The Portland daily press., 1862-06-27
From the National Republican.
The case Of American Vessels Recaptured
from the Rebels.

In the Senate, on the 18th inst, Mr.. Morrill,,
In behalf of the Committee on Commerce, sub
mitted report upon the memorial eff the own
ers of the ship John II. Jarvis, which develop
es principles Of great practical Importance
The conclusions of this report strike us as
sound, and as likely to be accepted by the
country.
The Immediate case is that of the ship John
H. Jarvis, owned at the North, seized by the
rebels in the Mississippi river, claimed and
condemned as prize of war i'm rebel court
of admiralty, and now recaptured by our naval
forces at New Orleans. The question upon
this case is, whether the ship is a prize of war
to our naval forces, or whether the title re-
mains in her original owners.
We can only give the following brief synop-
sis of the points taken in Mr.. Morrill's report:
1t admits that, by the law of nations, as for
merly administered in prize courts, property
taken by thepublc enemy and recaptured, was
held to be prize, but observes that this practice
has been changed or greatly modified by the
Legislation ofmost modern nations, and the
right Of restitution to the original owner of
property SO recaptured generally adopted.
Thus, the English statute t43 Geo. LII. caput
160) instead of making recaptured property
prize of war, gives to the recaptors salvage
of one-eighth ofthe value. :
The q. s. act of March 8, 1900, does the
same thing, except in cases where the proper
ty has been condemned as prize by competent
authority before recapture thereof" in which
excepted cases, by implication, the recaptured
property is prize of war according to the old
doctrine of the law of nations.
In the matter in hand, Mr.. Morrilrs report
maintains, and as it seems to us with unanswer-
able logic, and with an imposing array of au-
thorities, the following positions:
First, That the right of capture and con-
demnation in prize courts, only appertains to
reorganized nationalties.
Second, That it is the exclusive province of
the political departments of Government, and
not for the judicial department, to determine
in what cases and when to recognize the inde-
pendent existence Of new nationalities, emerc-
ing as such, by revolution against our own au-
thority, or by revolution against the authority
of others.
dH"u, ihae polh the executive and iegisla-
tive authorities of the United States having
steadily resisted the pretensions of the (so-
called) Confederate States" to a separate ma
'ionai eeeseus' anu now continuing 10 treat them
as rebels only, it is not competent for the courts
to treat thcm in any other manner
Ir,on ~. ,,o;n, a.. ~. .,,..e-,..
s.e Poni'' snas ehe Pohucai authoriues
h. L.
must decide when to acknowledge new ma
tonality, Mr.. Morrilrs report saws:
IT..
I -. se..~ p.,,v,pe =; conieneed ior has al
6,,Iv eons;doyod ~ Ji =, oye ~. g Tpeo was
100! IEdr.ard,s asi D. u 'i'1 g, h'll'lh, III
arose nr,,, tha ,a,;anai r. ~ o q.esuoh
n;n,r,, ,,,a,, .,,ds~ ~. di.s',a'; VI ~. 10
,rfa 'sss.,,;a- w VI rIance.
,hasd S....'.I 20 VI ine isilu WERE
s..,s a., Pa.'. =, nsu oeeh "resoeu
s,,r.',s ~ ,...',,ss. psS VI Ian.c 1y .ne IN
~ -. ,,..;s i.au - ue'aeneo from u'e
ipna;,,.;.sai ,.,;sa.;.. ss at' anu .iey had
,''.,,.,,,.. 49, lai, an iioepehueilt
s,a.ss'.' ~. ~ g. s,'' ~ o"n, Nas contehueo,
sd,.ad s'~. ~ sr aso co"io hoe oe con-
III oas.,a, .. - ..,- ~ tA,s La,'o., y.
a. p.;.;e,' y =. appoas nelu u,'ae ihasniuch as
esio Dii''sn uose,ine'i' naa uohe notning 10
ie.osiae a.,, IN, il,1epcnience OF the island, 1t
"es. sun W ne,u 70 pn lhe colony oi France.
MI. haiieek, e.. IN ms t'eatise ON international
law, says. hsNoiutioh pr possession by insur-
SSn's .aiiio. oe icea,us' py prize court as
cnaneins 'ne nauohai chaVacter OF the terri
y 80 oeeuPio. ol possesssd untli tile iact has