Name: Mauran v. Insurance Company — Opinion of the Court
Author: Samuel Nelson

Quotes from Mauran v. Insurance Company — Opinion of the Court (Samuel Nelson)

Samuel Nelson, Mauran v. Insurance Company — Opinion of the Court

“ And the United States cannot at the same time insist that they have the belligerent rights which by the law of nations belong to a sovereign waging public war, and yet assert that there is no such public war as is known to the law of nations. That it is a civil war, does not change the rule of the law of nations respecting those who carry it on. [9]
Any capture or seizure, whether rightful or wrongful, and whether made under a commission from a de jure, or de facto government, or made by mere pirates, is equally within the warranty in this case. ”

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Source: Wikisource

Samuel Nelson, Mauran v. Insurance Company — Opinion of the Court

“ A capture, as defined by some of the most eminent writers on insurance within the policy, is a taking by the enemy of vessel or cargo as prize, in time of open war, or, by way of reprisal, with intent to deprive the owner of it. ”

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Source: Wikisource

Samuel Nelson, Mauran v. Insurance Company — Opinion of the Court

“ In whatever light they may be to be looked on by the courts of foreign powers, certainly all cruisers, under the flag of whatever combination of persons, are, in all courts of the United States, to be regarded as pirates by the law of nations, unless such persons have been recognized by the Executive as lawful belligerents, and so a de facto government. ”

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Source: Wikisource

Samuel Nelson, Mauran v. Insurance Company — Opinion of the Court

“ We may concede that the United States have never admitted the so-called 'Confederate States' to be a government. And this is a matter most proper to be asserted by the United States in its dealings with both its own citizens and foreigners. It may well treat every citizen of the United States who aided in the rebellion as committing treason or piracy ”

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Source: Wikisource

Samuel Nelson, Mauran v. Insurance Company — Opinion of the Court

“ Still, it cannot be denied but that by the use of these unlawful and unconstitutional means, a government, in fact, was erected greater in territory than many of the old governments in Europe, complete in the organization of all its parts, containing within its limits more than eleven millions of people, and of sufficient resources, in men and money, to carry on a civil war of unexampled dimensions ”

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Source: Wikisource

Samuel Nelson, Mauran v. Insurance Company — Opinion of the Court

“ If any presumption could properly be indulged as to the perils against which the insured would most desire to protect himself, it might well be captures by these violent and irregularly constructed nationalities. ”

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Source: Wikisource

Samuel Nelson, Mauran v. Insurance Company — Opinion of the Court

“ The case, before it is finally disposed of, may be taken to the Court of Exchequer Chamber, if not to the House of Lords, and their decision overruled. It is hardly in any respect such a decision as should induce this court to go agaist the recent express decision, in Swinerton v. ”

Samuel Nelson

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Quotes from Mauran v. Insurance Company — Opinion of the Court (Samuel Nelson)

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Samuel Nelson

Summary

Quotes from Mauran v. Insurance Company — Opinion of the Court (Samuel Nelson)

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