Legal Opinion

The Cotton Plant

Supreme Court of the United States

Decided January 18, 1871PublishedCited by 5 opinions

Appeal from the District Court for the Eastern District of Pennsylvania, condemning as prize the steamer Cotton Plain, and her cargo; the case was thus: An act of Congress of July 2,1864, passed during the late rebellion, enacts that “ no property seized or taken upon any of the inland waters of the United States by the naval forces thereof shall be regarded as maritime prize;”, and directs that all property so seized or taken shall be promptly delivered to the officers of…

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Appeal from the District Court for the Eastern District of Pennsylvania, condemning as prize the steamer Cotton Plain, and her cargo; the case was thus: An act of Congress of July 2,1864, passed during the late rebellion, enacts that “ no property seized or taken upon any of the inland waters of the United States by the naval forces thereof shall be regarded as maritime prize;”, and directs that all property so seized or taken shall be promptly delivered to the officers of the courts, to Joe dealt with in a way which the act prescribes. . The capture, which was the subject of this libel, took…

1Opinion of the CourtJustice Strong

delivered-the opinion of the court.

Whether the steamer Cotton Plant and her cargo of cotton were subject to lawful capture when seized, is a question, that need not now be considered; for if it be conceded that they were, we are still of opinion that they were not liable to condemnation as maritime prize. The capture was made within the State of North Carolina, on the Roanoke River, and about one hundred and thirty miles above its mouth. It was made by a naval force detached from two steamers that had proceeded'up the river from Albemarle Sound, one about eighty, and the other about one…

2Cited by5 opinions

  1. Porter v. United StatesSupreme Court of the United States · 1883
  2. Multnomah County v. Dant & Russell, Inc.Oregon Supreme Court · 1938
  3. Commonwealth, Department of Environmental Protection v. Espy, Pennsylvania Court of Common Pleas, Huntingdon County2007
  4. Commonwealth, Department of Environmental Protection v. Espy, Pennsylvania Court of Common Pleas, Huntingdon County2007
  5. Oakes v. United StatesUnited States Court of Claims · 1895

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