The  right  had  vested  when  the  flag  of  tfaft
enemy  was  struck.  Si^poae  the  capton  bad
run  the  Fhiladelplua  out  of  the  haxhor,  uA
attached  her  to  tne  American  aq[aadron,  eon-
trary  to  the  orders  of  the  commodora;  mipfoib
that  they  had  aafely  bron^t  her  Into  port,
would  not  the  vessel  have  been  sidjodged  in
our  courts  of  admiraltj  aa  good  prise,  sad
would  not  her  value  have  beoi  diaMyoted  u
prize  money  among  the  captors  aocar£ag  to
the  proviaoos  of  the  prize  act!  IthlnktEoe
could  be  no  doubt  of  the  fiMSt— end  why  so!
Not  from  the  circumstance  of  mnniDg  the
Philadelphia  from  Tripoli  to  Syracoae.  Not
from  the  circumstance  of  bringing  her  into  la
American  port  Those  oirenmstenoee  could
not  add  to  or  take  from  the  title  of  the  capUn.
If  the  captors  had  not  received  orders  to  bora,
but  Decatur  himself,  Hn  the  ezerciae  of  sound
discretion,)  after  he  had  acquired  the  entire
control  of  the  vessel,  to  prevent  her  recanten,
had  burnt  and  destroyed  her,  there  could  bft
no  doubt|  in  that  case,  that  the  instant  thd
torch  was  appUed  the  right  and  title  was  in
the  captors.
If  the  captors  had  brought  tlie  Philadelpllia
out  of  the  harbor,  and  on  her  lumieirard
passage  had  eflfocted  an  inaaranoe  of  tlu
vessel,  and  the  same  had  been  lost,  could  any
doubt  exist  aa  to  the  right  of  the  captors  to
claim  the  benefit  of  the  policy  t  Oertainly
not  What  gave  the  right?  The  capture.  If
the  captors  had  violated  any  of  the  rerenne
laws  of  a  neutral  power,  in  the  management  of
the  vessel  captured,  and  she  had  beoi  ooa-
demned,  the  original  owners  could  set  up  no
daim  to  her— all  their  right  and  interest  bad
been  divested  by  the  ci4[>ture.
