Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1801-08-19

as to have taken poCe1ion of the veee!
heJfelf.
1t has, I believe been praaiced in tie
cou1lc of the prefent war, and, if not, is
certainly very practicable to man a prize
and cruize with her for comfortable time
without Tending her in for condemnation.
The property Of fuch veiiel, would not
ltrialy fpeaking, be changed, 70 as to be-
come French veiIel, ard yet it would
probably have been great departure from
the real intent Of Congress, TO have per-
mi,ted irch velel TO cruize unmoleiied.
An armed ihip, under thefc eircurnifances
might have attacked one Of the public
yenels Of the United States. The acts
which have been recited expressly au,ho-
rife the capture of iucl vetiei 70 commenc-
ing hoaili,ies, by private armed fhip,
but not by one belonging to tie public.
To iuppole that a capture would in the
one cafe be lawful, AID in the other un-
lawful or to fuppcie that even IN the IL
United fate of hoRilities in which weweie
placed, two veilels armed and married by
the. enemy, and equally cruizing on Amc-
rican commerce, might the one be law
fully captured, whil- the other, though an
actual ailailant, could not ; or if captur-
ed that the act could only be juGifed from
the probable caufe Of capture furnihed BY
appearances would be to attribute Ca
pricioufnefs to our legiAation en- the fub-
ieet Ct war, which can only be proper
! when inevitable.
There mua then be inciden,s growing
out of thoie aefs of hofility, fecihcally
authorized, which fair contribution Of the
acts will authorize likewiie.
This was obviouny tie ienk Of Con-
grefs.
If by the Jaws Of Congrefs on this iub
ie:f, that body ihall appear to have legif-
lated upon perfect conviction that the
fate Of war in which this country was
placed, was iuch as TO authorize II captures
generally from the enemy if ore gar, Of
the fyiteln !hall be manifeAly foardsd on
this contribution OF the other part, it would
have conGderable weight in rendering GER
tain what might before have been doubt
ful.
Upon critical inveffigation Of the az
of Coogre(s it will appear, that the right
of re-capture isexpreisly given in no Jingle
iniance, but that Of veiiel or goods be.
longing to a citizen Q; the United States.
It VIII slfo appear that the qusntum OF
hlvage is regulated, asit the right TO it
exihed previous to the regulation.
Although no right ORE capture ;sgiv-
en- in terms fer the vchels and goods be-
longing 20 pertors re!iding within the U.
STATES rot teing citizens, yet an act paf-
led 70 early as the 18th Of Jn.l7g8 de.
clares, thu: veHels and goods Of this de-
fcription, when re- captured, fhall be re-
l}cred on paying ialvage thereby plainly
indicating that iuch re-cspture was iuAici-
entity warranted by law to De the founda-
ZION of a claim for iaIvage.
If the re-capture of vefeis Of one de-
fcription, not expressly authorized by the
very terms Of the act Of Corgrefs, be yet
a righ,ful ate, recognized by Coogrefs,
a, the foundation fer claim to ialyagc,
which claim Congrets proceeds to regu-
Iare; then it would teen tha: other re.
captures from the fame enemy areequaliy
rism!uI and where the claim they af-
ford for falvase has not been regulated by
Congreis, fueh claim muie he determined
by the principles Of general law.
In this Gtustion remained the re-cartur-
ed veaeis OF any other power ALTO at war
with France, Until the at Of tie I'd of
March 1899, which regulates tine falvage
denandable from them. Nei,heLby tLat
aa, nc, by any previous act, was.a power
given in terms, 10 re-eapture iuch veGels.
Bu, their re capture was an incident which
unavoidably grew GU; of the fate Of the
war. On toe capture of a French sefel,
having with her as prize, the veflel of
.iach power, the prize was inevitably re-
captured. On the idea thar The recap:u-e
was lawful and thstis was foundation on
,.,,IJ A..1