554 ORAL ARGUMENT OF SIR RICHARD WEBSTER, Q. C. M. P. 



diction. There is no relation, forgive me for a nionicnt if I enlarjje 

 ui)()n it — tliere is no relation between tlie otfenee and the punishment. 



Senator Morgan. — 1 do not understand. Sir Kichard, that the juris- 

 diction of a Prize Conrt depends upon the fact that there is an existing 

 state of war. 



Sir liiciiARD Webster. — There must be either an existing state of 

 war or an arrangement by treaty between the parties. 



Senator Morgan. — I tliink not. 



Sir KiCHARD Webster. — Well Sir, I speak subject to correction. I 

 am aware of the slave trade conventions, whereby vessels were allowed 

 to be taken in and condemned as between two nations. 



Lord Hannen. — The prize court is usually assigned to the admiralty 

 conrt; but I never heard of a prize court except m relation to war. I 

 never heard of sncli a thing. 



Senator Morgan. — What becomes of the cases of the violations of 

 the customs laws? snmggling? 



Sir Richard Webster, — With great deference to Senator Morgan, 

 they would not be enforced in a prize court at all. They would be 

 enforced in a municipal court to which jurisdiction was given by statute. 



Senator Morgan. — Prize jurisdiction. 



Sir Richard Webster. — I beg your pardon. 



Senator Morgan. — Jurisdiction to condemn a prize by capture and 

 confiscation. 



Sir Richard Webster. — I beg your pardon, Sir. I say with the 

 greatest respect that there is not a vestige of authority that a prize 

 court would be necessary in order to put into force a breach of munic- 

 ipal statute. 



Senator Morgan. — I do not mean it is necessary; but it occurs to me 

 that it is the subject of such jurisdiction; that the municipal statutes 

 can confer that power upon the prize court. 



Lord Hannen. — Of course a court may have that power, but by the 

 municipal lawit would have powers analogous to those which are exer- 

 cised by a ])rize court. 



Senator Morgan. — That is exactly the power conferred by Act of 

 Congress upon the courts of the United States. 



Lord Hannen. — That may be; but a prize conrt is something, so far 

 as my knowledge goes, which has only relation to a state of war. 



Sir Richard Webster. — By the law of both countries. 



Senator Morgan. — That seems a national view of it; but every 

 State has the right to give to its courts such jurisdiction. A prize 

 court is a municipal court, and depends for its jurisdiction upon munic- 

 ipal law. It derives its jurisdiction under the municipal law. 



Sir Richard Webster, — It is a confusion of terms. 



Senator Morgan, — I will hear you, with pleasure. 



Sir Richard Webster. — With great deference, it is a confusion of 

 terms. 



Senator Morgan, — I think not. 



Sir Richard Webster. — Suppose a statute passed against smug- 

 gling, — we will take the case of a law, tirst, if you please — that brandy 

 shall be subject to a duty of $5 a gallon. Any person who smuggles 

 brandy shall be liable to a penalty of llOO and the ship, just the same 

 as, according to our law, the ship can be seized and confiscated. 



Senator Morgan. — The ship commits the offence. 



Sir Richard Webster, — If you like. It is immaterial to my pur- 

 pose. The man commits the offence, but his ship is supposed to do it. 



Senator Morgan. — The offence -is attributed to the ship. 



