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

wv souuUles rs absolute aad complete. as IL ne
farther hostihtes could be any where exercised
ana AS IL the treaty had been concluded fer a
century.
Thetrue ques Ion then is, whether n lav,a,
possession oanbe Invested by an .st,ie force in
Time OF peacef Merely to put THIS question is
Sufncient to answer il. Peace is that state I'M
wnich rigpts ace discussed and claims made ami;
caoly, and by the ordinary proceedings of courts
OF law; to settle them by violence is peculiar TO
,'"'e ol war. he restoration of peace aiinuls
an AZ modes OF force; they become uiilawful.-
there can be no lawful fighting in time Of
peace. The question is not limited to this par
tlcuiar case Here indeed there was no she'd
uniS OF blood, butt was seizure by force, a
mere submission to superior bower Ifit was
ia"iu! SO TO take vessel, it would be equally
ia"iui 70 apply force in case of resistance A re-
capture might equally be made by a battle
any OF our ships ofwar under the same circum-
Stances, might be retaken from the Americans.
OF any OF theirs might be retaken bvus in the
most sangulnary engagements. Ifnothin- short
oI sentence OF condemnation could cxtinr-,iish
,ne rlght OF recaPture it might exist to a very
lohS and indefinite period Sims taken in the
East Indies might be lively e-rnonth 81, more he
iSre they could get home to be condemned. Can
Illat De state ofpeace in which shiGs might
,"Wlulty engage, or IN which scenes of bloodshed
Detween the vessels oftwo nations might lawfully
be exhibited : Can such a state sube,st af,e. I
mas been exPresslyagreed by treaty that all hos
tilitles shall ceasei Is the forcible capture of
or is 1t not an act Of hostility? IF It's, il is
prohibited by the treaty.
~ IS sad that the treaty does not stpulate that
vessels recaPturedshall be restored. The words
ate d general as possible. The restitution is not
tbo ITn. 70 vessels belonging to the subjects of
uie United states, expressions to be found in
many treaties, and (which orssomething equiv
aren't would probably have been introduced, if
S"0h iilu peen the meaning of the two govern
tne''s, put the words are Sc all vessels and ef.
eeS &c say that recaptue Is not a capture
y mere hnesSe and equivocation Such re-
oSPtuIes' rs well as other captures are literally
comprehepded under the treaty, they are " vcs.
seiS and effects which have been taken, since
the tune limited
independent of the hostility of the act Of &c.
cPture, and of any particular stipulations in the
u aty, tue light of possession in the cantor was
completed by the intervention of peace, and all
TlSht OF recovery in the original owner was bar
reo.lhe utl possidetes is the basisof every trea
OF peace, unless SO faras it is otherwise agreed.
All InhSs continue in the state in which thew
arc found when the treaty takes effect, unless #
rs ~ ueciiTed otherwisc,-Where the tree falls
lnere ~ must lie All the rules to determine
"heil uie title by capture is final are founded
upon one principle laid down BY Grotius. that
Niie capture is complete when all hope of recoy
cry Is certainty lost when the recovery becomes
unlawful, The conclusion of peace is there
e - eriectual tor that purpose, carrying in
IRA ProSlda, condemnation, or any other Cir
cumstancesi which have been fixed upon ST
Martens and other writer's, who have been al
ready quoted, admit, that peace gives the final
ana perfect title to captures. So Sir William
scott, IN the Schone Sophie, says expressly, that
, me title OF the former owner is completely
~ co 20 by tee intervention ofPeace, which has
the ertectof quietmg all titles ofpossession aris
ing from war" And with respect to sunno-
sed recovery ofthis vessel to the former n,rpcr
by sort OF postliminum, it is Justly observed by
passei, (Liv. Ill. Oh. II. S. 226) that since the
uRhgs which the treaty of peace saws NOTHING.
continue m the state IN which they were found nj
the moment when the peace was concluded. and
are taciuy ceded to the possessor, the RIGHT of
Posthmt1uu' has no place after peace is con-
ciuded, 1t relates entirely TO the state of war. %
AN argument has been raised, and much COM
passion excited, by supposition, that, if th,
Prize IS restored, the British master and crew
FOUND on board must berestored likewise TO state
OF captivity For this there is no foundation
Whatever. The treaty provided that from the
ratification there shall be an universal peace be.
tween the people of the respective countries. and
they can no longer hold each other in state of
captivity.
Such Is the construction which am induced
to give to this treaty, as applied to the present
case. On behalfoft the country which + n some
measure represent, I think it my duty to give il
an enlarged & liberal Interpretation according TO
the true meaning of the parties, free from all So
phlstry and chcane, and such as becomes a great
nation to adopt. And think that in so doing
consult the real advantage OF my country, more
nan by any Pecuniary benefits which individuals
might acquire from contrary mode of nroceeJ.
ing.
therefore decree the restitution of this ves-
sci and cargo to the owners of the American
prvateer; but as it seems in some measure TO
be new question, and the nearest of the trans
action to the limits assigned for recaptures might
IN some measure Justify the re-captors IN bring
ing the vessel in for enquiry, shall direct all
parties 70 bear Their proportion of the expenses
incurred, by paying their own costs.
From the National .qdrocate.