2 U.S. 34 (____)

2 Dall. 34

DARBY, et. al. Appellants, versus THE BRIG ERSTERN, et. al.

Supreme Court of United States.

BY THE COURT. — Upon the evidence in this case, we are of opinion, that the Brig, at the time of her capture, was the property of Imperial subjects at Ostend, and that the cargo was British property, unprotected by the capitulation of Dominica.

It is objected, "The Brig is not prize, because neutral property."

Neutral property cannot be captured: For, while the character of neutrality is preserved, such property is the property of a friend, on which...

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