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Southern Historical Society Papers, Volume 7. (ed. Reverend J. William Jones), Official correspondence of Confederate State Department. (search)
f a subordidinate officer, were British subjects. I do not think such a case can be brought within the application of the principle, perfectly well settled, and which in a war like the present our Government ought never to yield, that the citizen of a belligerent State, with or without a commission, may capture enemies' property at sea. That doctrine (as may be seen in the elaborate discussion of the opinions of British and foreign jurists by Judge Story, in the case of the Ship Emulous, 1 Gall. Rep., 563, 55; 8 Cranch, 110--a discussion which Mr. Phillimore pronounces perfectly exhaustive) is founded upon the hostile relations which the mere declaration of war creates between citizens of the contending States. A commission would appear to me indispensable to enable a belligerent to claim for itself the benefit of captures made in its behalf by citizens of a neutral State. Parr's position may be, and in all probability is, very different from that of his associates; but it does n