Round copper bars, round copper plates, and round copper plates turned up at the edges, are not

subject to duty upon importation.

THIS THIS case was certified from the circuit court of the district of Pennsylvania, upon a division of opinion between the judges of that court, upon the question whether certain articles of copper, viz., round copper bars, round copper plates, and round copper plates turned up at the edges, imported by the defendants, were subject to duty, within the meaning of the acts of Congress, viz., 20th July, 1789, and 10th of August, 1790, vol. 1, p. 251, s. 1, by which "copper in plates" is exempt from duty; and the act of the 2d of May, 1792, vol. 2, p. 71, 8. 2, by which "copper in pigs and bars" is also exempt from duty.

The jury found a special verdict, the substance of which was, that such articles as those in question are of no use in the form in which they are imported, but are worked up as a raw material. That the round, the square and the flat bars are, by the manufacturers and artists, known by the denomination of "bars." That all the articles are sold by weight, and the same price is paid for round as for square or flat bars; and for round plates, and round plates turned up at the edges, as for square or oblong 2*] plates. "And that all the aforesaid articles come under the description of bars and plates." Rodney, Attorney General,

Admitted that the case was not to be support ed, on the part of the United States, and that judgment must be given for the defendants.

JENNINGS v. CARSON.

The owner of a privateer capturing neutral property is not liable to a decree of restitution, unless the property or its proceeds came to his hands.

The district courts of the United States are courts of prize, and have power to carry into effect the sentences of the old continental courts of appeals in prize causes.

In all proceedings in rem, the court has a right to order the thing to be taken into custody of the law; and it is to be presumed to be in custody of the law, unless the contrary appears.

The thing does not follow the appeal into the superior court, but remains in the court below, which has a right to order it to be sold, if perishable, notwithstanding the appeal.

THIS HIS was an appeal from the sentence of the circuit court for the district of Pennsylvania, in a cause civil and maritime, in which Jen

nings was the libellant, and Carson the respondent; the former claiming to be owner of the sloop George and cargo, captured, in the year 1778, by the American privateer Addition, commanded by Moses Griffin, of which the respondent, Carson, was part owner, and which was libelled and condemned, on the 31st of October, 1778, as lawful prize, by the court of admiralty for the state of New Jersey; from

which sentence of condemnation there was an appeal to the continental court of appeals, established under authority of the old Congress, where the sentence of condemnation was, on the 23d of December, 1780, reversed, and restitution ordered, but never obtained. In the mean time, however, the vessel and cargo had been sold by the marshal of the state court of admiralty, for paper money, under an order of the court contained in the sentence of condemnation, and it did not appear what had been done with that money. No measures were taken to enforce the decree of restitution during the old confederation.

On the 19th of May, 1790, after the adoption of the present constitution of the United States, Jennings filed his libel in the district court for the district of Pennsylvania, alleging that he was a subject of the States *General of the [*3 United Provinces, an inhabitant, and domiciled, at the island of St. Eustatius, and owner of the sloop George and her cargo; at the time of capture bound to the port of Egg Harbor in the United States, and consigned to A. and G. Caldwell; in the prosecution of which voyage she was illegally captured by the privateer Addition, owned in part by the respondent, Carson, and praying process for arresting Carson, to answer, &c. A supplemental libel was filed, setting forth the proceedings against the vessel in the court of admiralty of New Jersey; the sentence of condemnation; the appeal; the reversal of that sentence, and the order of restitution.

Neither the original nor supplemental libel prayed any specific or general relief, other than process for arresting Carson, so that he should appear to answer the libellant "in his said complaint, of the wrongs and injuries aforesaid, according to the resolutions of the continental Congress, the laws of the United States, and of the commonwealth of Pennsylvania, and the laws and usages of nations in this behalf practiced, used and established."

Carson, being taken upon the writ of arrest, appeared and filed his plea and answer, averring the sloop George to have been the property of a subject of the. King of Great Britain, at the time of capture, and employed in carrying goods to the British army and navy; that the goods were imported directly or indirectly from Great Britain or Ireland, contrary to the regulations of Congress and the law of nations; the