delivered the' opinion of the Court.

. This; case arose out of a capture made la the late war. The La Popa, a commissioned cruiser of. the Province of Carthagena, had made prize of the Caridad, a Spanish vessel, in a voyage1 from Jamaica, to Cuba. The American private armed vessel Harr rison fell'in. with the Caridad, then in'possession of the prize crew of the La Popa, anfi suspecting her cargo to be British, took possession of it, and transhipped it into their own vessel.. ‘ Oh the arrival of the Harrison in á port of North Carolina, the cargo was claimed both by the Caridad and La Popa, and' finally restored to the La=Popaj

This.is an appeal from the decision of the Circuit Court of North Carolina, made by the original Spar, nish ownerj and the case has been submitted on the evidence and the grounds taken in the argument be- - lo^. ''

There is no doubt ’that the property was Spanish, nor that the privateer La Popa was commissioned as a cruiser, whilst the Province of Carthagena had an organizéd government; and there' is/ the fullest evidence that her armament and equipment was unaffected by any charge of having' been made-in violar tion of our laws. ' ' ••• ••»'*•*

. The only question in the case isj whether an ori-' , ginal Spanish owner is entitled to the aid of the ,,Courts of-this country, to restore to him property of which he has been dispossessed by capture, under, a commission derived from the revolted colonies ? and this question is considered, by this court, as having [*502] been fully decided by the principles assumed in the case of the United States v. Palmer, a at the last term, and by the decisions in the cases of the Estrella b and Divina Pastora c at the present term.

War notoriously exists', and is recognized by our government to exist, between Spain and her colonies. This is an appeal to the highest of all tribunals on a question of right. No neutral nation can act against either, without taking part with the other in the war, All that, the law of nations requires of us, is strict arid impartial neutrality. And no friendly nation ought to demand of the Courts of this country to do an act which may involve it in a war with the victor. Our duty is, where the property of either is brought innocently within our jurisdiction, to leave things as we find them; much more to restore them to that state from which they, have been forcibly removed by the act of our own citizens. The* treaty with Spain can have.no bearing upon the case,.as. this Court cannot recognize such captors as pirates, and the capture was not made within pur jurisdic-tional. limits. In- those two cases only dues the treaty enjoin restitution.

Decreté affirmed, with costs.,,