An Essay on Privateers, Captures, and Particularly on Recaptures, According to the Laws, Treaties, and Usages of the Maritime Powers of Europe

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1801 edition. Excerpt: ... SECTION U. 'The Principles of the positive Law of Nations on tbi Subject of Recaptures* 55 GENERAL OBSERVATIONS. WHAT has been already said seems to prove sufficiently that a multitude of cases may offer on the subject of recaptures doubtful enough, and also difficult enough to resolve, to shew that we ought not to abandon them to the understanding alone, and to the opinion of any single judge, whose good fense is not always sufficient to produce, amid so many difficulties, uniform, just, and equitable decisions; besides, the good fense of one judge is not always that of another, and the very great value which such an one affixes to his own, is not always a proof of his insallibility. Consequently it is of infinite importance to determine by laws, conventions, and mutual declarations, what is liable to be viewed in such different lights, by the aid of mere reason. Add to this, that whatever may be the system we embrace, there may be in it sound reasons by which to attain positive determinations, by deviating in some some points from the law of nature, or by adding to what it prescribes. Admitting that the captor becomes proprietor ofhis prize when he has conducted it into a place of sasety, we may find it useful to determine, whether he shall also become proprietor of it, if he has been in possession of it during a certain time, for instance twenty-four hours. Thus, if we admit, that according to the law of nature a recapture ought always to be restored to the first proprietor, the want of encouragement for the soldier by the allurement of plunder, and for the privateer by that of prizes, added to the mutual inconveniences which a multitude of suits of reclaim" may produce, especially when after a considerable time the proof of the...