the same favour as the ships and subjects of their own state are treated by the ally; or otherwise act on terms stipulated by antecedent treaty, or by convention made on the occasion. (Santa Cruz. Victoria. San Francisco.) It is obvious that arrangements should be made between the allies on a subject involved in so much complication, whenever they engage in war. 1694. MILITARY SALVAGE is distinguished from civil salvage as being the reward of those who rescue ship or property from the foe. Although the officers and crews of ships of war owe to their country the duty of rescuing, if they can, her captured ships, whether of war or of commerce, they are entitled to a fair and liberal reward out of the property rescued. Even the commander and crew of a convoy ship are entitled to a reasonable compensation for recovering a vessel which had been torn from under her wing, although it was her special duty to afford protection. (Wight.) Of course, they may by negligence forfeit all right to such remuneration. 1695. The right attaches upon the property rescued, so that if the enemy again wrest the vessel from the rescuers, their title to salvage is defeated to the same extent as that of the owners, but if she be afterwards again rescued, or if she be released or restored; when title recurs to the owners, it is with the lien of salvage upon it (Whea. 444. Abb. 593. Charlotte), according to the merits and efficacy of the services of the salvors, except so far as it may be affected by any prescribed proportion. 1696. When a neutral vessel is wrested by one belligerent from his adversary, she is liable to salvage, if she would have been liable to condemnation, according to the law of nations, or even according to the practice of the prize court from which she has been rescued, for in such case she has been saved for the owner. (Whea. 439–443. Statira.) But if she was not liable to condemnation, she is not subject to salvage, she has not been relieved from any danger. 1697. The captor of a vessel from a pirate is entitled to salvage, whether she is reclaimed, or belongs to the state in the absence of a known owner. 1698. RATE.-The English law, 6 Geo. IV. c. 49, allowed as salvage for capture from a pirate one-fourth of the value of the ship and cargo. The rate allowed differs in different nations; some treat the ship taken from the pirate as prize of war. 1699. Privateers were deemed worthy of a higher rate of salvage than the public vessels, for the latter were subject to the duty of recovering the ships of their country; but as the privateers were merely commissioned to capture on their own account, they were deemed less bound by this obligation. 1700. Of the value of the ship and cargo retaken before she was set forth for war by the enemy, the allowance for salvage under 17 Vict. c. 18, s. 9, was one-eighth to a ship of war, one-sixth to a privateer or other ship under the Crown's protection, and such amount as the court might think reasonable to a public and private ship jointly engaged in the rescue. 1701. In America, we have seen that the prize, if uncondemned, reverted to the original owner, whether she had or not been set forth by the enemy; the rate of salvage was however different: if set forth, whether armed at the time of her capture or afterwards armed by the enemy, the recaptors were entitled to half her value for salvage; if she had not been set forth, the salvage was one-eighth. 1702. There, a government vessel recaptured by a private ship was liable to pay,-if an armed vessel, one-half; if an unarined vessel, one-sixth of her value. If she were recaptured by another ship belonging to the government, she paid, if armed, one-fourth of her value; if unarmed, onetwelfth. (Whea. 448, 449.) And the cargo in the public armed ship paid the same rate of salvage. 1703. In France, the rate of salvage was one-thirtieth of the value if retaken by a public ship within, and one-tenth if retaken after, a possession of twenty-four hours; onethird if retaken by a privateer within twenty-four hours; but if taken afterwards, she was the corsair's prey. 1704. In Spain, the ship of a subject paid no salvage to the royal ship for the service of recapture; but paid the privateer, if recaptured within twenty-four hours, one-half her value. If recaptured afterwards, she became the prize of the corsair. The ship of an ally, acting on the same terms, was redeemed by salvage of one-eighth of her value to the recaptor if a royal ship, and one-sixth if a privateer. Such were the rates stipulated by her treaty with England. 1705. In Portugal, the salvage was, irrespective of time of possession, one-eighth if recaptured by a king's ship, one-fifth if recaptured by a privateer. In Denmark, the salvage was one-third of the ship's value. In Sweden, it was one-half. 1706. VALUE.-The valuation of the property in respect of which the salvage is payable should be, not at the place of recapture, but that at which the restitution occurs, or the nearest at which it may be advantageously sold. (Progress.) Whether armed or unarmed, the private ship and cargo in general pay the same rate of salvage. When that rate has not been prescribed by positive law, it is in the discretion of the court, and ought to be in proportion to the danger, the expense, and labour incurred, and the efficiency of the service rendered. (Talbot v. Seeman.) Indeed, the principles by which the rate of civil salvage is governed in all respects apply. 1707. APPORTIONMENT.-This is sometimes arbitrarily prescribed by the sovereign; but in the absence of a specific rule, the principle of distribution of civil salvage should regulate that given for military aid. Military salvage is also a strictly personal reward. CHAPTER XIII. PRIZE COURT. "Væ victis."-Eugénie. 1708. PRIZE COURTS can be established only in the belligerent countries. Contrary to all ordinary principles of adjudication, an interested party alone can be the judge. No neutral nation or court can take upon itself the responsibility of adjudicating between two nations, whether belligerents or neutrals; nor have nations entering upon hostilities a right to impose upon neutrals any such responsibility. 1709. If a neutral exercised the judicial office, it might become involved in war with other neutrals, on account of unsatisfactory decisions between the subjects of a belligerent and a neutral state. By sanctioning to some extent this anomalous judicature, each neutral nation retains to itself the right of reclamation against the belligerents for unjust judgment against its subjects. The adjudication of the prize court is not the subject of revision beyond the ultimate court of appeal in the belligerent country as to the title to the particular subject of its sentence; but it is the subject of reclamation on the part of the government of the country whose subject has been wronged by a judgment contrary to the law of nations. 2 Rutherford's Inst. 9, s. 19. Whea. 260-266. 1710. On such reclamations, in some cases a mixed commission of persons appointed by both nations has been constituted to determine complaints of condemnation alleged to be unjust, as between England and America under the treaty of 1794. That tribunal most properly overruled, as between the nations, the objection that the case had been determined by the Lords of Appeal in prize cases. decision gives a right to reparation. Such 1711. When several nations are allied in the war, they in effect constitute one belligerent, and their countries one country, for the purposes of the war. The ships of each may take the captured vessels for trial before the prize officers and prize courts of the ally, and that court has jurisdiction to condemn or acquit them. The allies undertake to neutral nations a common responsibility, a common obligation to make compensation, and a common obligation to support each other. It is necessary therefore that this construction of the law of nations should be consentaneous, otherwise serious danger of disruption of their alliance may ensue. 1712. Every country is, or ought to be, solicitous for the welfare of her own subjects, and must be assumed to be the best judge, not only of their interests, but also of their inducements and motives. 1713. When therefore two nations in alliance are warring against another, each of the allies is entitled to require that if any of the merchantmen belonging to it is captured by the ship of the ally, her trial shall be before the tribunal of her own country. 1714. This principle was acted upon in the convention between England and France for the Russian war in 1854. 1715. When the capture is joint by vessels of two allies, the prize should be brought under the jurisdiction of the country of the superior officer. But if the prize is actually captured by a ship belonging to one of the allies, it should be taken to the port of his country, although the prize was intimidated by even a superior ship of the other. 1716. A belligerent cannot establish a prize court within the limits of the dominions of any neutral nation, even with the consent of the neutral government. Neither its ambassadors nor its consuls can possess any such jurisdiction within the limits of another sovereignty, for which its action may compromise the neutral. It is a breach of neutrality, and a contravention of the laws of nations to permit it. The sentence of a court in such a situation has no force; it |