Argument of Mr. Evarts, One of the Counsel of the United States, Addressed to the Tribunal of Arbitration at Geneva on the 5th and 6th August, 1872, in Reply to the Special Argument of the Counsel of Her Britannic Majesty: Stenographic ReportChiswick Press, 1872 - 108ÆäÀÌÁö |
µµ¼ º»¹®¿¡¼
11°³ÀÇ °á°ú Áß 1 - 5°³
3 ÆäÀÌÁö
... parties disclosed . That treatment of the points is , of course , suitable enough if , in the judg- ment of the learned Counsel , necessary for properly meeting the question specifically under considera- tion , because all those ...
... parties disclosed . That treatment of the points is , of course , suitable enough if , in the judg- ment of the learned Counsel , necessary for properly meeting the question specifically under considera- tion , because all those ...
8 ÆäÀÌÁö
... Parties as Rules to be taken as applicable to the case and by such principles of International Law not inconsistent therewith ; " and then the Rules are stated . Now , there had been a debate between the diplo- matic representatives of ...
... Parties as Rules to be taken as applicable to the case and by such principles of International Law not inconsistent therewith ; " and then the Rules are stated . Now , there had been a debate between the diplo- matic representatives of ...
12 ÆäÀÌÁö
... parties require that , for this trial and for this judgment , these Rules are to be the law of this Tribunal . This argument is hinted at in the Counter - case of the British Government ; it has been the subject of some public ...
... parties require that , for this trial and for this judgment , these Rules are to be the law of this Tribunal . This argument is hinted at in the Counter - case of the British Government ; it has been the subject of some public ...
ÀÚÁÖ ³ª¿À´Â ´Ü¾î ¹× ±¸¹®
action applied argu armament and munitions armed authority base of naval Britain British Government British ports circumstances claims coaling conduct contraband of war course courts Crown dealing in contraband debate diligence to prevent discussion doctrine doctrine of comity due diligence eminent Counsel Evarts evasion Executive Executive Government exercise facts fault Foreign Enlistment Act furnish ground to believe hospitality hostile act hostile expedition illegal insisted interception international law judicial law of nations learned Counsel Majesty's Government matter means ment municipal law naval operations neutral nation neutral ports neutral territory neutre obligation offended neutral offending cruisers outfit parties port of Liverpool ports and waters prerogative principles proofs proposition proscribed reasonable ground regard resort responsibility right of asylum second clause second Rule Shenandoah ship Sir Alexander Cockburn Sir Roundell sovereign sovereignty special argument territoire Three Rules tion trality Treaty Treaty of Washington Tribunal unarmed United violation of neutrality want of due
Àαâ Àο뱸
17 ÆäÀÌÁö - First, to use due diligence to prevent the fitting out, arming, or equipping, within its jurisdiction, of any vessel which it has reasonable ground to believe is intended to cruise or to carry on war against a power with which it is at peace ; and also to use like diligence to prevent the departure from its jurisdiction of any vessel intended to cruise or carry on war as above, such vessel having been specially adapted, in whole or in part, within such jurisdiction, to warlike use.
8 ÆäÀÌÁö - In deciding the matters submitted to the Arbitrators they shall be governed by the following three rules, which are agreed upon by the High Contracting Parties as rules to be taken as applicable to the case...
9 ÆäÀÌÁö - Government cannot assent to the foregoing rules as a statement of principles of international law which were in force at the time when the claims mentioned in Article I arose, but that her Majesty's Government, in order to evince its desire of strengthening the friendly relations between the two countries, and of making satisfactory provision for the future, agrees that in deciding the questions between the two countries arising out of those claims the arbitrators should assume that her Majesty's...
65 ÆäÀÌÁö - Secondly, not to permit or suffer either belligerent to make use of its ports or waters as the. base of naval operations against the other, or for the purpose of the renewal or augmentation of military supplies or arms, or the recruitment of men. Thirdly, to exercise due diligence in its own ports and waters, and, as to all persons within its jurisdiction, to prevent any violation of the foregoing obligations and duties.
78 ÆäÀÌÁö - We may have our own opinions about slavery; we may be for or against the South; but there is no doubt that Jefferson Davis and other leaders of the South have made an army; they are making, it appears, a navy; and they have made what is more than either, they have made a nation.4.
63 ÆäÀÌÁö - It seems clear, on the principle enunciated in these authorities, that, except on the ground of any proved violation of the Foreign Enlistment Act, Her Majesty's Government cannot interfere with commercial dealings between British subjects and the so- sty led Confederate States, whether the subject of those dealings be money or contraband goods, or even ships adapted for warlike purposes.
13 ÆäÀÌÁö - the first general maxim of interpretation is, that it is not allowable to interpret what has no need of interpretation.
89 ÆäÀÌÁö - Why then, take no note of him, but let him go ; and presently call the rest of the watch together, and thank God you are rid of a knave.
95 ÆäÀÌÁö - ... to prevent" the occurrence of any of the infractions of the law of nations proscribed by the rules. There are two propositions in these rules. Certain things are assigned as violations of the law of nations, and as involving a duty on the part of a neutral Government to prevent them; and besides in and towards preventing them it is its duty to use due diligence.
11 ÆäÀÌÁö - ... optional character, while, in the future, the rules were to be authoritative, binding rules of the law of nations? When the United States had given an assent, by convention, to the law that was to govern this Tribunal, was it intended that that law should be construed, as to the past, differently from what it was to be construed in reference to the future? I apprehend that this learned Tribunal will at once dismiss this consideration, with all its important influence upon the whole subsequent...