Regarding  the  taking  of  the  Philadelphia  as
a  legal  capture,  I  will  proceed  to  show  what
rights  the  captors  thereby  acquired.  For  I
contend  that  the  subsequent  destruction  of
the  vessel,  by  order  of  Commodore  Preble,
cannot  impair  any  right  which  was  vested  by
the  capture  itself  And  as  it  respects  the
captors,  it  is  wholly  immaterial  whether  the
order  was  given  for  the  deltruction  anterior
to  the  eniragement,  or  during  the  engagement,
or  after  tiie  capture  had  been  achievM.  We
were  at  war  with  Tripoli;  the  great  end  and
aim  of  every  battie  was  to  annoy  the  enemy  to
the  greatest  possible  extent  The  question,
and  the  only  question,  is,  was  the  enemy
deprived  of  so  much  of  her  naval  force,  by  the
power  of  our  arms :  was  the  ■  Philadelphia
captured  ?  No  one  who  reads  the  evidence  can
doubt  the  fact  The  moment  when  the  flaff  of
the  enemy  was  struck,  that  moment  the  right
to  the  capture  vested  in  the  captors.  The
moment  the  stripes  were  raised  above  the
crescent,  that  moment  the  interest  of  tiie
Bashaw  ceased,  and  the  interest  of  the  captors
commenced.
To  the  captors,  then,  belonged  the  value  of
the  Philadelphia,  at  the  time  and  place  of  her
capture,  unless  there  had  been  subsequent  acts
on  their  part,  amounting  to  a  voluntary
abandonment  of  the  prize.     This  is  not  con-


toided;  it  was  the  order  of  the  agent  oftbe
Government  wMch  akoe  prefventad  the  Fldla-
delphia,  after  her  csf^an^  from  beiag  agui
attached  to  our  navy.
