Page:United States Reports, Volume 1.djvu/231

220 

1787.

courts will have their full effect here. But it is not very difcontinuance that will difable a Plaintiff to hold a Defendant to bail in a fecond action ; that will depend upon the circumftances of vexation attending the cafe ; which we, likewife, think it unneceffary to difcufs, in the prefent cafe, as we are clear and unanimous upon the laft point.

The whole learning upon this fubject is collected together and drawn to a point, in the famous cafe of Le Canx v. Eden, reported fupport of their opinion, it appear clearly ;– 1ft, that the queftion of prize, or no prize, is foley and exclufively of Admiralty jurfdiction, and not triable at common law. 2dly, That not only the original taking, but all the confequences, are foley appropriated to the Admiralty. 3dly, That although there may have been a definitive fentence of acquittal in the Admiralty, and that ʃentence conclufive on the queftion, yet for any matter happening confequential to the taking as prize, no fuit will lie at common law ; and that in all thofe confequential cafes, not withftanding the fentence of acquittal, the queftion of prize or no prize muft ftill arife, and the fentence is evidence of a thing which the common law cannot enquire into.

The application of thefe cafes to the caufe before us, is evident and obvious. The original taking of the Suʃanna and her cargo, was by a comiffioned privateer as prize; the carrying her into port, the procuring her condemnation in the maritime court of New-Hampʃhire,  and the fale and diftribution by order of that court, were all confequences of this taking as prize.  And, not withftanding the fentence of reverfal and acquittal, the queftion of prize or no prize will ftill occur.

The anfwer given by the Plaintiff's counfel to the cafes cited in Douglas, is, that in all thofe cafes the facts on which the actions were founded, happened previous  to the decifion of the queftion of prize ; but that in thefe actions the facts which fupport them occurred aƒter  the final fentence of acquittal, when the caufe was at reft, and it was not longer neceffary to examine the queftion of prize ; which ƒacts were, that after the final fentence of reverfal the Defendants were requefted and refufed to reftore the property agreeably to the fentence, and converted it to their own ufe, which is the ground of the action. The diftinction itfelf does not appear from the cafes, to be well founded, as it is not the time when the facts happened, but the connection they have with the original capture, and their being the neceffary confequences of the capture, that gives the exclufive jurifdiction to the Admiralty. In the cafe of Ridly v. Eggleʃield in 2 Lev. 25. there had been a previous condemnation of the fhip and goods as prize in Scotland, and two fubfequent  fales on land, one in Scotland  and the other in England; under which laft fale one of the parties claimed ; yet the court fay that this does not alter the Cafe, being matters confequential upon the original taking, and