, 1861-06-08

from the London Times tCity Attlcle) Nay 13.l
TIE LETraR OF NARQUE QUESTION.
The following communication on the cub
ject Of letters Of marque suggests points on
with America are anxious to obtain some def.
1' '.." Msy =. 1861. 70
s1R-The commercial community ls at pres
cut In the greatest uncertainty as to the con-
sequences resulting from The British .gonefn-
sues,f hu.ing deei7cd to concede to tue Southern
Cb4Jedudeyef North america the rights Of bs9it-
ge7ents. A vague Impression seems. to prevail
that Southern prisatesrs would have to bring
their prizes f.fo port Of one Of the seeded
States in order to get them legally condemn
ed, ard IL is generally concluded thst, as the
United States navy is about to establish close
blockade Of NIL Southern rorts, prigateer3,
even II they succeeded In e1uding the block
1t Impossible to bring their prizes into port
for condemnation
The best legal authorities On this subject
seem, however, to establish clearly that eaptdins
can L1ng their prizes into nesstra! ports and hdvs
them condemned snhle lying IN sttch neutral ports
:, find the following in "A5aoid On Marine
Insurance and averages" vol l, P. GIG.
It wss for some time supposed that prize
court, though sitting in the country Of the
captors, bad no jurisdiction over prizes lying
in neutral port, and Lord StoWell in one
case seems to hare acted on this principle.
Subsequently, however, though he still admit
/ ted the correctness Ct the principle, get he
felt himself bound by the contrary practice,
| which had fof 20 long peIiod prevailed, and
| acted npon the rule which ia now definitely set-
| ted and sanaioned-v1z: that the condemnation
Of eoa,t Of fcpsors sitting IN the country Of tac
ccptors upon prizes carried into neutral port and
fxndining le7e, Il raid BY the general usage Of
nations There can be no doubt, and, In
fzct, 1t has been SO decided, that q belligerent
] H. IT, r
lawful jurisdiction to condemn as prize cap
| tured ships brought into the ports Of an ally.
Further, vol. l. page os7, sec. IA, the pro
position is: . ,.:.4 .-
That the sentence Of Foreign Court Of
Admiralty on questions Of prize, is conclusive
its Jurisdiction, and upon which the sentence
on the lace Of it PROCESSES to decide, but upon
Ard again, vol g, page ss4:
And the condemnation in order to be legal
must he pronounced By Prize Court Of the
government Of the captoz, sitting either in
Tho conrfry Of the captor OF Of his ally. The
Prize Court Of an ally cannot condemn, mol
can q Prize Court Of tie csptors lawfully act
as eueh in q neutral Territory !, but The .ffize
Court ef eoffor 1iri.g IN f'1 country Of ny o.'"
sorereign or Of an ally has lagM Jurisdiction
oeer prizes carried into ,aeEtral ports, aud remain
Ing there It the time of passing sentence :
(Smart :. Wolfe 5 7. Rep, 283. Schooner So
| phie, 3 Rob Ad. Rep. 1S8, in note-)
Also In Charles. Lord Tcnterden, revised hy
Sergeant Shee, On Merchant Saipa and SEQ
men" ragc 2Go1:- =
The doctrine Of the British courts proceeds
as It is at once seen, not 60 much upon
it's supposed correctness. ns upon the
general usage Of nations, md particularly O
Great britaln. The question has been Argued
upon principle in the Supreme Court Of the
United Suites, and. aRer elaborate discussion
il has bttn finally at!iu3ged that q condemnation
Of prize property, tchue lying in sscHtra
Port or IN fhe port Of an aHY, Is udlid, and .1loi
be.sfghfjuuy proceeded In ty the courts Of ksA
coptoTs-{Hudson re. Guestier, 4 Cranch, Rep
293, 8. c.; Crunch, 9S1; The Arabel1a m:
Madeira, 2 Gall Reps: 568; Story note t.
American edition, p. lG.)
From these extracts It would seem thst, a
| tho laW stands now, pt1Fateer, With 1-tte1
Of marque issued by Mr. Jefferson Davis, ma
take his prize into any British or other nautr.
r port-say, In the West Indies, in the Pacid'
h Or In European waters, and, while lying theF'
= Eaye her legally condemned by prize conl
! sitting in Charleston, New O.lean5 OF Mobile
}. the sentence Of such court being Virtual
binding upon our courta-
1Iy object In claiming space for these r
0 marks Is to elicit some decided and comp
tent opipioh as to the real state Of the law r
epecfipg this very important subject, an
r either to allay vague fears OF show clearly tt
!. dangers We nay have to guard against
FREDERICK LEMMANN,
Firm Of Nay1or, Vickers d Co.