Page:United States Reports, Volume 1.djvu/120

Rh 

1784.

ʃite oƒ the Adniralty. The King's Proctor, upon the ufual monition, got a fentence of condemnation for the whole, in order to make them account. In brief, they had eƒƒects in their hands, which by the maritime law of England, belonged to the King or his Admiralty, and they were obliged to account for them according to that law, 12 Mod. 13c. Lord Mansƒield calls it a proceeding ''in rem. Le Caux and Eden,'' in the notes. The fecond cafe was of the fame kind, and was decided on the fame principles. It was further faid by the Council for the Refpondents, that the Court of Admiralty that firʃt proceeds in fuch a cafe as the prefent, acquires an exclufive right of deciding upon it, in the fame manner as the nation that firft commences a judicial procefs againft pirates, may pronounce fentence againft them. To fay no more on this comparifon, it is fuficient to obferve, that fuch a right may be attributed to the attrocity of the guilt, as the offenders are hoʃtes humani generis.

If the coming of Trefpaffers, or of the veffels in which they trefpaffed upon the high Seas, within the power of a Judge's jurifdiction, authorifes him to proceed againft them, to what confufion may it lead ? A capture is made from an enemy ; afterwards friends trefpafs againft the prize, and arrive in, ports the fate of the prize being unknown. They are profecuted in one or more Courts of Admiralty. The prize at length arrives in a different port, and is libelled in a different Court of Admiralty, for condemnation is the ufual manner. What contefts for jurifdiction muft enfue ? ‘‘ ₢uod inconveniens eʃt non licitum eʃt. ’’

We are unanimoufly of opinion,, that the Judge of the Admiralty for this ftate, had jurifdiction in this caufe, and that the appeal to us in regular. We decree, that the Refpondent recover and have of the Appellants, 1. 1415s.4d. with cofts, except thofe in this Court, of which each party is to pay a moiety. See Poʃt. Purviance vs Agnus.