What Is Contraband of War, and What Is Not. Comprising All the American and English Authorities on the Subject (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1861 Excerpt: ... Jurisprudentists, placed the question upon those sound and broad prin-ciples which we have already so often adverted to, as he did so many others of the law of nations, which till then had been enveloped in (fr) 2 Rob. 182. (l) Fide Kent's Commentaries, vol. 1, p. 140, and vide ante, p. 58. (m) 1 Rob. 159, Phill. ed. a mist of futile and indefinite arguments. The practice and principle which he then established have been accepted by all the American Courts and the American writers on this subject, whose respect they commanded by their admirable lucidity and firmness. Following Grotius' rule (-), he held that provisions were the same as all other articles of a doubtful or double use, that is, capable of being applied either to peace or war; and that, therefore, subject to the considerations of their being the growth of the exporter's country, pointed out in our third chapter of this work, and subject to the conditions, pointed out previously (o), as to whether they were in a prepared or raw state, it was simply a question of evidence or probability in each case, and whether those very articles were intended for ordinary use in life, or even for mercantile ships' use, or whether they were going, with a highly probable destination, for military or naval use, and that that would decide whether they were contraband or not. This is placing provisions on the same rule as all other goods of the second class of contraband before pointed out(p). And the (n) Vide ante, p. 8. (o) Vide ante, p. 36. (p) Vide ante, pp. 9, 18, 78. port of destination in this, as in all other cases, will be an important ingredient, among others, in determining what the ultimate use of the goods is intended to be, as in Chapter III. These doctrines, and a practice in pursuance The same...