Observations on the American Treaty, in Eleven Letters: First Published in the Sun, Under the Signature of DeciusJ. Budd, J. Butterworth, and Messrs. Richardson, 1808 - 77 páginas |
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Observations on the American Treaty, in eleven letters. First published in ... Thomas Peregrine Courtenay Visualização integral - 1808 |
Palavras e frases frequentes
acquiescence acts ad valorem adopt alledged alluded Ameri American Abstract AMERICAN TREATY American vessels appears assert Belligerent blockade BONA FIDE importation Britain British BRITISH WEST INDIES BUONAPARTE cargo censure certainly circumstances claim Clause Commerce concession conciliate America conduct consider the Treaty Country Court of Admi Court of Admiralty Court of Appeal criterion decision DECIUS direct trade discussion Eleventh Article embarrassment enemies Enemy's Colonial Trade Europe evasion exportation favour of America France fraud High Court India interdiction judgment landed late administration late ministers Lord AUCKLAND Lord GRENVILLE Lord HAWKESBURY Lord HOLLAND Lord HOWICK maritime ment merits Navigation Negotiation Neutral Neutral Country never Note object observations old Treaty paid payment of duties Plenipotentiaries Port principle Prize Courts prohibit provision purpose question reciprocal recollected relaxation restriction RUFUS KING rule ships Sir WILLIAM GRANT sixth article stipulation sufficient tion Treaty of 1794 twen United vexatious voyage West Indies
Passagens conhecidas
Página 30 - ... affirm that it was at such other place that the goods were taken on board, would this contrivance at all alter the truth of the fact? Would not...
Página 30 - Neither will it be contended that the point from which the commencement of a voyage is to be reckoned changes as often as the ship stops in the course of it ; nor will it the more change because a party may choose arbitrarily, by the ship's papers or otherwise, to give the name of a distinct voyage to each stage of a ship's progress. The act of shifting the cargo from the ship to the shore, and from the shore back again into the ship, does not necessarily amount to the termination of one voyage and...
Página 26 - What is a direct trade, or what amounts to an intermediate importation into the neutral country, may sometimes be a question of some difficulty. A general definition of either, applicable to all cases, cannot well be laid down. The question must depend upon the particular circumstances of each case. Perhaps the mere touching in the neutral country, to take fresh clearances...
Página 26 - I see no reason to expect that the court of appeal will vary the rule) that landing the goods and paying the duties in the neutral country, breaks the continuity of the voyage, and is such an importation as legalizes the trade, although the goods be reshipped in the same vessel, and on account of the same neutral proprietors...
Página 31 - The truth may not always be discernible; but when it is discovered, it is according to the truth, and not according to the fiction, that we are to give the transaction its character and denomination. If the voyage, from the place of lading be not really ended, it matters not by what acts the party may have evinced his desire of making it appear to have ended.
Página 30 - In consideration of the present state of commerce, we are pleased hereby to direct the commanders of our ships of war, and privateers, not to seize any neutral vessel which shall be carrying on trade directly between the colonies of the enemy, and the neutral country to which the vessel belongs. and laden with the property of the inhabitants of such neutral country; provided, that such neutral vessel shall not be supplying, nor shall, on the outward voyage, have supplied the enemy with any articles...
Página 31 - The trouble and expense may weigh as circumstances of evidence, to show the purpose for which the acts were done; but if the evasive purpose be admitted or proved, we can never be bound to accept, as a substitute for the observance of the law, the means, however operose, which have been employed to cover a breach of it. Between the actual importation by which a voyage is really ended, and the colourable importation which is to give it the appearance of being ended, there must necessarily be a great...
Página 25 - I apprehend, been recognised as legal, either by his majesty's government, or by his tribunals." " What is a direct trade, or what amounts to an intermediate importation into the neutral country, may sometimes be a question of some difficulty. A general definition of either, applicable to all cases, cannot well be laid down.
Página 10 - Provided always, that the said American vessels do carry and land their cargoes in the United States only, it being expressly agreed and declared, that during the continuance of this article, the United States will prohibit and restrain the carrying...
Página 16 - ... be found on board such vessel, that part only which belongs to the enemy shall be made prize, and the vessel shall be at liberty to proceed with the remainder without any impediment. And it is agreed, that all proper measures shall be taken to prevent delay, in deciding the cases of ships or cargoes so brought in for adjudication ; and in the payment or recovery of any indemnification adjudged or agreed to be paid to the masters or owners of such ships.