naturalized, or if they shall have not transferred their domicil to the states of the said powers, three months before the 1st of September, in the present year; nor shall the said owners or masters of vessels, subjects of the enemy, who shall have obtained such letters of naturalization, enjoy their effect, if, after they shall have obtained them, they shall return to the states of the enemy, for the purpose of their continuing their commerce ;" and by the next article, "vessels, enemy built, or which shall have been owned by an enemy, shall not be reputed neutral or allied, if there are not found on board authentic documents, executed before public officers, who can certify their date, and prove that the sale or transfer thereof had been made to some of the subjects of an allied or neutral power, before the commencement of hostilities; and if the said deed or transfer of the property of an enemy to the subject of the neutral or ally, shall not have been duly enregistered before the principal officer of the place of departure, and signed by the owner, or the person by him authorized." In violation of these ordinances, the chief officer, Captain Wright, was a Scot, an enemy to France: for although he had a burgher's brief, yet it did not appear, that he had resided three months before he obtained it ; and we have before seen, that a previous residence was not necessary, by the laws of Denmark, to entitle him to a burgher's brief, for the purpose of being master of a vessel.
What to read after The Controversy Over Neutral Rights Between the United States And France, 1797-1800; a Collection of American State Papers And Judicial Decisions?
You can find similar books in the "Read Also" column, or choose other free books by Carnegie Endowment for International Peace. Division of International Law to read onlineMoreLess
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