The Providence news. (Providence [R.I.]) 1891-1906, 1898-05-26
Division
-of-
PrizeMoney

and liners In the West Indies and the
enormous aggregate values Of these
prizes raises the question as to their dis
position and the apportionment Of the
proceeds. It Is difficult to treat sub
ject Of this nature without bringing in
more or less collateral materia, which
bears directly or indirectly upon the
rights Of belligerents with respect to
naval prizes. but an attempt will be
made in the following review to define
the rights of captors and trace the cap
live schooner from the time she "heaves
to- to the auction block and the dis
tribution of the proceeds arising from
her sale among tho parties entitled to-
reward.
The capture of the enemy's ship
does not, as popularity supposed, convey
any title to the vessel or to her cargo.
The capture simply gives the prize crew
the opportunity to take the ship into
port and await condemnation proceed
fngs by court Of competent jurisdic-
tion. If the captor cannot take his prize
to a native port, he may sell 1t in a
neutral port and then deposit the prize
money received with the prize court In
his own country. The captor may in
case of necessity destroy the prize or al
low her owner to ransom her. The goods
of an enomy or the ships of neutral
may be seized, but the noncontraband
goods ON an enemy's ship may not be
taken. Contraband goods may be seized
wherever and whenever found. Upon
this subject the Paris declaration OF
1866 provides that "the neutral flag
covers enemy's goods except contraband
of war; that neutral goods, except con-
traband, are not liable to capture under
the enemy's flag" These rules, al
though not binding ON the United States,
were observed by them during the civil
war.
The prize must be taken on the high
seas or in territorial waters Of one Of
the belligerents, and must be taken by
an armed vessel duly commissioned by
the sovereign of the captor. A capture
made in neutral waters is in violation
of neutrality and may be restored at the
discretion Of the neutral power. On
this subject most nations Lave municipal
regulations All public ships Of war
within signaling distance are usually
entitled to share in the proceeds of the
capture This rule was Incorporated in
the United States code of prize law, act
of congress, June 80, 1864. After the
capture has been made the next step is
the determination of its legality. 1t Is
now an understood principle of interna-
tional law that this must be determined
by a qualified prize court. Captors
should send their capture to a conven-
lent native port or to the port OF an al
lied nation for adjudication. They may
forfeit their rights by misconduct in
this respect. ~
The prize act Of the United States is
based upon article 8, section 2 Of the
constitution, which provides that "the
judicial power shall extend to all cases
of admiralty and maritime jurisdic-
ton" The prize courts are tho district
courts, the state courts having no stand
ing in admiralty matters
The venue of the prize court is desig-
mated by the secretary of the navy, but
should the secretary of the navy omit to
make such designation the captors may
designate the district. The United
States district attorney in the designat-
ed district then files a libel against the
prize property and forthwith obtains a
warrant from the district court directing
the United States marshal to take the
prize in custody. Three prize commits
sioners are then appointed by the court,
one of whom must be a retired naval
officer, whose appointment must be ap-
proved by the secretary Of the navy.
This naval officer cannot receive any
Compensation for his services as COM
missioner in addition to the pay he re-
ceives from the navy and it is his duty
to protect the interests of the captors
and of all departments of the navy in
the prize property. At least one OF the
other members of the commission must
be a member Of the bar of the court of
not less than three years standing and
acquainted with the taking Of deposit
tions.
1t is the duty Of the prize master to
seize all the documents of the captured
ship, including the logbook, and for
ward them to the prize commissioners
with explanations Of missing papers and
of alterations in submitted papers. In
terrogatories are prepared by the court
for the use of the commission and the
case is heard on deposition Of witnesses
The pleadings are not technical, and
where the amount involved exceeds $2.-
600 an appeal lies TO the supreme court
of the United States. The flag Of the
captured vessel is regarded as prima
facie evidence only Of the nationality of
the captured vessel, but the registry Of
the captured vessel, her commission and
other papers found ON board are conclu-
sive evidence Of nationality. The SEN
tence of prize commission is judg-
ment in rem. The high court of admi-
rally in England has jurisdiction as a
prize court throughout the British do
minions After the prize commission in
the United States receives all the EVIL
dence it reports to the court, and the
decree is entered, the captured vessel Is