FREE BOOKS

Author's List




PREV.   NEXT  
|<   36   37   38   39   40   41   42   43   44   45   46   47   48   49   50   51   52   53   54   55   56   57   58   59   60  
61   62   63   64   65   66   67   68   69   70   71   72   73   74   75   76   77   78   79   80   81   82   83   84   85   >>   >|  
ade, and which claimants allege are in contravention of the law of nations, those courts are powerless to pass upon the real ground of complaint or to give redress for wrongs of this nature. Nevertheless, it is seriously suggested that claimants are free to request the prize court to rule upon a claim of conflict between an Order in Council and a rule of international law. How can a tribunal fettered in its jurisdiction and procedure by municipal enactments declare itself emancipated from their restrictions and at liberty to apply the rules of international law with freedom? The very laws and regulations which bind the court are now matters of dispute between the Government of the United States and that of His Britannic Majesty." The British Government, in pursuit of its favorite device of seeking in American practice parallel instances to justify her prize-court methods, had contended that the United States, in Civil War contraband cases, had also referred foreign claimants to its prize courts for redress. Great Britain at the time of the American Civil War, according to an earlier British note, "in spite of remonstrances from many quarters, placed full reliance on the American prize courts to grant redress to the parties interested in cases of alleged wrongful capture by American ships of war and put forward no claim until the opportunity for redress in those courts had been exhausted." This did not appear to be altogether the case, Secretary Lansing pointed out that Great Britain, during the progress of the Civil War, had demanded in several instances, through diplomatic channels, while cases were pending, damages for seizures and detentions of British ships alleged to have been made without legal justification. Moreover, "it is understood also that during the Boer War, when British authorities seized the German vessels, the _Herzog_, the _General_ and the _Bundesrath_, and released them without prize court proceedings, compensation for damages suffered was arranged through diplomatic channels." The point made here was by way of negativing the position Great Britain now took that, pending the exhaustion of legal remedies through the prize courts with the result of a denial of justice to American claimants, "it cannot continue to deal through the diplomatic channels with the individual cases." The United States summed up its protest against the British practice of adjudicating on the interference with America
PREV.   NEXT  
|<   36   37   38   39   40   41   42   43   44   45   46   47   48   49   50   51   52   53   54   55   56   57   58   59   60  
61   62   63   64   65   66   67   68   69   70   71   72   73   74   75   76   77   78   79   80   81   82   83   84   85   >>   >|  



Top keywords:

courts

 
British
 

American

 

redress

 

claimants

 

channels

 
Britain
 

States

 

diplomatic

 

United


alleged

 

practice

 

pending

 
Government
 
instances
 

damages

 

international

 

exhausted

 

opportunity

 

altogether


Lansing
 

forward

 
progress
 

pointed

 
demanded
 
Secretary
 

German

 

remedies

 

result

 
denial

justice
 
exhaustion
 
negativing
 
position
 

continue

 

adjudicating

 

interference

 

America

 

protest

 
individual

summed

 

authorities

 

seized

 
understood
 

Moreover

 

detentions

 

justification

 
vessels
 

proceedings

 

compensation