“ Whether Congress intended this statute should include suits against ships such as the Pesaro is represented to be in the Ambassador's suggestion, when they are within the waters of the United States, is as yet an open question. ”

“ The suggestion was made directly to the court and not through any official channel of the United States. True, it was accompanied by a certificate of the Secretary of State stating that the Ambassador was the duly accredited diplomatic representative of Italy, but while that established his diplomatic status it gave no sanction to the suggestion. The terms and form of the suggestion show that the Ambassador did not intend thereby to put himself or the Italian government in the attitude of a suitor, but only to present a respectful suggestion and invite the court to give effect to it. ”

“ Our authority to entertain the appeal is challenged upon two grounds. One is that the decree is not final, because it does not dismiss the libel. That it does not formally do so is true, but this is not decisive. The suit is in rem-is against the ship. The decree holds for naught the process under which the ship was arrested, declares she is not subject to any such process and directs her release-in other words, dismisses her without day. Thus the decree ends the suit as effectually as if it formally dismissed the libel. ”