vey made of an entry which had been previously surveyed. The judge was correct in saying that such subsequent survey must be considered as if made on a removed warrant. Judgment affirmed with costs. 1822. The Santissima Trinidad. (PRIZE.) The SANTISSIMA TRINIDAD, and the ST. ANDRE. The commission of a public ship of a foreign state, signed by the proper No neutral state is bound to prohibit the exportation of contraband In the case of an illegal augmentation of the force of a belligerent cruizer in our ports by enlisting men, the onus probandi is thrown on him to show, that the persons enlisted were subjects of the belligerent state, or belonging to its service, and then transiently within the U.S. The 6th article of the Spanish treaty of 1795, applies exclusively to the protection and defence of Spanish ships within our territorial ju 1822. The Santissima Trinidad. risdiction, and provides only for their restitution, when captured within the same. The 4th article of the same treaty, which proibits the citizens or subjects of the respective contracting parties from taking commissions, &c. to cruize against the other under the penalty of being considered as pirates, is confined to private armed vessels, and does not extend to public ships. Quere, Whether a citizen of the United States, independently of any le- However this may be, it can never be done without a bona fide change But as to captures made during the same cruize, the uniform doctrine of This doctrine extends to captures by public, as well as private armed Case of the Cassius, 3 Dall. Rep. 121. commented on, and confirmed. case. The exemption of foreign public ships, coming into our waters, under an express or implied license, from the local jurisdiction, does not extend to their prize ships or goods, captured in violation of our neutrality. APPEAL from the Circuit Court of Virginia. This was a libel filed by the consul of Spain, in the District Court of Virginia, in April, 1817, against eighty nine bales of cochineal, two bales of jalap, and one box of vanilla, originally constituting part of the cargoes of the Spanish ships Santissima Trinidad and St. Ander, and alleged, to be unlawfully and piratically taken out of those vessels on the high seas by a squadron consisting of two armed vessels called 1822. The Trinidad. the Independencia del Sud and the Altravida, and manned and commanded by persons assuming themselves to be citizens of the United Provinces of the Santissima Rio de la Plata. The libel was filed, in behalf of the original Spanish owners, by Don Pablo Chacon, consul of his Catholic Majesty for the port of Norfolk ; and as amended, it insisted upon restitution principally for three reasons: (1.) That the commanders of the capturing vessels, the Independencia and the Altravida, were native citizens of the United States, and were prohibited by our treaty with Spain of 1795, from taking commissions to cruize against that power. (2.) That the said capturing vessels were owned in the United States, and were originally equipped, fitted out, armed and manned in the United States, contrary to law. (3.) That their force and armament had been illegally augmented within the United States. A claim and answer was given in by James Chaytor, styling himself Don Diego Chaytor, in which he asserted that he was commander of the Independencia, that she was a public armed vessel belonging to the government of the United Provinces of Rio de la Plata, and that he was duly commissioned as her commander; that open war existed between those Provinces and Spain; that the property in question was captured by him, as prize of war, on the high seas, and taken out of the Spanish ships the Santissima Trinidad and the St. Ander, and put on board of the Independencia; and that he, afterwards, in March, 1817, came into the port of Norfolk with his capturing ship, where she was received 1822. The Trinidad. and acknowledged as a public ship of war, and the captured property, with the approbation and consent Santissima of the government of the United States, was there landed for safe keeping in the custom house store. The claimant admitted that he was a native citizen of the United States, and that his wife and family have constantly resided at Baltimore; but alleged, that in May, 1816, at the city of Buenos Ayres, he accepted a commission under the government of the United Provinces, and then and there expatriated himself by the only means in his power, viz. a formal notification of the fact to the United States consul at that place. He denied that the capturing vessel, the Independencia, was owned in the United States, or that she was fitted out, equipped, or armed, or her force augmented, in the ports of the United States, contrary to law. He denied, also, that the Altravida was owned in the United States, or that she was armed, equipped, or fitted out in the United States, contrary to law; or that she aided in the capture of the property in question. He further asserted, that the captured property had been libelled and duly condemned as prize in the tribunal of prizes of the United Provinces, at Buenos Ayres, on the 6th of February, 1818. He denied the illegal enlistment of his crew in the United States; but admitted that several persons there entered themselves on board as seamen in December, 1816, representing themselves to be, and being, as he supposed, citizens of the United Provinces, or in their service, and then transiently in the United States; and that he refused to receive citizens of this country, and actually sent on shore some who had clandestinely introduced themselves on board. 1822. The Trinidad. It appeared by the evidence in the cause, that the Santissima capturing vessel, the Independencia, was originally built and equipped in the port of Baltimore as a privateer, during the late war between the United States and Great Britain, and was then rigged as a schooner, and called the Mammoth, and was fitted out to cruize against the enemy. After the peace she was converted into a brig, and sold by her original owners. In January, 1816, she was loaded with a cargo of munitions of war, by her new owners, who were also inhabitants of Baltimore, and being armed with twelve guns, constituting part of her original armament, she was sent from that port under the command of the claimant, Chaytor, ostensibily on a voyage to the northwest coast of America, but in reality to Buenos Ayres. By the written instructions given to the supercargo on this voyage, he was authorized, by the owners, to sell the vessel to the government of Buenos Ayres if he could obtain a suitable price. She arrived at Buenos Ayres, having committed no act of hostility, but sailing under the protection of the United States flag during the outward voyage. At Buenos Ayres the vessel was sold to the claimant, and two other persons; and, soon afterwards, in May, 1816, assumed the flag and character of a public ship, and was understood by the crew to have been sold to the government of Buenos Ayres, and the claimant made known these facts to the crew, asserting that he had become a citizen of Buenos Ayres, and had received |