In Holland (1) there are ancient and regular tribunals for the administration of Maritime International Law.

In fact, no civilized State which has a commercial or an armed navy is without them (m). There are different forms of procedure in different States, but the principles of the law, and the rules for ascertaining the truth of facts, ought to be, and, as a general proposition, are, pretty much the

same.

The proper constitution of these Courts, and the due administration of justice therein, has not unfrequently been matter of positive stipulation in Treaties (n).

One instance may be cited by way of illustration, taken from Mr. Pitt's Commercial Treaty between France and England in 1787. "Their said Majesties," it is there said,

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being willing mutually to treat in their dominions the "subjects of each other as favourably as if they were their "own subjects, will give such orders as shall be necessary "and effectual, that the judgments and decrees, concerning prizes in the Court of Admiralty, be given conformably "to the rules of justice and equity, and to the stipulations "of this treaty, by judges who are above all suspicion,

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Cf. Colecion de los Tratados de Paz, Allianza, Neutralidad, &e., por Joseph Antonio De Abreu y Bertodano.-Ed. Madrid, 1740. His collection begins in 1598 (Philip II. and Henry IV.), consists of eight small folios, ending 1700, and contains Treaties between France and Spain. It has a continuation, published at Madrid in 1796, of Treaties from 1701 to 1736; a work valuable for its accuracy, fulness of detail, and beauty of type and paper.

(1) De Martens, Hist. des Armateurs, s. 7, notes.

For the Dutch Laws on the subject he refers to Instructie voor de Collegienter Admiraliteyt in dato d. 13 August, 1597, in the Recueil von Placaarten, C. D. L. P. i. 26.

(m) Azuni, Droit Maritime de l'Europe (Paris, 1805), II. ch. iv. Des Tribunaux des Prises. The account is meagre, but useful.

The Swedish are to be found in a folio volume, published at Orebro in 1831, by Lindh, entitled Ny Lag. Samling, Första Häftet innehallende de tyra förste Balkarne af 1734 ars Lay.

(n) Cf. Traités de Commerce, D'Hauterive et De Cussy, t. ix. p. 374, tit. Prises et Reprises.

"and who have no manner of interest in the cause of dispute" (o).

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CCCCXXXIX. The constitution of the Prize Court in England is in its origin much the same as that of similar tribunals in other countries.

It is the Court of the Judicial Lieutenant of the Lord High Admiral, which for more than a century it has been the practice of the Legislature (p) and the Crown, at the breaking out of every war, to clothe with the authority of a Prize Court, such authority being limited to the continuance of that war.

What amount of international authority it might possess irrespectively of such statutes is not an uninteresting inquiry, but one of which the discussion would occupy an undue space in the present work.

But there is no reason to doubt that it has such authority exclusive of the Prize Acts.

"It is the common practice" (Lord Stowell observes) "of European States in every war, to issue proclamations "and edicts on the subject of Prize; but till they appear, "Courts of Admiralty have a law and usage on which they "proceed, from ancient habit and practice, as regularly as "they afterwards conform to the express regulations of their "Prize Acts" (q).

Sir L. Jenkins says:

"A mere routine and common experience will not do the "business of a Register of the Admiralty, as it doth in "other posts not unlike it. A man must in this place have "a stock of Civil Law, and endeavour to increase it, by "searching into the style and practice of Maritime Courts

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beyond the seas (which alters and varies considerably "in a few years); and he must be skilled in the neighbour

(0) Chalmer's Collect. of Treaties, vol. i. p. 536, art. xxxii.

(p) From the 13 Geo. II, c. 4. A.D. 1740, Prize Acts have been regularly issued.

(1) The Santa Cruz, 1 Rob. Adm. Rep. p. 63.

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languages, French and Dutch at least (otherwise he "must make use of a deputy, in taking the depositions of foreigners, which hath many great inconveniences in it); "these Mr. Bedford hath perfectly, having sojourned abroad "a considerable time in foreign parts, in order to acquire

"them

"Another thing is, that this Court is one of the King's "Courts of Justice, where foreigners almost of all nations are suitors; and 'tis for the reputation of the Government "that such a trust be committed to a person that is to be responsible in his own right; and to one that will have a "concern that nothing of male-administration, either through ignorance or corruption, be charged upon him. For miscarriages in this post have sometimes come at last to public sharpness and resentments between our and other neighbouring nations” (r).

The appeal from the Prize Court lay formerly to Lords Commissioners appointed by the Crown, which sometimes also granted a Commission of Review (s): it now lies to a Judicial Committee (t), composed of eminent lawyers of all branches of the profession, who are also Privy Councillors.

This appeal is final. The form of the sentence of this Court is a recommendation to the Crown to confirm or reverse the sentence of the Court below; but in substance and effect the recommendation operates as a judgment. The

(r) Life of Sir Leoline Jenkins, vol. ii. pp. 709, 710.

Letter to Samuel Pepys, Esq., Secretary to the Lords Commissioners of the Admiralty.

(s) Life of Sir Leoline Jenkins, vol. ii. p. 721.

(t) 2 & 3 William IV. c. 92, and 3 & 4 William IV. c. 41.

6 & 7 Victoria, c. 38.

But it is provided that nothing in the 3 & 4 Will. IV. c. 41, contained shall impeach any Treaty or engagement with a Foreign Power by which it shall be stipulated that the appeal in cases of Prize shall belong to another jurisdiction, but that the judgment of any persons appointed by such Treaty shall be of the same force as if the Act had not been passed.

Crown never is, and perhaps constitutionally could not be, advised to do otherwise than adopt the recommendation of her Judicial Privy Councillors.

The whole proceedings in the Court of Appeal, as in the High Court of Admiralty, are conducted in an open Court, accessible to everybody, of which the Reports are duly published to the world.

CHAPTER III.

THE PRINCIPLES AND PRACTICE OF THE PRIZE TRIBUNALS-GENERAL OUTLINE.

CCCCXL. IN the year 1794 (a) Sir W. Scott and Sir J. Nicholl, the two civilians best acquainted with the jurispru dence and procedure of the Tribunal of Maritime International Law, wrote an answer to a letter of inquiry upon this subject from the American Ambassador, Mr. Jay, which answer contained an outline of the principles and practice of these Courts. Judge Story refers to it as in all respects satis factory. The North American Prize Courts have seldom if ever departed from the rules contained in it.

It is extremely valuable, both on account of the authority of the writers themselves and on account of their unreserved adoption in this letter of the celebrated Memorial of 1753, which has been often referred to in this work.

This remarkable letter (b) is in the following terms:

"SIR

"We have the honour of transmitting, agreeably to your Excellency's request, a statement of the general principles "of proceeding in Prize Causes in British Courts of Admiralty, and of the measures proper to be taken when a ship " and cargo are brought in as Prize within their jurisdictions. "The general principles of proceeding cannot, in our judg

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(a) Pratt's Story, p. 1.

Wheaton on Captures, Appendix.

1 Wheaton's (Amer.) Reports, p. 494, Appendix, n. ii.

(b) It was enclosed in a civil and formal note to Mr. Jay, the American Minister.