The Relation of International Law to the Law of England And of the United States of America : a Study
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100.
1 1817, 6 M. and S. 92.
84 INTERNATIONAL LAW an action instituted in the English Courts by Wolff for the payment of the money, the question turned upon whether or no the payment to the Danish authorities was a good discharge.
Per Lord Ellenborough, C.J. : — " But it was contended that this ordinance was a proceeding founded upon and conformable to the Law of Nations, and that as the defendant paid the debt to the person appointed by the ordinance to receive the confiscated debts he has a g...ood discharge as to the debt itself according to the Law of Nations, to which the municipal courts of this country, as well as of all others, ought to give effect." The learned Chief Justice then proceeded to examine the authority of the text-writers in favour of such a right of confiscation. After quotations f:om the leading authorities, including Grotius and Vattel, he came to the conclusion that there was no such right given by any rule of International Law. He ac- cordingly concluded his judgment in these words : — " We think our judgment would be pregnant of mis- chief to future times if we did not declare that in our opinion this ordinance, and the payment to the commis- sioners appointed under it, do not furnish a defence to the present action ; and if they cannot do this of them- selves, neither can they do so by the aid of the proceed- ings in the Danish Court.
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To quickly assess the difficulty of the text, read a short excerpt:
100.
1 1817, 6 M. and S. 92.
84 INTERNATIONAL LAW an action instituted in the English Courts by Wolff for the payment of the money, the question turned upon whether or no the payment to the Danish authorities was a good discharge.
Per Lord Ellenborough, C.J. : — " But it was contended that this ordinance was a proceeding founded upon and conformable to the Law of Nations, and that as the defendant paid the debt to the person appointed by the ordinance to receive the confiscated debts he has a g...ood discharge as to the debt itself according to the Law of Nations, to which the municipal courts of this country, as well as of all others, ought to give effect." The learned Chief Justice then proceeded to examine the authority of the text-writers in favour of such a right of confiscation. After quotations f:om the leading authorities, including Grotius and Vattel, he came to the conclusion that there was no such right given by any rule of International Law. He ac- cordingly concluded his judgment in these words : — " We think our judgment would be pregnant of mis- chief to future times if we did not declare that in our opinion this ordinance, and the payment to the commis- sioners appointed under it, do not furnish a defence to the present action ; and if they cannot do this of them- selves, neither can they do so by the aid of the proceed- ings in the Danish Court.
What to read after The Relation of International Law to the Law of England And of the United States of America : a Study?
You can find similar books in the "Read Also" column, or choose other free books by Cyril Moses Picciotto to read onlineMoreLess
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