the High Court of Appeals for prize causes in
England), every thing that at all related to the property in question
or to the legality of the capture, was thereby finally determined. The
legality of the capture being confirmed by the High Court of Appeals in
England, cannot consistently with the principles of the law of nations
be discussed in a foreign court of law; or at least, if a foreign
court of common law is, by any local regulations, deemed competent to
interfere in matters relating to captures, the decisions of admiralty
courts or courts of appeal, should be received and taken as conclusive
evidence of the legality or illegality of captures. By such decisions,
property is either adjudged to the captors or restored to the owners;
if adjudged to the captors, they obtain a permanent property in the
captured goods acquired by the rights of war; and this principle
originates in the wisdom of nations, and is calculated to prevent
endless litigation.
The proceedings of the Supreme Judicial Court of Massachusetts Bay are
in direct violation of the rules and usages that have been universally
practised among nations in the determination of the validity of
captures, and of all collateral questions that may have reference
thereto. The General Court of Massachusetts Bay, among other things,
kept this point in view, when they referred the case of Mr.
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