:—We have consulted together on this motion ; and, though a difference of sentiment exists, a majority of the Court are clearly of opinion, that the motion ought to be granted. Therefore,

Let a Prohibition issue;

The prohibition issued, accordingly, in the following form:

" United States, SS.

THEPREsiDENToftheÜNiTED States to the honorable Richard Peters, Efquire, Judge of the Diftridt Court of the United States, in and for the Pennfylvania. diftridt:, It is ihewn to the Judges of the Supreme Court of the United Statesj by Samuel B. Davis, That whereas by the laws of nations, and the treaties fubfifting between the United States and the Republic of France-, the trial of .prizes taken on the high feas, without the territorial limits and jurifdidtion of the United States, and brought within the dominions' and jurifdidtion of the faid Republic, for legal adjudication," by veffels of war belonging to the fovereignty of the faid' Republic, adting. under the f&me, and of all qiieftions incidental thereto, does of fight,' and exclufively, belong to the tribunals and judiciary eftabliih-ments of the faid Republic,, and to no' other tribunal, or tribunals, court, or. courts, whatfoever’: And whereas by the faid law of nations, and treaties aforefaid, the veflcls of war belonging to the faid French Republic, and .the .officers commanding' the fame, cannot, and ought not, to be arrefted, ' [*130] feized, • attached, or detained, in the ports of the United States, by procefs of law, at the fuit or injiance .of individuals, to an-fwer for any capture or captures, feizure or fe.izures, made on the high feas, and brought for legal adjudication into the ports of the French Republic, by the faid veffsfs of war, while belonging to, and adding under the authority and in the immediate fervice of the faid Republic : And whereas bythe laws arid treaties aforefáid, the Diftrift Courts of the United States have not, and ought not, to entertain jurifdicnon or hold plea cf fuen captures, made as aforefnid, under the Aove circum-ftances: And whereas by the laws of nations, the veffels of war of belligerent powers, duly by them authorized, to cruize againft their enemies, and to make-prize cf their ftups and goods, may, in time of war, arreft and feize the veiTels belonging to the fubjefts or citizens of neutral nations, and bring them into the ports of the fovereign under whofe com tnifficn and authority they aft, there to anfwer for any breaches of the laws pf nations, concerning the navigation of neutral ihips, in time of war; and the faid veffels of war,, their-commanders, officers and crews, are not amenable before the tribunals of neutral powers for their conduft therein, but are only anfwerable to the- fovereign in whole immediate fervice they were, and from whom they derived their authority: And whereas, on or before-the twentieth day of May", now laft paft, the faid Samuel B. Davis, was, and now is, a Lieutenant of fhips in the navy of the faid French Republic,' and commander of a corvette, or veffel of war, called, the Cajfms, then, <fhd now, the property of the faid Republic, and in her immediate fer-vice ; and on the faid twentieth day of May, was duly com-rniffioned, by and under the Authority of théTaid Republic, to cruize againft her energies, and make prize of their iliips (as by his commiffion and the certificate of the minifter plenipp-ientiaiy of the laid Repuhlife to the United States, to the court fhewn, more fully appears) Nev-erthelefs a certain James Tara, of the city of Philadelphia,merchant, not ignorant of the pre-mifes, but-contriving and intending to difturb the peace and harmony fubfiftlng between the United States and the French Republic, and him, the faid Samuel B. Davis, wrongfully to aggrieve and opprefs,.and draw to another proof, him, the’ faid Samuel B.'Davis, and the faid corvette, or-veflel of war, of the French Republic, the Caffius, in the pofit of Philadelphia, under the protection'of the laws of nations, and-of the faith' of treaties, has, by procefs out ef the Diftricl Court of the United States, in and for the ‘Diftrift of PennfyLvania, attached and a’r-refted him, the faid Samuel B; JDayisi and'the {-¿dá-corvette, or veffel of war, the Gajjius, before the judge .of the faid Diftrift Court* contrary to the faid law, of nations, and treaties, and [*131] against the due form of the laws of the United States, hath unjustly drawn in plea, to answer to a certain libel, by him, the said James Yard, against him, the said Samuel B. Davis, and against the said corvette, of vessel of war, the Cassius, her tackle, apparel, and furniture, exhibited and promoted, craftily and subtilly therein alledging, articulating, and objecting, that on the said twentieth day of May, now last past, the said Samuel B. Davis, then commander of the said corvette, or vessel, the Cassius did, forcibly, violently, and tortiously, take on the high feas, a certain Schooner, or vessel, belonging to the said James Yard, called the William Lindfey, and brought her into Port de Paix, (in the dominion of the French Republic) where she still remains; and also alledging and articulating, that the said corvette, or vessel called the Cassius, was originally equipped and fitted for war, in the port of Philadelphia, in the United States, and that the said Samuel B. Davis, was at the time of the said capture, and now is, a citizen of the United States : Without this, however, and the said James Yard, not in any manner alledging, or articulating, that the said capture was made, within the territory, rivers, or bays, of the United States, or within a marine league of the coast thereof, or that the said corvettt or vessel, the Cassius, was so fitted or equipped for war in the United States, by the said French Republic, her agent, or agents, with their knowledge, or by the means, or procurement, or by the said Samuel B. Davis, or that at the time of her being so equipped, or fitted for war, in the United States, (if ever there she was so in any manner fitted or equipped) she was the property of the said French Republic, or that the said Samuel B. Davis was in any manner, in the said equipment, or fitting for war, concerned; and without this, also, and the said James Yard, not in any manner alledging, that the said Samuel B. Davis was retained, or engaged, in the service of the French Republic, within the territory or jurisdiction of the United States: And that the said James Yard, him, the said Samuel B. Davis, and the said corvette, or vessel of war, called the Cassius, by force of the process aforesaid, out of the said District Court, had and obtained, as aforesaid, still wrongfully detains, and the said Samuel B. Davis, and the French Republic, owner of the said corvette, or vessel of war, there upon in the said District Court to answer, and in the premises, cards to be condemned, with all his power, endeavours, and daily contrives, in contempt of the government of the United States, against the laws of nations and the treaties subsisting between the United States and the French Republic, and against the laws and customs of the United States, to the manifest violation, of the law of nations, and treaties, and to the manifest disturbance of the peace and harmony happily subsisting between the [*132] United States and the French Republic: Wherefore the said Samuel B. Davis, the aid of the said Supreme Court most respectfully. requesting, hath prayed remedy by a writ of prohibition, to be issued out of the said Supreme Court, to you to be directed, do prohibit you from holding the plea aforesaid, the premises aforesaid any wise concerning, further before you :— You, therefore, are hereby prohibited, that you no further hold the plea aforesaid, the premises aforesaid in any wise touching, before you, nor any thing in the said District Court attempt, nor procure to be done, which may be in any wise to the prejudice of the said Samuel B. Davis, or the said corvette, or vessel of war; called the Cassius; or in contempt of the laws of the United States: And also, that from all proceedings there on you do, without delay, release the said Samuel B. Davis, and the said corvette, or vessel of war, called the Cassius, at your peril.

Witness, the honorable John Rutledge, Esquire, Chief Justice of the said Supreme Court, at Philadelphia, this 24th day of August, in the year of our Lord one thousand seven hundred and ninety-five, and of the independence of the United States, the twentieth.

I. Wagner, D. C, Sup. Ct. U. S. *