Memoir, Correspondence, and Miscellanies, From the Papers of Thomas Jefferson, Volume 3Jefferson, Thomas
History
Memoir, Correspondence, and Miscellanies, From the Papers of Thomas Jefferson, Volume 3
Jefferson, Thomas
United States -- Politics and government -- 1775-1783; United States -- Politics and government -- 1783-1865
It is somewhat remarkable, that the Supreme Judicial Court of
Massachusetts Bay should allege, that this case did not necessarily
involve a question relative to prize or no prize, when the very jury to
whom the court referred the decision of the case established the fact;
their verdict was for three thousand and nine pounds two shillings and
ten pence, damages, which sum is for the vessel called the brigantine
Thomas, her cargo, and every thing found on board. Hence it is evident,
that the case did involve a question of prize or no prize, and
having received a formal decision by the only court competent to take
cognizance thereof (viz. the High Court of Appeals for prize causes in
England), every thing that at all related to the property in question
or to the legality of the capture, was thereby finally determined. The
legality of the capture being confirmed by the High Court of Appeals in
England, cannot consistently with the principles of the law of nations
be discussed in a foreign court of law; or at least, if a foreign
court of common law is, by any local regulations, deemed competent to
interfere in matters relating to captures, the decisions of admiralty
courts or courts of appeal, should be received and taken as conclusive
evidence of the legality or illegality of captures. By such decisions,
property is either adjudged to the captors or restored to the owners;
if adjudged to the captors, they obtain a permanent property in the
captured goods acquired by the rights of war; and this principle
originates in the wisdom of nations, and is calculated to prevent
endless litigation.
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