Court : US Supreme Court
..... reality the object of admiral sawyer and of mr. allen, and that it must have been so understood by those who sailed under this license. in both cases, the allied armies were to be supplied not by sales made directly to their agents (for this is not required by either), but by carrying supplies to the peninsula which would indirectly come ..... the sailing on a voyage under the license and passport of protection of the page 12 u. s. 450 enemy in furtherance of his views or interests constitutes such an act of illegality as subjects the ship and cargo to confiscation as prize of war," and as explanatory of the general reasons for that opinion, a reference was made to the ..... u.s. (8 cranch) 444 syllabus sailing on a voyage under the license and passport or protection of the enemy in furtherance of his views or interests constitutes such an act of illegality as subjects the ship and cargo to condemnation as prize of war. sailing with a cargo of provisions to the port of a neutral which is the ally .....
Tag this Judgment!Court : US Supreme Court
..... u. s. 220 had licenses or passports of the same character and substantially for the same purpose, except only that the object of the julia was to supply the allied armies in portugal, and the original intention of the aurora was to go the british west indies. it is by no means clear that this destination was ever changed, but admitting ..... the claimants to carry into effect the original understanding between them and mr. allen. for although the destination to st. bartholomews be conceded, it is evident that mr. allen who acted as british consul, supposed the views of admiral sawyer might be answered as well in that as in any other way; nor is it clear, as was said at bar .....
Tag this Judgment!Court : US Supreme Court
..... proof. the following is a statement of the facts connected with the case: general garret visscher, alias fisher, a native of the state of new york, entered into the british army before the revolution, and having obtained the rank of lieutenant general, died in england, rich, intestate, and without issue, leaving a large number of relatives citizens of the state of ..... . s. 390 by the captors as being and bearing enemy property and also by the united states for a breach of the nonintercourse acts. the claimants made application to the secretary of the treasury, and he, under the act of january 2, 1913, "directing the secretary of the treasury to remit fines, forfeitures, and penalties, in certain cases," remitted the forfeitures and .....
Tag this Judgment!Court : US Supreme Court
..... the convoy is to all purposes the resistance of the associated fleet. it might with as much propriety be maintained that neutral goods, guarded by a hostile army in their passage through a country or voluntarily lodged in a hostile fortress for the avowed purpose of evading the municipal rights and regulations of that country, ..... of constructive cooperation and hostility is far less certain and direct. to condemn in such case is pushing the doctrine to a great extent, since it is acting upon the presumption, which is not permitted to be contradicted, that all the convoyed ships distinctly understood and adopted the objects of the convoy and intimately blended ..... receive the protection of belligerent force in such manner and under such circumstances as the belligerent may choose to apply it. it is an adoption of his acts and an assistance of his interests during the assumed voyage. to render the convoy an effectual protection, it is necessary to interchange signals and instructions, to .....
Tag this Judgment!Court : US Supreme Court
..... enemy, and consequently, in performing them did not assume that character. the second point presents a question of much more difficulty. that a neutral carrying supplies to the army of the enemy does, under the mildest interpretation of international law, expose himself to the loss of freight is a proposition too well settled to be controverted. that ..... their common war, whether intended for the british or any other division of the allied armies, had a right to pass unmolested by american cruisers. it is not believed that any act which, if performed by the government, would not be deemed an act of hostility, is to be so deemed if performed by an individual. had the provisions ..... enemies. had any other of the combined powers equipped a military expedition for the purpose of reinforcing the armies of britain in any part of europe, or had a new ally engaged in the war, that would have been no act of hostility against the united states, although it would have aided our enemy. but if a military .....
Tag this Judgment!Court : US Supreme Court
..... the late major general nathaniel greene to twenty-five thousand acres of land given to him, within the bounds of the land reserved for the use of the army, by the tenth section of the act of the legislature of north carolina passed in 1782 as a mark of the sense entertained by that state of his eminent services. this was a bill ..... almost necessarily to the opinion that the lands granted to martin and wilson were a part of those to which the act related, and the words of the section show that their title was acquired by this act. by no course of just reasoning can it be inferred from these permissions to make appropriations within bounds not open to entry generally that a ..... on the same ground, protected by his preexisting title, whatever it might be. but it is contended that his title was annulled by the general authority given in the 9th section of the act to enter all the lands within the enlarged limits then opened to purchasers. to this argument it is answered 1st. that the 11th .....
Tag this Judgment!Court : US Supreme Court
..... after this letter reaches thee above sixteen cents, as that article has become very dull at liverpool, and likely to be low in consequence of the success of the french army on the continent. if thee can purchase at or under sixteen cents before may, thee may purchase and ship such part of the five hundred bales as has not ..... this defendant learnt they were drawn by paul lanusse, at new orleans, on john taber & son, portland, in part payment for the cargo of the mac. that this defendant, acting page 16 u. s. 129 from the information so received, and from no other in formation or advice whatever, and also from an apprehension that the said complainant, when he ..... any of yours. the mac remains precisely in the same situation. $4,250 demurrage have been paid on her account, and i only wait for further information from you to act in case demurrage is refused." on 24 july, 1806, the defendant wrote the plaintiff as follows: "relative to the unfortunate situation of the mac, i have to observe that .....
Tag this Judgment!Court : US Supreme Court
..... satisfied by a restriction created by the application of external force? if, for example, a town be besieged and the inhabitants confined within its walls by the besieging army, if in attempting to come out they are forced back, would it be inaccurate to say they are restrained within these limits? the court believes it would not, ..... observed that the vessel did not attempt to proceed towards the blockaded port, but lay in bristol when the abandonment was made. the blockading squadron therefore did not act directly on the vessel, nor apply to her any physical force. it is not certain that such a circumstance might not have materially affected the case. this court ..... in attempting to pass the blockading page 16 u. s. 193 squadron the vessel be stopped and turned back, the force is directly applied to her, and does act directly and not circuitously. without contesting or admitting the reasonableness of the opinion that the loss of the voyage occasioned by the detention of the ship by her master .....
Tag this Judgment!Court : US Supreme Court
..... the united provinces of rio de la plata in south america are free and independent states, and as such have the power to levy war and make peace, raise armies and navies, &c.;, and that the supreme provisional director of said provinces, at the fort of buenos ayres on 25 october 1815, commissioned a certain schooner called ..... vessels and effects of the kingdom of spain and the subjects thereof, excepting only the spanish americans who defend their liberty, and authorized one james barnes to act as commander of said schooner and to seize and capture the vessels and effects of european spaniards and bring them within the government of the united provinces for ..... which the new governments in south america may direct against their enemy. unless the neutral rights of the united states (as ascertained by the law of nations, the acts of congress, and treaties) are violated by the cruisers sailing under commissions from those governments, captures by them are to be regarded by us as other captures .....
Tag this Judgment!Court : US Supreme Court
..... it. the propriety of this remark would seem to be generally acknowledged by the universal acquiescence in the construction which has been uniformly put on the 3d section of the 4th article of the constitution. the power to "make all needful rules and regulations respecting the territory or other property belonging to the united states ..... security for the faithful performance of duty is not given, nor is it indispensably necessary. the different departments may be established; taxes may be imposed and collected; armies and navies may be raised and maintained; and money may be borrowed, without requiring an oath of office. it might be argued with as much plausibility as ..... wild enough to think of breaking down the lines which separate the states, and of compounding the american people into one common mass. of consequence, when they act, they act in their states. but the measures they adopt do not, on that account, cease to be the measures of the people themselves, or become the measures .....
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