A Treatise on International Law; And a Short Explanation of the Jurisdiction and Duty of the Government of the Republic of the United States
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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. 1844 ...piratical ships and pirates on the high seas, and to punish such criminals as the common enemies of the human race. By our law the slave trade is declared piracy, and such it must be deemed by the universal moral law. Man-stealing, with its murders and atrocities consequent upon it, is piracy in the eye of God. Any vessel, which gives probable cause or reasonable suspicion of piracy, or of being a slaver, might be searched by the commander of any ship of any nation. This is a necessary regulation of marine police, essential to the safety of the seas. If upon such search the suspected vessel is not found to be a pirate or slaver, she must be left unmolested to pursue her voyage. Such entry of a foreign vessel, though a mistake, when founded on probable cause, must be considered by the moral law of nations a marine trespass, that is excusable, if not justifiable. It is a case of danmum absque injuria. Another exception must be allowed to our general principle. As a natural and necessary right of self-defence, we hold that belligerents have a right to capture any ship carrying arms, ammunition, munitions of war or soldiers to an enemy, and as a legitimate consequence we must admit a right of search limited as above as a belligerent right in all cases of probable cause or well grounded suspicion of such violation of neutrality. These are the only exceptions to our general principle which sound ethics suggest, or which the moral 'law of nations allows. President Madison lays down these principles in a Message to Congress of May 25th, 1813. He "It is obvious that no visit or search, or use of force for any purpose, on board the vessels of one independent power on the high seas, can, in war or peace, be sanctioned by the laws of another power." The...