CAPTURE may be simply defined as prize taken in time of war. The law on this subject is stated with precision in a paper addressed on behalf of the British govern ment to the American ambassador at London in Sept., 1794: " When two powers are at war, they have a right to make prizes of the ships, goods, and effects of each other, upon the high seas. Whatever is the property of the enemy, may be acquired by cap ture at sea; but the property of a friend cannot be taken, provided he observes his neu trality. Hence the law of nations has established—that the„,rroods of an enemy on board the ship of a friend may be taken—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 taken as prize; because supplying the enemy with what enables him better to carry on the war, is a departure from neutrality.” The procedure to be adopted for determining whether the C. be or be not lawful prize, is now regaulted by the 8 and 4 Vict. c. 65.
During the Russian war in 1854, there appeared in the London Gazelle, under date the 28th Mar., of that year, a declaration stating, inter alia, that her majesty would
waive the right of seizing enemy's property laden on board a neutral vessel, unless it be contraband of war, and that it was not her majesty's intention to issue letters of marque for the of privateers. The right of seizing enemy's property on board a neutral vessel, whether contraband of war or not. had always before been main tained by England. On the re-establishment of peace with Russia, it treaty was signed, and the following declarations adopted: 1. Privateering is and remains abolished; 2. A neutral covers an enemy's goods, with the exception of contraband of war; 3. Neutral goods, with the exception of contraband of war, are not liable to C. tinder an enemy's flag; 4. Blockades, in order to be binding, must be effectual—that is to say, maintained by force sufficient to prevent effectually access to the coast of the enemy.
As to the right to property captured from the enemy, and its distribution as prize or booty of war among the officers and men of the army and navy, see BOOTY and PRIM