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" Government to show a necessity of self-defence, instant, overwhelming, leaving no choice of means, and no moment for deliberation. "
Hazard's United States Commercial and Statistical Register - Page 389
edited by - 1841
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Commentaries Upon International Law, Volume 3

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....
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Commentaries on American Law, Volume 1

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...
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International Law: Or, Rules Regulating the Intercourse of States in Peace ...

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...
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The North American Review, Volume 101

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...
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Commentaries on American Law, Volume 1

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...
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Kent's Commentary on International Law: Revised with Notes and Cases Brought ...

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...
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The Case of the Virginius: Considered with Reference to the Law of Self-defence

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...
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Halleck's International Law: Or, Rules Regulating the Intercourse ..., Volume 2

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...
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Le droit international de l'Europe

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...
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Manual of International Law, for the Use of Navies, Colonies and Consulates

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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