Page:United States Reports, Volume 1.djvu/118

Rh 

1784.

the Courts of Weʃtminʃter-Hall never have attempted too take cognizance of the queftion—Prize or no Prize ; not from the locality of being done at fea, but from their incompetence to embrace the whole of the fubject. ’’

‘‘Theʃe views are anfwered ’’  here in the Court Admiralty, and with as good cautions as in England ;  and as far as a Court of Appeals is concerned, they can be anfwered in this Court as fully as in a Court of Appeals to Commiffioners there.

It feems proper here, to take notice of the objection againft the authority of this Court, founded on the words of the law by which it was eftablifhed, prior to the completion and final ratification of the confederation. It is conftituted “ a Court of Appeals for reviewing, re-confidering, and correcting, the definitive fentences and decrees of the Court of Admiralty, '' other than in caʃes oƒ capture upon the water in time oƒ war, ƒrom the enemis oƒ the United States &c. '' ”

The conftruction of thefe words depends upon the refolutions of Congrefs, the Confederation, and the law by which the Admiralty Jurifdiction is eftablifhed, taken together. If the principles of our preceeding conftruction are right, they apply as aptly here, and the appeal is regular. If it is not, there will be a defect of juftice. The Legiflature intended to give this Court an authority to refigned to a Continental Court of Appeals. This was not refigned. It therefore belongs to this Court. We will endeavour to promote juftice, according to the intentions of the Commonwealth, conveyed in the laws ; and not demit any part of her fovereignty, unlefs we are convinced beyond a doubt, that it is our duty to do fo.

We now return to the leƒt of the ʃecondary queftions. Did the Court of Admiralty take cognizance '' as a Prize Court ?  In confidering this queftion, a very ftrict attention muft be had to the proceedings''  of the Court of Admiralty in this cafe.—That Court was alfo erected by an act of Affembly, prior to the completion and final ratification of the Confederation. It is, to be fure, a Court of Prize, and an Inftance Court, if that mode of expreffion be preferred ; or in other words, the Judge who has but one commiffion, may try caufes of Prize, and other matters of Admiralty Jurifdiction. There is a difference in his proceedings for condemnation in caufes of prize, and thofe in other cafes. His ftile by law is, “ That in cafes of prize, capture or re-capture upon the water, from enemies, or by way of reprifal, or from pirates, the fame fhall be tried, adjudged, and determined, as well as to the queftion whether prize or not, as to the claims oƒ the parties intereʃted or pretending to be intereʃted in the ƒame,  by the law of nations and the acts and ordinances of  grefs