Mr. Justice LIVINGSTON delivered the opinion of the Court, and after stating the case, proceeded as follows:
In a case of so palpable a fitting out and arming in an American port, and proceeding thence directly on a cruize, (whether with or without a commission, is in this case immaterial,) the counsel for the claimant and libellant was right in not attempting to justify the capture. He has therefore confined his endeavours to show the insufficiency of the evidence...
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