The Laws of War, Affecting Commerce and ShippingThomson, H. Byerley (Henry Byerley)
History
The Laws of War, Affecting Commerce and Shipping
Thomson, H. Byerley (Henry Byerley)
Maritime law; War (International law); War, Maritime (International law)
And whereas Her Majesty, by and with the advice of Her said Council,
is now pleased to alter and extend such part of the said Order, it is
hereby ordered, by and with such advice as aforesaid, as follows--that
is to say, that any Russian merchant vessel which, prior to the 15th
day of May, 1854, shall have sailed from any port of Russia situated
either in or upon the shores or coasts of the Baltic Sea or of the
White Sea, bound for any port or place in Her Majesty's dominions,
shall be permitted to enter such last-mentioned port or place and to
discharge her cargo, and afterwards forthwith to depart without
molestation; and that any such vessel, if met, at sea by any of Her
Majesty's ships, shall be permitted to continue her voyage to any port
not blockaded.
And Her Majesty is pleased, by and with the advice aforesaid, further
to order, and it is hereby further ordered, that in all other respects
Her Majesty's aforesaid Order in Council, of the 29th day of March
last, shall be and remain in full force, effect, and operation.
And the Right Hon. the Lords Commissioners of Her Majesty's Treasury,
the Lords Commissioners of the Admiralty, and the Lord Warden of the
Cinque Ports, are to give the necessary directions herein as to them
may respectively appertain.--C.C. GREVILLE.
H.B.T.
3, SERJEANT'S INN,
_22nd April, 1854_.
NOTES
[1: See Justice Story's Judgment in the Case of the La Jeune Eugenie.
Life, Vol. i. 341.]
[2: The Law of Reprisals; _Vide_ note (A.)]
[3: Rutherford's Institutes, vol. ii. p. 509.]
[4: 2 Wheaton, p. 11; 1 Kent, p. 54.]
[5: Per Sir W. Scott--Case of the Eliza Ann, 4 Rob. Adm. Rep. 247.]
[6: Wildman's International Law, vol. ii. p. 5.]
[7: 1 Kent, p. 54; Vattel, book 3, chap. iv. sec. 64.]
[8: 1 Kent, p. 55.]
[9: 2 Wheaton, p. 12; 1 Kent, p. 55; Rutherford's Institutes, book 2,
chap. 9, sec. 10.]
[10: 2 Wheaton, p. 12-25; 1 Kent's Com. p. 55-6; Brown _v._ United
States, 2 Cranch, 110; see also 228, 229.]
[11: Idem.]
[12: Grot, book 3, chap. 20, sec. 16.]
[13: 1 Rob. Adm. Rep. 64.]
[14: 2 Wheaton, p. 19.]
[15: Lindo v. Rodney, Doug. 612; The Boedes Lust, 5 Rob. Rep. 233.]
[16: Per Lord Mansfield, Lindo _v._ Rodney.]
[17: Wolff _v._ Oxholm, 6 M. and S. 92.]
[18: Grot. book 2, chap. 18, sec. 344; book 3, chap. 5, sec. 77.]
[19: Whewell, Grot. vol. 3, p. 151, sec. 4; p. 165, sec. 4 (2).]
[20: 1 Kent's Com. p. 65.]
[21: Bynkersheok, Quæst. Sur. Pub. lib. i. cap. 3; 2 Wheaton, p. 26.]
[22: Robinson's Adm. Rep. p. 196.]
[23: The Hoop.]
[24: The Rapid, 8 Cranche's Rep. p. 155.]
[25: The St. Lawrence, 8 Cranche's Rep. p. 434.]
[26: The Juffrow Catharina, 5 Rob. 141.]
[27: 2 Wheaton, p. 37.]
[28: 1 Kent's Com. p. 67.]
[29: The Rendsborg, 4 Rob. Adm. Rep. 132.]
[30: Park, p. 497.]
[31: Toulmin _v._ Anderson, 1 Taunt. 227.]
[32: Potter _v._ Bell, T. Rep. 548; The Hoop, _supra._]
[33: Vandyck _v._ Whitmore, 1 East, 475.]
[34: Park, 502.]
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