ions,
property is either adjudged to the captors or restored to the owners;
if adjudged to the captors, they obtain a permanent property in the
captured goods acquired by the rights of war; and this principle
originates in the wisdom of nations, and is calculated to prevent
endless litigation.

The proceedings of the Supreme Judicial Court of Massachusetts Bay are
in direct violation of the rules and usages that have been universally
practised among nations in the determination of the validity of
captures, and of all collateral questions that may have reference
thereto. The General Court of Massachusetts Bay, among other things,
kept this point in view, when they referred the case of Mr. Pagan to
the consideration of the justices of the Supreme Judicial Court, and
authorized the court to grant a review of the action, if it should be
found that by the force and effect allowed by the law of nations to
foreign admiralty jurisdictions, Mr. Hooper ought not to have recovered
judgment against Mr. Pagan. But the Supreme Judicial Court have not
only evaded this material consideration, upon which the whole question
incontestably turns, but have assumed a fact in direct contradiction to
the truth of the case, viz. that the case did not involve a question of
prize or no prize. Moreover, they have denied Mr. Pagan the benefit
of appeal to that court which is competent to decide on the force of
treaties, and which court, by the constitution of the United States, is
declared to possess appellate jurisdiction both as to law and fact,
in all cases of controversy between citizens of the United States and
subjects of foreign countries, to which class this case is peculiarly
and strictly to be referred.

From the foregoing abstract of the case of Thomas Pagan, it appears that
he is now detained in prison, in Boston, in consequence of a judgment
given by a court which is not competent to decide upon his case, or
which, if competent, refused to admit the only evidence that ought to
have given jurisdiction, and that he is denied the means of appealing to
the highest court of judicature known in these States, which exists in
the very organization of the constitution of the United States, and
is declared to possess appellate jurisdiction in all cases of a nature
similar to this.

For these reasons, the undersigned begs leave respectfully to submit
the whole matter to the consideration of the Secretary of State, and to
request him to take s