Bushrod Washington

“ It would ill become any Court of justice, and much less an American Court, to bestow a reward on a person who had thus violated the laws of the United States in one instance, and meditated a violation of them in another: and it would be still worse to give such reward at the expense of the injured Spaniard. ”

“ If after leaving the jurisdiction of the United States any of those Frenchmen had entered into the service af foreigners, this is a crime personal to themselves and which cannot affect the privateer or her prize, unless by the captain's original procurement, he knowing them to be American citizens. Would the evidence, which the Court will of course read, be sufficient to establish the penalties under the act of congress? If not, it will not be sufficient to establish the forfeiture of vessel and cargo as against the captors whose possession I consider firm under the capture. ”

“ He cannot be looked upon as a pirate, because he has acted openly under the authority of at least a regularly executed commission, and in full communion with the consul of his own nation at New Orleans. If not a pirate he was a legal captor as far as respects the commission. But it is said that the equipment of the L'Epine, by force of which she made the capture, in question was contrary to the laws of the United States, and that therefore our Courts have a right to restore the prize. The inference of law may be true, but the fact is not established. ”