| Robert Phillimore - 1857 - 668 pages
...admitted by Lord Ashburton, that to justify a hostile entrance upon neutral territory, there must exist a necessity of self-defence, instant, overwhelming,...no choice of means, and no moment for deliberation. (a) Dumont, Corps Dipl., VI. ip 129, and vi. ii. p. 76. (A) The ships taken at Genoa, 4 Rob., p. 403.... | |
| James Kent - 1858 - 732 pages
...admitted by Lord Ashburton, that to justify a hostile entrance upon neutral territory, there must exist a necessity of self-defence, instant, overwhelming,...no choice of means, and no moment for deliberation. (d) 5 Rob. Rep. 385 d. ershoek to this extent ; that if a vessel-refused to submit to visitation and... | |
| Henry Wager Halleck - 1861 - 960 pages
...imposed by that necessity." He, however, contended that there was " that necessity of self-defense, instant, overwhelming, leaving no choice of means, and no moment for deliberation," which preceded the destruction of the Caroline while moored to the shore of the United States, that... | |
| Jared Sparks, Edward Everett, James Russell Lowell, Henry Cabot Lodge - 1865 - 686 pages
...British. Five years after, Mr. Webster, writing to Lord Ashburton, says : " It will be for the English government to show a necessity of self-defence, instant,...choice of means and no moment for deliberation."* Lord Ashburton, maintaining, in. reply, that respect for the inviolable character of the territory... | |
| James Kent - 1866 - 724 pages
...admitted by Lord Ashburton, that, to justify a hostile entrance upon neutral territory, there mast exist a necessity of self-defence, instant, overwhelming,...no choice of means, and no moment for deliberation. (d) 5 Rob. Adm. 385, d. which were uninhabited, like the little mud islands before the * mouth of the... | |
| James Kent - 1866 - 516 pages
...attack upon the Caroline went beyond the limits of the law that allows an act of this kind, under the necessity of self-defence, instant, overwhelming,...no choice of means, and no moment for deliberation; that it was an attack upon a passenger ship, and on unarmed passengers and crew, and at night; that... | |
| George Ticknor Curtis - 1874 - 44 pages
...show upon what state of facts and what rules of national law the destruction of the Caroline is to be defended. It will be for that government to show a...choice of means, and no moment for deliberation." And after having referred to some of the circumstances of the transaction as he then viewed them, he... | |
| Henry Wager Halleck - 1878 - 644 pages
...neutral power ; but that it was required of the English Government, as the aggressor in this case, ' to show a necessity of self-defence, instant, overwhelming, leaving- no choice of means, and no moment for deliberat1on. It will be for it to show, also, that the local authorities of Canada, even supposing... | |
| August Wilhelm Heffter - 1883 - 654 pages
...Webster défendit l'inviolabilité absolue des eaux territoriales, excepté dans le cas d'une nécessité ,,of self-defence instant, overwhelming, leaving no choice of means and no moment for deliberation", v. § 147 N. 3 G. Perels p. 236] 4) [G. De semblables secours sont en général inconciliables avec... | |
| Jan Helenus Ferguson - 1884 - 818 pages
...neutral 1'ower; but that it was required of the English Government, ns the aggressor in this case, to show a necessity of self-defence, instant, overwhelming, leaving no choice of means and no moment of deliberation. It will be for it to show. also, that the local authorities of Canada, even supposing... | |
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