STATE PAPERS. 
To his Excellency Jy. Jax, Esq.&c. 
STR, 
IHAVE the honour of sending 
the paper drawn up by Mr. Nichoil 
and myself; it is longer and more 
particular thin perhaps you meant ; 
but it appeared to be an ‘error on 
the better side, rather to be too mi- 
nute, than to be too reserved in the 
information. we had to give; and 
it will be in yourexcellency’s power 
either to apply the whole or such 
parts as May 2ppear more imme. 
diately pertinent to the objects of 
your inquiry. 
I take the liberty of adding, that 
I shall, at all times, think myself 
much honoured by any communi- 
cationsfrom you, either during your 
stay here or after your return, on 
any subje@t in which you may sup- 
pose that my situation can give me 
the power of being at all uscful to 
the joint interests ot both countries ; 
if they should ever turn upon points 
in which the duties of my official 
station appear to me to impose upon 
me an obligation of reserve, I shall 
have no hesitation in saying, that I 
feel them tobe such: on any other 
points, on which you may wish to 
have an opinion of mine, you may 
depend on receiving one that is 
formed with as much care as I can 
use, and delivered with all possible 
frankness and sincerity, 
I have the honour to be, 
With great respect, &c. &c. 
Wo. Scorr, 
‘Doors Commons, London, 
10th Sept. 1794. 
[ Paperinclosed in the foregoing letter. ] 
~ Sur, ; 
WE have the honour of trans- 
mitting, agreeably to your excel- 
lency’s request, a ‘statement of the 
general principles of proceedings in 
471 
prize causes, in British courts of 
admiralty, and of the measures pro- 
per to be taken when a ship and _ 
cargo are brought in as prize wathm 
their jurisdi@ions. : 
The general principles of pro- 
ceeding cannot, in our judgment, 
be stated more correttly, than we 
find them laid down in the follow- 
ing extra@t from a report made to 
his Jate majesty in the yeat 1753, 
by Sir George Lee, then judge of 
the prerogative court, Dr. Paul, 
his majesiy’s advocate general, Sir 
Dudley Rider, hismajesty’s attor- 
ney general, and Mr. Murray (afcer- 
wards Lord Mansfield) his majesty’s 
solicitor general. 
“© When two powers are at war, 
they have a right to make prizes ot 
the ships, goods, and effetts of each 
other, upon the high seas :—what- 
ever is the property of the enemy, 
may be acquired by capture at sea; 
but the property of a friend can- 
not be taken, provided he observes 
his neutrality. 
“« Hence the aw of nations has 
established, 
‘« That the goods of an enemy, 
on board the ship of a friend, may 
be taken. } t 1S Hf 
“That the lawful goods of a 
friend, on board the ship of an 
enemy, ought to be restored. _ 
‘¢ That contraband goods, going 
to the enemy, though the property 
of a friend, may be takenas prizes ; 
because supplying the enemy with 
what enables him better to carry 
on the war, is a departure from 
neutrality. } 
‘« By the maritime law of nations, 
universally and immemorially re. - 
ceived, there is an established me- 
thod of determination, whether the 
capture be, or be not, lawful prize. 
© Before the ship, or goods, can 
be 
