“Appeal from the Circuit Court of North Carolina. This was the case of a ship and cargo, sailing under Spanish colours, and captured by the privateer Roger, Quarles, master, on an ostensible voyage from Havana to Hamburg, but really destined for London, or with an alternative destination, and orders to touch in England for information as to markets, and further instructions. The ship sailed from the Havana, on the 24th of November, 1814, under convoy of the British frigate Ister, with which she parted company on the 1st of December, the frigate having gone in chace of an American privateer, and on the 3d of December, was captured by the privateer Roger, and carried unto Wilmington, North Carolina, for adjudication. The ship and cargo were condemned as prize of war in the District Court of North Carolina, and the sentence was, after the admission of farther proof in the Circuit Court, affirmed by that Court. An appeal was then allowed to this Court, with permission to introduce new proof here, if this Court should choose to receive it.”