Legal Opinion

The Siren

Supreme Court of the United States

Decided December 18, 1871PublishedCited by 9 opinions

Appeal from the District Court for the District of Massachusetts; the case being thus: Prior, and up to the morning of the 17th of February, 1865, a naval force of the United States, composed of the Gladiolus, and tweuty-six other vessels of war, were blockading the port of Charleston and assisting to reduce the city; a farce operating also by land in the same general designs.

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Appeal from the District Court for the District of Massachusetts; the case being thus: Prior, and up to the morning of the 17th of February, 1865, a naval force of the United States, composed of the Gladiolus, and tweuty-six other vessels of war, were blockading the port of Charleston and assisting to reduce the city; a farce operating also by land in the same general designs. During the night of the 16th and 17th, the rebel forces evacuated the forts about the harbor, and abandoned the city. At 9 o’clock on the morning of the 17th, an officer of the land force raised the national flag upon…

1Opinion of the CourtJustice Swayne

In the English maritime jurisprudence the jurisdiction of the admiralty court on the instance side, and the jurisdiction in prize, are entirely distinct and independent of each other. When exercising one, it is called the instance court, and the prize court, when exercising the other. The rules of procedure and adjudication in the latter are said to he no more like those which prevail in the former, than they are like those of any court in Westminster Hall. But from time immemorial both jurisdictions have been exercised by the same judge. As judge of the admiralty or instance court he is…

2Cases cited2 opinions

  1. 30 HHDS. OF SUGAR v. Boyle & OthersSupreme Court of the United States · 1815
  2. The JosephU.S. Circuit Court for the District of Massachusetts · 1813

3Cited by9 opinions

  1. Dewey v. United StatesSupreme Court of the United States · 1900
  2. Smith v. DavisCourt of Appeals for the First Circuit · 1910
  3. The Manila Prize CasesSupreme Court of the United States · 1903
  4. Kingdom of Norway v. Federal Sugar Refining Co.District Court, S.D. New York · 1923
  5. Close v. StuyvesantIllinois Supreme Court · 1890

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