Herbert

APPEAL from the circuit court for the district of Maryland. The libel filed by the captors, in this case, in the district court, alleged, that the goods for which condemnation was sought, were captured and taken out of a Spanish vessel. No claim was filed for the goods in either of the courts below. But, upon the hearing, the district court dismissed the libel, upon the ground, that the property, to whomsoever belonging, was protected by the 15th article of the treaty of 1795 with Spain, by which, free ships make free goods; and this decree was affirmed, upon the same principle, in the circuit court. The captors brought the cause, by appeal, to this court; and a motion was made by Winder, in behalf of Elry Herbert, an asserted claimant, to be admitted to file a claim in this court. March 18th. STORY, J., delivered the opinion of the court.