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Peru (Illinois, United States) (search for this): article 11
ndering the necessaries, conveniences, and comforts of human life more easy to be obtained and more general, shall be allowed to pass free and unmolested; and neither of the contracting powers, shall grant or issue any commission to any private armed vessels, empowering them to take or destroy such trading vessels or interrupt such commerce." This stipulation was not renewed in the treaty of 1797. The treaty of the United States with the Netherlands in 1782, France in 1788, England in 1795. Peru 1799, Prussia 1795, and Spain 1795, contain provisions prohibiting the subjects of either power from taking letters of marque against the other from any power with which it is at war, under the penalty of being treated, if taken, as pirates. But notwithstanding these stipulations, the practice of the Government has always been to employ the services of privateers in the prosecution of its wars; and many of its most brilliant achievements in arms, more especially during the war of 1812, w
Mexico (Mexico) (search for this): article 11
the king, under penalty of being treated as pirates. Mexico, in her recent war with the United States, made great efforts to induce the citizens of other Governments to accept letters of marque against the commerce of the United States, but without avail. The President, in his message to Congress in 1846, after stating the efforts made by Mexico to induce citizens of other nations to accept letters of marque, says: "It will be for the courts of justice to decide whether these Mexican letters of marque shall protect those who accept them, and commit robberies upon the high seas under their authority, from the pains and penalties of piracy." The practice of nations has uniformly been to consider the line of demarcation between privateering and piracy as very slight, and the courts, in accordance with this view, have been careful in determining the legitimate character of the commissions under which the privateers claim to act. If they do not emanate from a source whi
Mare (Papua New Guinea) (search for this): article 11
committed with but slight regard to right or justice. Maritime warfare at this period was conducted with such cruelty and barbarity as to render it little short of piracy. Indeed, the mariners of that day were characterized in the Consolato del Mare as a set of robbers, who were frequently united in a sort of copartnership to prey upon each other. The first attempt to reduce the practice of warfare on the sea to those principles which could be recognized as equitable between different nations, is to be found in the Consolate del Mare, the first edition of which was published at Catalan in 1494. Giannoni, in his history of Naples, carries back the period of the compilation of this work to the years between 1,250 and 1,266; but Pardessus, with more certainty, fixes it at the concluding portion of the fourteenth century, and the locality the city of Barcelona, where the dialect in which it was written is still spoken. These are not, according to this writer, to be considered a s
Preussen (search for this): article 11
h which it was in diplomatic intercourse the importance of prohibiting this mode of warfare by treaty stipulations. As early as 1785, in concluding a treaty with Prussia, it was stipulated that "all merchant and trading vessels employed in the exchange of the products of different places, and thereby rendering the necessaries, conhis stipulation was not renewed in the treaty of 1797. The treaty of the United States with the Netherlands in 1782, France in 1788, England in 1795. Peru 1799, Prussia 1795, and Spain 1795, contain provisions prohibiting the subjects of either power from taking letters of marque against the other from any power with which it is covenanted that, in their municipal law, this act shall be treated as piracy. In the treaties entered into between the United States and France, Holland, Sweden, Prussia, Great Britain, Spain, and some of the South American States, it is declared "that no subject or citizen of either nation shall accept a commission or letter of m
United States (United States) (search for this): article 11
scontinuance of this mode of warfare. The United States, from the foundation of the Government, ha in the treaty of 1797. The treaty of the United States with the Netherlands in 1782, France in 17ts which entered into the compact that the United States are willing to become parties to the treatout." Judge Story, in the case of the United States vs. Smith, says: "There is scarcely nch privateer, in the Circuit Court of the United States for the District of Pennsylvania, 1793. In the treaties entered into between the United States and France, Holland, Sweden, Prussia, Grea any person within the jurisdiction of the United States to augment the force of any armed vessel b at war with another and at peace with the United States. This example was followed in the sucs. Mexico, in her recent war with the United States, made great efforts to induce the citizensters of marque against the commerce of the United States, but without avail. The President, in
Mexico (Mexico, Mexico) (search for this): article 11
onment of the persons implicated. By the marine ordinance of France, of August, 1861, French subjects were prohibited from entering foreign private armed service without permission to the king, under penalty of being treated as pirates. Mexico, in her recent war with the United States, made great efforts to induce the citizens of other Governments to accept letters of marque against the commerce of the United States, but without avail. The President, in his message to Congress in 1846, after stating the efforts made by Mexico to induce citizens of other nations to accept letters of marque, says: "It will be for the courts of justice to decide whether these Mexican letters of marque shall protect those who accept them, and commit robberies upon the high seas under their authority, from the pains and penalties of piracy." The practice of nations has uniformly been to consider the line of demarcation between privateering and piracy as very slight, and the courts,
Pennsylvania (Pennsylvania, United States) (search for this): article 11
my, the practice, although deemed irregular, does not carry with it the taint of piracy. A vessel of a neutral State armed as a privateer, with a commission from a belligerent, where no treaty stipulations exist, although guilty of a gross infraction of the law of nations, is not chargeable with piracy. That was the rule held by the Court in the case of Gideon Henfield, tried for illegally enlisting in a French privateer, in the Circuit Court of the United States for the District of Pennsylvania, 1793. Many States have entered into agreements, by treaty, to prevent their subjects from entering into such adventures, under heavy penalties; and others have covenanted that, in their municipal law, this act shall be treated as piracy. In the treaties entered into between the United States and France, Holland, Sweden, Prussia, Great Britain, Spain, and some of the South American States, it is declared "that no subject or citizen of either nation shall accept a commission or lette
Orange Court House (Virginia, United States) (search for this): article 11
gns, did not exist at that period. The ordinance of Charles VI. of France, issued 7th December, 1400, is said to be the first which distinctly confines this right to the sovereign. From this, and other documents it is made probable that the practice of issuing letters of marque to private subjects in time of war dates from the 15th century, and that to the French is due the distinction of first sending out, in any considerable force, these "militia of the seas." In 1570 the Prince of Orange issued letters of mark and reprisal to cruise against the vessels of Spain. A large fleet was sent to sea under these commissions, which committed great depredations, not only to the commerce of Spain and the Netherlands, but likewise on the vessels of neutral nations, not unfrequently including those of their own flag. Philip II. of Spain, De Thon informs us, prior to the declaration of war between England and Spain in 1586, seized and confiscated the goods of English merchants, which in
England (United Kingdom) (search for this): article 11
entering into such adventures, under heavy penalties; and others have covenanted that, in their municipal law, this act shall be treated as piracy. In the treaties entered into between the United States and France, Holland, Sweden, Prussia, Great Britain, Spain, and some of the South American States, it is declared "that no subject or citizen of either nation shall accept a commission or letter of marque to assist any enemy in hostilities against the other, under pain of being treated as a pirson within the jurisdiction of the United States to augment the force of any armed vessel belonging to one foreign power at war with another and at peace with the United States. This example was followed in the succeeding year (1819) by Great Britain, whereby the Foreign Enlistment act, 59 Geo. III., c. 69, provides against such enlistment under the penalty of the forfeiture of the ship or vessel, and the punishment by fine and imprisonment of the persons implicated. By the marine or
France (France) (search for this): article 11
he Mediterranean. The knowledge displayed by its author of the Roman law, as well as of that of France, Spain and Italy, and the justice and equity of its decisions, caused it to be speedily adopted tice, as confined to sovereigns, did not exist at that period. The ordinance of Charles VI. of France, issued 7th December, 1400, is said to be the first which distinctly confines this right to the ot renewed in the treaty of 1797. The treaty of the United States with the Netherlands in 1782, France in 1788, England in 1795. Peru 1799, Prussia 1795, and Spain 1795, contain provisions prohibitithis act shall be treated as piracy. In the treaties entered into between the United States and France, Holland, Sweden, Prussia, Great Britain, Spain, and some of the South American States, it is dee punishment by fine and imprisonment of the persons implicated. By the marine ordinance of France, of August, 1861, French subjects were prohibited from entering foreign private armed service wi
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