7010. PRIZES, Rules governing.—
The
doctrine as to the admission of prizes, maintained
by the government from the commencement
of the war between England and France,
&c., to this day, has been this: The treaties
give a right to armed vessels, with their prizes,
to go where they please (consequently into our
ports), and that these prizes shall not be detained,
seized, nor adjudicated; but that the
armed vessel may depart as speedily as may be,
with her prize, to the place of her commission;
and we are not to suffer their enemies to sell
in our ports the prizes taken by their privateers.
Before the British treaty, no stipulation stood
in the way of permitting France to sell her
prizes here; and we did permit it, but expressly
as a favor, not a right. * * * These
stipulations admit the prizes to put into our
ports in cases of necessity, or perhaps of convenience,
but no right to remain if disagreeable
to us; and absolutely not to be sold.—
To Albert Gallatin.
Ford ed., viii, 86.
(M.
Aug. 1801)
See Privateers and Neutrality.
