Legal Opinion

The Commercen

Supreme Court of the United States

Decided March 22, 1816Published

Appeal from the circuit court for the district of Massachusetts. This was the case of a Swedish vessel captured on the 16th of April, 1814, by'the private arméd schooner Lawrence, on a voyage from Limerick, in Ireland, to Bilboa, in Spain.

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Appeal from the circuit court for the district of Massachusetts. This was the case of a Swedish vessel captured on the 16th of April, 1814, by'the private arméd schooner Lawrence, on a voyage from Limerick, in Ireland, to Bilboa, in Spain. The cargo consisted of barley a;nd oats, the property of -British subjects, the exportation of which is generally. prohibited by the British, government j and, as well by. the official papers of the custom-house, as by the private letters of the shippers, it appears to have been shipped under the special permission of the governmént, for the sole use of his…

1Opinion of the Court 1

14 U.S. 382 (1816)

1 Wheat. 382

The Commercen.

LINDGREN, Claimant.

Supreme Court of United States.

March 21, 1816.

Key, for the appellant and claimants.

Dexter, for the respondents and captors.

2Opinion of the Court · StoryStory, J.

The single point now in controversy in this cause is, whether the ship is entitled to the freight for the voyage. The general rule that the neutral carrier of enemy's property is entitled to his freight, is now too firmly established to admit of discussion. But to this rule there are many exceptions. If the neutral be guilty of fraudulent or unneutral conduct, or has interposed himself to assist the enemy in…

3Cases cited15 opinions

  1. Lott v. PrudhommeSupreme Court of Louisiana · 1842
  2. Succession of JohnsonSupreme Court of Louisiana · 1842
  3. The CommercenSupreme Court of the United States · 1816
  4. Knight v. MurchisonSupreme Court of Louisiana · 1841
  5. Metoyer v. TrezziniSupreme Court of Louisiana · 1843

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