THE allegation in this case, as supported by the evidence, was, that the privateer, which took the British prize in question, had been built in New York, with the express view of being employed as a privateer, in case the then existing controversy between Great Britain and the United States should terminate in war; that some of her equipments were calculated for war, though they were also frequently used by merchant ships; — that the privateer was sent to Charleston, where she was sold to a French citizen; — that she was carried by him to a French island, where she was completely armed and equipped, and furnished with a commission; — and that she afterwards failed on a cruize, during which the prize was taken, and sent into Charleston.
THE COURT, however, without hearing the opposite Counsel, directed
The Decree to be affirmed.