HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.
![handle is hein.slavery/ssactsengr0116 and id is 1 raw text is: HARE (THE) [1810] IATN 5
a trade cannot, upon principles of universal law, have a right to be heard upon a
claim of this nature in any court. In the present case the claimant does not bring
himself within the protection of the law of his own country; he appears to have been
acting in direct, violation of that law which admits of no right, of property such as
he claims: Ours is express and satisfactory upon the subject. Where, therefore,
there is no right established to carry on this trade, no claim to restitution of this
property can be admitted. We are hence of opinion the sentence of the Court below
was valid, and ought to be affirmed.
SENTENcE -Pronounced against the appeal and affirmed the sentence of the
Court below, condemning the ship and cargo as lawful prize.
[Followed ii The Anne, 1810, 2 Acton, 6, 10; and see The Atrica, 1810, 2 Acton, 1.
The English Slave Trade Acts dating from 59 Geo. iii. c. 16, to 32 and 33 Vict.
c. 2, were consolidated and repealed in whole or in part by the Slave Trade Act
1873 (36 and 37 Vict. c. 88). A list of the Slave Trade Treaties under s. 29 of
that Act up to Dec. 31st, 1899, will be found in Pulling's Index to the St. R.
and 0., 3rd ed., 1899, p. 631. For American law, see Stimson's American
Statute Law (1886), art. 3, ss. 30, 31 ; Wheaton, Int. Law (Dana), ss. 125 et seq.]
[252] HARE, CnEw Master [Mar. 25, 1810].
Blockade of Cadiz, whether fairly and legally imposed by a fleet's appearance off
the port prohibiting the entrance of all vessels. Notoriety of the fact and
knowledge of its intention sufficient to bind the neutral. Under such circum-
stances formal notification rendered unnecessary.
This was a leading case of several appeals from the sentence of the Vice-Admiralty
Court of Gibraltar, condemning this and several other vessels for a breach of the
blockade of Cadiz and San Lucar, imposed on these ports by a squadron under the
command of Admiral C. Collingwood, pursuant to an order of the Lords of the Ad-
miralty dated the 8th June 1805.
The King's Advocate [Sir Christopher Robinson] for the Captors.-A review of
the facts of this case will be sufficient to, prove the existence of an actual blockade
during the period in which this vessel was taking in a cargo, and which was con-
tinued with unabating rigour long subsequent to her departure from the harbour (if
Cadiz. These ports had been put under blockade by a, notification dated the 25th of
April 1805, at which time the appearance of a superior force of the enemy compelled
the blockading squadron to retire. In consequence of this interruption the Lords
of the Admiralty, on the 8th of June following, issued an order * to Admiral
By the Commissioners for executing the office of Lord High Admiral
of the United Kingdom of Great Britain and Ireland,
etc.
(Order issued by the Lords of the Admiralty the 8th June 1805.)
The Earl Camden, one of His Majesty's Principal Secretaries of State, having
by his letter of the 18th of April last, acquainted us that His Majesty had judged it
expedient for the protection of His subjects, and the annoyance of His enemies, to
direct that the most rigorous blockade should be established at the entrance of the
ports of Cadiz and San Lucar, and that the said blockade should be maintained and
enforced in the strictest manner, according to the usages of war, acknowledged and
allowed in similar cases, and that His Majesty had been pleased to cause the same to
be signified to the ministers of neutral powers residing at His court, and, likewise
from the time above-mentioned, all the measures authorized by the law of nations,
and the respective treaties between His Majesty and the different neutral powers,
would be adopted and executed with respect to all vessels which may attempt to
violate the said blockade: We do, in pursuance of His Majesty's pleasure, signified
to us by his lordship, hereby require and direct you to employ such part of the
P.C. 1. 97 4
I ACTON, 252](ViewImageLocal?handle=hein.slavery/ssactsengr0116&div=1&collection=&method=preview&ext=.png&size=3)