1781.
the law of nations, and for which no action would lie, even on acquittal of the Ship and Cargo. But the possession in this case is no ground for condemnation: For what is the nature of presumptive evidence? It only has the force of evidence whilst it remains uncontested. The possession is clearly accounted for: The ship came into the hands of the enemy by capture; and the prior possession was in the hands of Dutch subjects, and not British subjects. The presumption therefore relied on by the captors is defeated, and the argument founded on the possession is in favor of the claimants.
On the question of Prize or no Prize, what evidence does the law of nations admit for the determination of it?
The national interest of every commercial country requires, that some mode or criterion be adopted to ascertain the ship, cargo, destination, property and nation to which such ship belongs; not only as a security for a fair commerce according to law; but as a guard against fraud and imposition in the payment and collection of duties, imposts and commercial revenues. The peace also and tranquillity of nations equally require, that the like criterion should be adopted, to distinguish the ships of different countries found on the high seas in time of war; to prevent an indiscriminate exercise of acts of hostility, which may lay the foundation of general and universal war. Hence it is, that every commercial country has directed, by its laws, that its ships shall be furnished with a set of papers called Ship Papers: And this criterion the law of nations adopts, in time of war, to distinguish the property of different powers, when found at sea; not indeed as conclusive, but presumptive evidence only. Bills of lading, letters of correspondence, and all other papers on board, which relate to the ship or cargo, are also considered as prima facie evidence of the facts they speak; because such papers naturally accompany such a mercantile transaction.
Such then is the evidence which the law of nations admits on a question of prize or no prize; and it is on this evidence that vessels with their cargoes are generally acquitted or condemned: And therefore, if in this case the papers on board affirm the ship and cargo to be such property as is not prize, there must be an acquittal, unless the captors are able, by a contrariety of evidence, to defeat the presumption which arises from the papers, and can shew just grounds for condemnation. On the other hand, if the papers affirm the ship and cargo to be the property of an enemy, there must be a condemnation, unless they who contest the capture can produce clear and unquestionable evidence to prove the contrary.
The papers on board, the manifest, clearance, bills of lading, the depositions annexed, the certificates of the Chief Justice of Dominica, the French Governor’s passport, and the letters of cor-
