Leading Cases On International Law

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Pesohie of Copenhagen, had been disallowed in the report, on the ground that the insurance had not actually been made. . . .
Sir "vfii. Scott [Lord Stowell]. . . . The question is.
Whether there is any reasonable ground for me to pronouhce that the Registrar and merchants hav6 disallowed a just de- mand, in disallowing a charge of insurance which had not beeJi made. It has been argued that this charge ought to have been allowed, because it is usually so allowed in the dealings of mer- chants wi
...th each other ; I am not clear that this is a necessary 688 CONTRABAND.
consequence, for it is surely no certain rule that in all cases where a cargo is taken jure belli but for the mere purpose of preemption, that it is to receive a price calculated exactly iu the same manner, and amounting precisely to the same value, as it would have done, if it had arrived at its port of destination in the ordinary course of trade.
The right of taking possession of cargoes of this description, Commeatus or Provisions, going to the enemy's ports, is no pe- culiar claim of this country; it belongs generally to belligerent nations; the ancient practice of Europe, or at least of several maritime states of Europe, was to confiscate them entirely; a century has not elapsed since this claim has been asserted by some of them.


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