The Controversy Over Neutral Rights Between the United States and France, 1797-1800: A Collection of American State Papers and Judicial Decisions
Oxford University Press, 1917 - France - 510 pages
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according act of Congress admitted allowed American appear armed vessels ARTICLE authority belonging bound Captain capture cargo carried cause circumstances citizens claimants claims commander commerce commission committed conclusion condemnation Congress considered Consuls convention court crew damages decided decision decree defense demand duty effect enemy Etats evidence Executive existing fact force foreign France French French Republic further give given Government ground hostilities instructions intent interest island judge July jurisdiction justice law of nations March master ment minister nature necessary negotiation neutral obligations officers opinion owners paid parties passed peace person port possession present President principle privateer prize protection provisions question reason recapture received regulations relations respect restored rule sailing salvage says seas seized seizure ship statute taken thereof tion treaty tribunals United violation voyage whole
Page 459 - ... to trade with the same liberty and security from the places, ports and havens of those who are enemies of both or either party, without any opposition or disturbance whatsoever, not only directly from the places of the enemy aforementioned to neutral places, but also from one place belonging to an enemy to another place belonging to an enemy, whether they be under the jurisdiction of the same prince, or under several.
Page 158 - It is in the general true that the province of an appellate court is only to enquire whether a judgment when rendered was erroneous or not. But if subsequent to the judgment and before the decision of the appellate court, a law intervenes and positively changes the rule which governs, the law must be obeyed, or its obligation denied.
Page 215 - States, and the decision is in favor of such their validity, or where is drawn in question the construction of any clause of the Constitution, or of a treaty or statute of, or commission held under the United States, and the decision is against the title, right, privilege, or exemption specially set up or claimed by either party, under such clause of the said Constitution, treaty, statute, or commission...
Page 499 - Contracting parties, although the whole lading or any part thereof should appertain to the enemies of either, Contraband goods being always excepted. It is also agreed in like manner that the same liberty be extended to persons who are on board a free ship, with this effect that although they be enemies to both or either party, they are not to be taken out of that free Ship, unless they are officers or soldiers and in the actual service of the enemies...
Page 488 - February 1778, the treaty of amity and commerce of the same date, and the convention of 14th of November 1788, nor upon the indemnities mutually due or claimed; the parties will negotiate further on these subjects at a convenient time...
Page 248 - Such attempts ought to be repelled with a decision which shall convince France and the world that we are not a degraded people, humiliated under a colonial spirit of fear and sense of inferiority, fitted to be the miserable instruments of foreign influence, and regardless of national honor, character, and interest.
Page 506 - And whenever such tribunal of either party shall pronounce judgment against any Vessel or goods or property claimed by the Citizens of the other party, the sentence or decree shall mention the reasons or motives, on which the same shall have been founded and an authenticated copy of the sentence or decree and of all the proceedings in the case shall, if demanded, be delivered to the Commander or Agent of Said Vessel, without any delay, he paying the legal fees for the same ARTICLE TWENTY SECOND.
Page 239 - Whereas it appears that a state of war exists between Austria, Prussia, Sardinia, Great Britain, and the United Netherlands, of the one part, and France on the other, and the duty and interest of the United States require, that they should with sincerity and good faith adopt and pursue a conduct friendly and impartial toward the belligerent powers...
Page 273 - ... provided that by this retrenchment the two States renounce the respective pretensions which are the object of the said article.