1781.
But the claimants take a ground which they say will save the cargo at all events; and this ground is the ordinance of Congress, which relates to the rights of neutrality.
Congress, October 1786, taking into consideration the declaration of her Imperial Majesty of Russia, with regard to the rights of neutrality, adopt the principles of the declaration, and appoint a committee to report resolutions conformable to them. Resolutions are reported, and on the 7th of April 1781, before the capture in the present case, pass an ordinance ascertaining a set of instructions for commanders of armed vessels, the 3d. and 4th of which are as follow:
3d. “You shall permit all neutral vessels freely to navigate on the high seas or coast of America, except such as are employed in carrying contraband goods, or soldiers, to the enemies of these United States.”
4th. “You shall not seize or capture. effects belonging to the subjects of the belligerent powers on board of neutral vessels, excepting contraband goods, &c.” `
Great Britain, before the capture, had commenced hostilities against the States General; but by proclamation exempted from capture, for a limited time, all ships and vessels, belonging to the States General of the United Provinces, carrying the produce or manufactures of Dominica, according to the articles of capitulation. The ship in this case was the property of Brantlight and Son, subjects of the States General, carrying the produce of Dominica according to the capitulation. She was captured by a British privateer within the limited time; and on a supposition that America is not bound by the articles of capitulation, her cargo was the property of British subjects at war with America. This case comes expressly within the fourth instruction; the ship is certainly within the predicament of neutral property, and the cargo is the property of subjects of a belligerent power.
But, it is said, that the rights of neutrality were broken by the British capture.
The British capture was illegal; it was without authority from the British Crown. It was directly against the articles of capitulation, and in opposition to the British proclamation; it was a piratical act, in legal strictness, and only excusable on the circumstances of the case. But shall America violate rights of neutrality, because another nation has done it? Or, which is the present case, because a subject, without authority from his nation, has done it? Did the ship cease to be a neutral ship by the capture, and did the cargo cease to be British property? If not, then, at the time of the recapture, the ship was a neutral ship, and the cargo, effects belonging to the subjects of a belligerent power, and so expressly within the 4th instruction. But it is objected, “that Great Britain has not acceded to the rights of