The Laws Of War, Affecting Commerce And Shipping by H. Byerley Thomson
page 19 of 159 (11%)
page 19 of 159 (11%)
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faith and justice gives it, when brought into the country in the
course of trade, and in the confidence of peace. It is not, however, as Wheaton states, peculiar to England, but common to modern Europe, except that England does not, in practice, appear to be influenced by the corresponding conduct of the enemy in that respect.[16] [Sidenote: Debts Due to and from an Enemy.] But with relation to Debts Due to an Enemy, previous to hostilities, English law follows a wiser principle. On the outbreak of war between Denmark and this country in 1807, the Danish Government, as a measure of retaliation for the seizure of their ships in our ports, issued an ordinance sequestrating all debts due from Danish to British subjects, causing them to be paid into the Danish Royal Treasury. The Court of King's Bench decided that this was not a legal defence to a suit in England for the debt, and that the ordinance was not conformable to the Law to Nations.[17] It was observed by the Court, that the right of confiscating debts (contended for on the authority of Vattel,)[18] was not recognised by Grotius,[19] and was impugned by Puffendorf and others; and that no instance had occurred of the exercise of the right, (except the ordinance in question,) for upwards of a century. This is undoubtedly the law in England, although it may be doubted if this rule still holds so strongly in the United States. [Sidenote: Interruption of Intercourse; Trading with the Enemy |
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