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for the decrees of the latter are always sent to the Circuit Court for execution, and therefore the prop erty always remains in the latter court, notwith. standing the appeal.
FURTHER CONSIDERATION OF THE PRAC.
TICE AND PROCEEDINGS OF PRIZE-
[The belligerent right of the United States to interdict all commerce with the insurgents, by a blockade of the ports in their occupation, has been maintained by its naval forces, in superaddition to its other duties, with a noiseless but incessant and efficient activity, and the large number of naval captures that have been made, of property employed in the violation, or attempted violation of this bel. ligerent right, have called into active exercise, for the past eighteen months, the prize jurisdiction of the federal courts of the country.
In the adjudications upon these captures, apart from the great questions of high political import which were considered and determined, many important subjects, connected with the practice and proceedings, in the administration of the law of maritime capture, have been authoritatively adjudged. A brief review of these discussions will make a proper and desirable supplement to the foregoing chapter.
THE DUTY OF CAPTORS.
The duty of The rule which declares it to be the duty of
captors, as soon as possible after the completion of
the capture, to send the captured property into some As to the prop- convenient port, for adjudication, like all general erty captured.
rules, admits of exceptions, in extreme cases, either of physical necessity, or of overruling moral influ
ences. Exceptions to The exception arising out of physical necessity, the rule re. . .
to is illustrated by the cases where the property capbe sent in for tured is a long distance from any port of the cap adjudication.
tor's country, is in a perishing condition, and either the captors have no means of sending it in, or if
they have, it is obvious that it would be of no Physical im- value on its arrival. In such case, it may undoubtpossibility.
edly be sold, and the proceeds of the sale representing the property, will become thereafter the res
on which the prize-court acts, in its adjudication. Exception So too, an overruling moral restraint, may prearising from moral re
sent a sufficient ground of relaxation of the rule which requires adjudication upon the property itself.
This occurred in the case of The British Empire, captured on the coast of Florida, near St. Augustine, which was in possession of the naval forces of the Government of the United States.
The cargo of the vessel consisted mainly of articles of household consumption, and the public authorities of the town, presented a petition to the com mander of the capturing vessel, representin' in strong terms the famishing condition of the inhabitants of the town, for the want of many of the
articles contained in the cargo, that they possessed the means of paying for the same, and beseeching the commander, as an act of humanity, that he would order such portion of the cargo to be sold at auction, in the public mart of the place. This petition was complied with by the commander, the remainder of the cargo was sent to the port of New York for adjudication, and the proceedings in the court of that district were against the cargo sent in, and the proceeds of the cargo sold.
The learned judge, in his decree, while sustaining the action of the captors, under the peculiar circumstances of this case, nevertheless declares the neces. sity of a strict adherence to the rule, as founded in a positive neutral right, and therefore of a most careful scrutiny into such cases as are claimed to present justifiable cause for its infraction. . The necessity of the captors for the use of the Excuse arising
from the necaptured property, in whole or in part, constitutes ce another exception to the rule, which requires the captors. property itself to be sent in for adjudication.
This necessity may be either that of the indi. vidual captors themselves, as where the captured property consists of provisions or supplies, actually required for the immediate use of the capturing vessel, or others with her in the service, or it may be more directly the necessity of the captors' government, as where the captured property consists of arms, ammunition, or of vessels, of the character required, for the use of the government, in the prosecution of the war.
In all such cases, the commander of the capturing Captured vessel, or the Admiral of the fleet, must, of course,
", for the use of be the judge of the existence of the necessity; and, the capturing
vessel or the
in the treas. ury.
government, in every such case, it is the imperative duty of the must be appraised before captors, prior to such appropriation, to cause the appropriation
property which is to be taken, to be appraised hy a competent naval board of survey and appraisement, appointed for that purpose.
This rule of appraisement not only rests upon the right of neutral claimants, but without such appraisement the individual captors themselves lose all benefit resulting from the capture by judicial
decree. The amount An appraisement of captured property, approof appraisal deemed to be priated to the use of the government, in the prose
cution of the war, whether before or after it has been
sent in for adjudication, is considered by the courts No rule re- as standing in the place of the property or its proquiring its
ayment by ceeds; and the amount of such appraisement is the govern deemed to be in the treasury of the government, ment, before final decrce. subject to a final decree of distribution or restitu.
tion, in like manner as if the property had been sold on interlocutory order, and the proceeds depos. ited in the treasury. Without such appraisement, the court is in possession of nothing upon which to base its proceedings for adjudication.
In some instances of the appropriation of captured property, consisting of arms, ammunition, &c., and of steamers suitable to be converted into res. sels of war, the government of the United States has paid the amount of the appraisal to the order of the court, before adjudication, and upon the delivery of the property to the proper officer of the government. There is no reason for such a practice, nor is there any rule requiring it. The amount fixed by the appraisal, is deemed to be in the treasury, subject to the orders and decrees of the