of the other, states generally prohibit their
subjects from taking Letters of Marque from a power, without
the permission of their Sovereigns, and many treaties oblige
them also to prohibit their subjects from doing it, as well
as to forbid every species of armaments on the enemy's
account, in their ports. However, the enemy is not justified
in _punishing them as pirates_, when they have letters
patent from one of the powers with whom it is at war,
although their ship may be confiscated."[95]

The laws of the United States have made ample provision on this
subject, and they may be considered as an expression of the general
wish of civilized nations; and they prescribed specific punishment for
acts which were before unlawful.

American citizens are prohibited from being concerned, beyond the
limits of the United States, in fitting out or otherwise assisting any
private vessel of war, to cruize against the subjects of friendly
powers.[96]

In the various treaties between the powers of Europe, in the two last
centuries, and in the several treaties between the United States and
France, Holland, Sweden, Prussia, Great Britain, Spain, Colombia,
Chili, &c., it is declared, that no subject or citizen of either
nation shall accept a commission or letter of marque, to assist an
enemy in hostilities against the other, under penalty of being treated
as an enemy.[97]

The Title to Property taken in War may, upon general Title to
principles, be considered as immediately divested from the original
owner, and transferred to the captor. As to personal property, the
title is considered as lost to the former proprietor, as soon as the
enemy has acquired a firm possession, which, as a general rule, is
considered as taking place after the lapse of twenty-four hours.[98]

Ships and goods captured _at sea_, are excepted from the operation of
this rule. The right to all captures rests primarily in the Sovran,
and no individual can have any interest in a prize, whether made by a
crown or private armed vessel, but what he receives under the grant of
the state.

When a prize is taken at sea, it must be brought with due care into
some port, for adjudication by a competent court. The condemnation
must be pronounced by a prize court of the Government of the captor,
sitting either in the country of the captor, or of his ally. The prize
court of an ally cannot condemn.[99]

[Sidenote: Proceedings Preli