Page:United States Reports, Volume 1.djvu/112

Rh 

1784.

appear ftill more plain from their feveral following refolutions, prior to the Confederation ; which were in force at the time of the capture made by Captain Talbot, and which were the ground-work of the ninth fection of the Confederation, ‘‘ November  25, 1775—That it be recommended to the feveral Legiflatures, as foon as poffible to erect Courts of Juftice, or give Jurifdiction to the Courts now in being, to determine concerning captures to be made—If the capture be made on open fea, the profecution fhall be in the Court of fuch colony as the captor may find moft convenient ; provided, that nothing in this refolution, fhall be conftrued fo as to enable the captor to remove his prize from any colony competent to determine concerning the feizure, after he fhall have carried the veffel fo feized, within any harbour of the fame. That in all cafes an appeal fhall be allowed to Congrefs, or perfons appointed by them.—That when veffels are fitted out by private perfons, the captures made, fhall be to the ufe of the owners. December 5. That in cafes of re-captures, the re-captors fhall retain for falvage, according to the time, &c. March 23, 1776. That all veffels and goods belonging to inhabitants of Great Britain  taken on the high feas, by armed veffels of private perfons, and commiffioned, being libelled and profecuted in any Court erected for trial of maritime affairs in any of the colonies, fhall be deemed and adjudged to be lawful prize.—Veffels and goods taken near the fhores of a colony, by the people, or a detachment of the army, fhall be deemed lawful prize, and condemned in the Court of Admiralty of that colony.—Commiffions to be obtained, and bonds to be given for obfervance of inftructions from Congrefs. Inftructions to the Commanders of private veffels of war : You fhall bring fuch veffels, &c. as you fhall take, to fome convenient port of the United Colonies, that proceedings may thereupon be had in due form, before the Courts which are or fhall be there appointed to hear and determine caufes civil and maritime.—You fhall bring one or two of the principal perfons of the veffel, as foon as may be, to the Judge of fuch Court to be examined, and deliver to the faid Judge all papers, &c.—You fhall keep and preferve every veffel, &c. by you taken, until they fhall, by fentence of a Court properly authorized, by adjudged lawful prizes, not breaking bulk nor fuffering fuch a thing to be done.’’ Fourthly—By the maritime law of nations, the appropriation  of jurifdiction to a particular Court of Admiralty, depends upon the capture being infra prœfidia, 3 Blackʃtone, 108. that law regarding proceedings in rem, the acquittal Britiʃh  Court, to the memorial delivered by order of the King of Pruʃʃia Expoʃition des motiʃs.  11. 12. Mod. 143. It would be injurious to nations if it was otherwife ; for it would caufe competition of jurifdiction, and would occafion frauds. The ufual method is fimple and fair. Fiƒthly—The articles in the treaties of The United States with France,  the United Netherlands and Swedem, with relation  to prizes, refer to the cafes of prizes conducted into the ports  of the contracting powers, relying