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Page:United States Reports, Volume 2.djvu/488

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n. I N D E X. AD},[[RAL’]'_‘Y_ America was bonpd, as an ally of France, by the capttnlatmn between Capture, anthorifedixy the rights of I Great Britain and l·'rattce, for the fur- war. transfers the property; but the rcndcr of Dtnntnica. 15. riglnts of war can only take place a- The Ordinance of Congrcfs, found- mong enemies, and, therefore, a cap- cd un the Ruflianarmed neutrality, dc- ture can give no right, unlcfs the pro- elated that elfeéls belonging to the perry captured belongs to an enemy. 2. Belligerent powers lhnuld ner be cap- He who founds a claim upon the tnrcd on board of neutral velfcls ; and rights nf war, mall prove that peace included effects of Great Britain. was broken by tome animal holtility. 18. 35. _;. Under what circumflanccs theConrr. Prize is generally ufed as a tcchni- of Admiralty will grant or rcfufe a re- chal term tn exprcfs a Lgal capture : hearing!. ly. 4I. and the Orslinancc of Crmgrt fs mult Though (ircat·Britain, after lh: be conlidered as adopting it, in that had commenced hoililities againll Hol- lenfe. 4. land, declrrcd by proclamation, that But the municipal laws of a country, Dutch velftls carrying the produce, or cannot change the law of nations gand, manufadures of Dominica, lhould be by the law of nationc, a neutral fuh- exempt from capture, for a limited it cl, whofe property has been illegal- time ; this could only operate againlt. ly ruptured, may pnrliae and recover Britilh captures ; it did not rcilore the tha: property, in wlratcvcr country it neutrality of Holland; nor prevent the is found, unlefs a competent jurifdic· rights of war, in favor of other na- tion had adjudged it prize. 4. tions, who iheulcl retake a Dutch vel- Tlte Ordinance of Congrefsis a new fel from a Britilh privateer. 2.0. regulation of the [sy! Iiminii, limiting On a capture and libel as prize, the it toa recapture within 14 hours; and mm y·n~!·.mJi lies on the captors; and tllreriforc, can only relate to citizens what evidence the law of nations ad- o t e United States. 4. rnits. zz. The legality of a capture is always ln what manner the rights of neu- cpzn for qucflion and c:atnittat1on,not- trality may he forfeited. 34. 5. 6. 7.74. withltanding thc length of pt-ifeiiion, Congreik did not mean by their Or- till a competent juritiliélion has de- dinanc.: to afccrtain in what cafes thc citicd it. 5. rights of neutrality lhnnltl hc forfeited, Polfellion and occupation ought, up- in exclufiou of all other cafes ; for, the on a quellion of property, to have the inflances not mentioned are as flagrant, fame iniuence in Courts of Admiralty, as the cafes yarticularizetl. 3,4. as itt Courts of Common Law ; a good A libel by the crew of the pri vatccr, title, andeoncluiirc upon all mankind, for their refpeiiive proportions of at except the right owner. 5. prize, is the proper and regular mode li a {hip and cargo were originally of redrcfs. gy. neutral property, it rapture and G:.':l!· How diflrihuticrt of prilc lw¤¤V par ion by a Britilh privatecr, for :4 will be made, where the lhip’s articles hours, did not change it into Britifh do not provide for it. AF- property, fo as to malt: it prize on a Wlt:·rt· tht- proceeds of a prize are recapture by an Amorican privateer. in the Mar|hall’s hands, the parties 6. cntitlcd to it may either inllirutc a The t G`.-cl of tiv capitulation ofthe lirppitnrcntal libel in the .dntir.tlty. or Inland ot`l!¤.·¤’:·i:,:,topz·u·e£t property of Iiring an a·‘lion at law fur money had

·chd:nts,or nan-retid:nts,·wltcn lhipped and received. 3 y.

from the lfland, and alloat at fea. 8. if a Marlhail mnltcs diilrilmtion A fnlnjctll cannot divctl hirnlrlf of the without thc orders of the Admiralty obligation of a citizen, and wantonly Court, he does it at his peril: and the maltea compat} with the enemy of his Court before ilfuing the order, will ¢?0\¤¤')', lllpuhttitlg tt neutrality of g];|'tli!:|;1lIll‘. fraud tlllu lt\|¥¤llil0'|»l*Y ronduél; but certainlyhu tnny (mq- prov (ling for Izttentclnims. 37- 8- 1rlt¤ fttrlt an ctigngcrttetit hy m·.§qu|;,. The right of a priv;ttcer`s CRW W tx-rn. if his itrivrrntnrut is no l-myyoy c;ip;ur·c; is not founded on tl1¢ i¤1’ll°l°’ ahrc to Dfotecl HH!}. ya, Of