The Original Understanding of the Capture Clause
AD Simowitz - DePaul L. Rev., 2009 - HeinOnline
DePaul L. Rev., 2009•HeinOnline
… This Article shows that the majority view of the Capture Clause as a provision that governs
only property is based on a faulty and even perhaps disingenuous statement from 1833.13 This
Article will also show that the majority view is inconsistent with the admiralty law of the late
eighteenth century and with later … To understand the debate over whether "captures on land
and water" covers persons or only property, one must first understand the larger debate: whether
the Capture Clause and the Marque and Reprisal Clause constitute independent substantive …
only property is based on a faulty and even perhaps disingenuous statement from 1833.13 This
Article will also show that the majority view is inconsistent with the admiralty law of the late
eighteenth century and with later … To understand the debate over whether "captures on land
and water" covers persons or only property, one must first understand the larger debate: whether
the Capture Clause and the Marque and Reprisal Clause constitute independent substantive …
The Congress shall have power... To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water. 1
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