“ The libel further stated, that the Constitution had, previously to her cruising, been fitted out and armed, or increased or augmented in force, within the jurisdiction and waters of the United States; and also, that she had been manned by sundry citizens or residents of the United States, with the intent that she should be employed to commit hostilities, as aforesaid, in violation of the laws aforesaid. For these causes, the libellant prayed a restitution to him of the Estrella and cargo. ”

“ It is true, they recognise a right in the courts of the United States to make restitution, when these laws have been disregarded, and impart to the courts a power to punish those who are concerned in such violations. ”

“ A neutral nation, which knows its duty, will not interfere between belligerents, so as to obstruct them in the exercise of their undoubted right to judge, through the medium of their own courts, of the validity of every capture made under their respective commissions, and to decide, on every question of prize law which may arise in the progress of such discussion. ”

“ The court is satisfied with the proof which has been made, of the Constitution having had a commission, at the time of making the capture, and that such commission was granted by the government of Venezuela; and also, that the same was lost with the privateer herself, a very short time after the prize-crew took possession of the Estrella. The fact of the sinking of the Constitution is not disputed ”

“ In this way, also, is a foundation laid for a claim by other nations, of an indemnity against the belligerent, for the injuries which their subjects may sustain, by the operation of any unjust or improper rules, which he may think proper to prescribe for those who act under his authority. ”

“ The claimant having proved the fact of an increase of the crew in New Orleans, the onus probandi of showing that the persons enlisted were citizens of Venezuela, transiently within the United States, was thrown upon the captors. The commission, under which the capture was professedly made, being that of a new government, not yet acknowledged by the United States, its commission ought to have been produced, and the seal proved ”