dispute, which the captor cannot obtain but on the refusal
of the claimant to give security for the appraised value. After a
sentence of condemnation, the captor has a right to the possession;
the execution of the sentence is not suspended by an appeal, but the
party appellant gives good and sufficient security to restore the
cargo, or its full value, in case the sentence is reversed.[103]

[Sidenote: Where Prize Courts can be held.]

Having explained shortly the operation of the Prize Courts, it must be
observed, that the Prize Court of an Ally cannot condemn. Prize or no
prize is a question belonging exclusively to the courts of the country
of the captor. The reason is, that the Sovran has a right and is bound
to inspect the conduct of the captors, for he is answerable to other
states for the acts of the captor. The Prize Court of the captor may
sit in the country of a co-belligerent or an ally, because there is a
common interest between such on the subject, and both governments may
be presumed to authorize any measures conducing to give effect to
their arms, and to consider each others ports as mutually
subservient.[104]

It is not lawful for such a court to act in a neutral territory; and
it was at one time even doubted, where property had been carried into,
and was lying in a neutral port, whether the validity of the capture
could be determined even by a Court of Prize established in the
captor's country; because it was thought that the possession in reach
of the court was essential to the exercise of a jurisdiction in a
proceeding _in rem_. The principle was admitted by Sir Wm. Scott to be
correct, in the case of the Henrick and the Maria;[105] but he
considered that the English Admiralty had gone too far in supporting
condemnations in England, of prizes abroad in neutral ports, to permit
him to recall the vicious practice of the Court to acknowledged
principle.

[Sidenote: Judgments of Prize Courts conclusive.]

The jurisdiction of the Court of the capturing nation is conclusive
upon the question of property in the captured thing. Its sentence
settles all further dispute between claimants; and if that sentence is
manifestly unjust, or against the Law of Nations, the state is alone
responsible, and not the captors. An unjust sentence is a good ground
for issuing commissions of Reprisals. Numerous treaties between the
different powers of Europe, regulating the subject of Reprisals,
declare that they shall not