Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1815-06-07

.1prii, 1915.
JUDGEMENT. DIN. COOKE.
This j. a vessel originally British, and belong
ing to Messrs. Shannon and Company of Green
ocS. Shewas captured by All American priva-
teer on the 9Th ofJanuary, 1915, and re-captured
ON the 9TH OF March by the Spencer, Captain
Ragget.
There are three parties before the court
captain Ragget claims Salvage as for recap
ture OF British property, being one eighth of the
value
Duncan McCon, of Halifax, has given in
elainl on behalf of MssSrs. Shannon and Compa-
NV, The Original owners, praying the vessel to
be delivered to then ON payment of salvage.
Aud there is the claim of Benjamin Smith, of
ecston, for WindsIow Lewis and Henry Lewis, of
Boston, heowners of the private armed ship the
David Porter, and the Commander, officers, and
crew thereof, as owners of the Legal Tender, I'M
der and by virtue of the capture and of the trea-
'yofPeace. He states in his affidavit, which is
rot contradicted, that the David Porter sailed
from. BostOnthe 18th Deer 1914 lawfully com
lnissioned that on the 9Th ofJanuary, 1915, oil
Lisbon, she captured the Legal Tender, put
crew on board, and ordered her TO the u. States
mat she continued to proceed til the seventh of
S1Tch, When being off Monhegan in lat. 43, A,
y. long. %, Is, w. she was re-captured by the
spencer, and sent to Halifax-He pleads the Sc
eond article of the treaty between Great Britain
'NA -i'tVflCt, WHICH was signed on inc Z4tn ice.
by which II was reciprocally agreed that all yes
seis and effect, which should be taken after the
space 12days from the ratification upon all parts
ei the coast ofNorth America, from the lat %, N.
to 5G, " and as far eastward IN the Atlantic Ocean
as the 36th degree of west long. should be res
tored on either side. That tic treaty was rati-
ned on the 18th of Feb. and that the briyantine
was not therefore liable to capture, within the
said latitndes after the Sd of March, or ifre-cap-
Iuted, ought 10 be restored
lhe article ct the treaty upon which the pre-
sent case depends, was introduced to prevent
disputes, as a similar adjustment has been
agreed upon in many others. 4 treaty cannot be
binding upon the subjects ola state, but so far as
1t is known and notified. In many cases it might
be difficult To ascertan when the knowledge of
IT arrived at any particular part of the world, and
therefore much litigation and many evasions
mlgat occur. By fixing certain periods, accord
ing 10 lie distance OF the places and with refer
ence to the time within which it would be proba-
bic that communication would take place, GER
tain and nyarable rule is obtained, clear from all
probability OF contention or chicane. 1t was adj
United that this vessel was seized before the time
limited for captures had expired, and was recap
turcd after that period. II is argued therefore
on behalf of the owners of the American prlva-
teer, that this vessel became theirs by the origi
nal capture, that the subsequent re-capture was
not lawful under the treaty. and that therefore,
er'Elnd British owners on the other hand con-
tend, that the re-capture was lawful, and claim
restitution under their, former title.
III has been objected by his maesty's advocate
that the person who appears here for the Anne
r.can P-lvatecr is not properly authorised to
clam. But il is proved by an authenticated CO.
{y oil the commission Ofthe privateer, found on
board the re-captured vessel, that Windslow and
Henry Lewis are the owners of the privateer, and
eImth has produced proper warrant of attorney
hoin them TO claim. AS to any right in the cap
tam, officers and crew, that is mere matter of
private agreement between the owners and them
selves, which this court has no business to enter
INTO, nor IS Unnecessary to produce any authority
from them. The ownership is suffice nt IL
tie 70 enable The parties to obtain Testitu-
ton.
As little foundation is there tor for the argu-
Hent deduced from the prize acts, which direct
tdAt II any vessel taken as prize shall appear to
ksye belonged to any of his msjesy's subjects,
and 10 have been before taken by The enemy, and
re-taben, they shall be restored to the former
owner on salvage. That clause is merely do
mestc regulation TO settle the question which
"rses between The original owner, and the re-
GsPlor. in general, the British owner receives
ans property, and tie e captor receives salvage.
ihsoins few cases, as whoTcaVe been fitted
OUT rs ship Of vas, and consequently the dan
ger OF the rccaptor is the greater, the re-captor
- lc"aFueu WIN the whole The mere municl-
Pai regulation Of an act OF parliament cannot be
intended to affect, can it legally affect, the
rights OF foreign nations. They must be decid-
Cd by the general Law Of nations, and by particu-
lar treaties.
II has farther been argued, and great
deal Of learning has been displayed to support the
argument from civilians, writers upon the law of
nations, and The English lawyers, that the first
eaptors had no title right to this vessel under
seizure, tilla legal adjudication that, till
then, ether no right Whatever accrued, or at
iGa9i only to the state, and that therefore the
owners OF the prvateer had no interest to entitle
'2eln 70 clam that as hostllites were extended
- ne treaty, IN some parts Of the world TO one
h-ldTed and twenty days after the ratification,
%ithn which period this re-capmre was made,
1hat The state Of war sti subsisted, and this very
pTlYateer might have been actually employed IN
fapiuring British ships at the time when the
o'OtTs appeared as claimants in a British Court
~ Frzes ana finally, that Che treaty not hay
inS specified re-captures, did not extend to
<hem.
The rule as to the precise time when the right
ef The captor shall vest, and which is understood
20 be he same N the United States as in Great
Britain, is chiefly regulation as between the
state and the captoF. As capturing ships whe-
ther belonging 20 the state or TO individuals, act
- part Of the public force, it is not question
here merely with The individual captors them.
selves, but with the nation at large and it is rot
affected by any such internal regulation. The
Iuic was mon cover introduced To prevep+ the