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Updated: May 20, 2025
From this it follows that every recapture, made at any period of the war whatever, whether the capture may have been legal, or whether it may have been illegal; whether the recapture be made by a Sovran, or by a privateer; ought to be restored to the original owner on a just repayment of the costs and damages of every recaptor, unless the illegality of the recapture precludes the recaptor from the privilege of demanding the indemnification.
The costs and damages paid to the recaptor are termed Salvage. It was the ancient law of this country, that a possession of twenty-four hours was a sufficient conversion of the property, and unless it was reclaimed before sundown, the owner was divested of his property. Thus there was a complete obliteration of the rights of former owners.
If we admit that he may have become so, there would be no further perfect and external obligation on the recaptor to restore property which has become that of the enemy; and on which the first proprietor has lost all claim.
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