7005. PRIZES, Condemnation of.—
The
condemnation by the consul of France at
Charleston, as legal prize, of a British vessel
captured by a French frigate, is not, as you
justly [observe], a judicial act warranted by
the law of nations, nor by the stipulations existing
between the United States and France.
I observe further that it is not warranted by
any law of the land. It is consequently a mere
nullity; as such it can be respected in no court,
can make no part in the title to the vessel, nor
give to the purchaser any other security than
what he would have had without it. In short,
it is so absolutely nothing as to give no foundation
of just concern to any person interested in
the fate of the vessel. * * * The proceeding,
indeed, * * * [if the information be correct],
has been an act of disrespect towards the
United States, to which its government cannot
be inattentive. A just sense of our own rights
and duties, and the obviousness of the principle
are a security that no inconveniences will be
permitted to arise from repetitions of it.—
To George Hammond. Washington ed. iii, 558.
Ford ed., vi, 252.
(Pa.,
May. 1793)
