Woodbridge v. United States
United States Court of Claims
The Reporters' statement of the case: The following are the facts of the case as found by the court: I. The schooner Atlantic, George Howe, master, sailed on a commercial voyage from Stonington, Conn., on the 26th day of April, 1799, bound for Tobago. While pursuing said voyage she was captured on the high seas by the French privateer La Resolute, Captain Hubert.
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The Reporters' statement of the case: The following are the facts of the case as found by the court: I. The schooner Atlantic, George Howe, master, sailed on a commercial voyage from Stonington, Conn., on the 26th day of April, 1799, bound for Tobago. While pursuing said voyage she was captured on the high seas by the French privateer La Resolute, Captain Hubert. On the 25th day of May, 1799, the Atlantic and her cargo were condemned by the tribunal of commerce and of prizes sitting at Basse-Terre, Guadeloupe. The grounds of condemnation set forth in the decree are as follows: First. That a…
1Opinion of the CourtHowry, J.
The vessel and cargo were captured and condemned in May, 1799. The ground of the condemnation material to be considered appears from the decree to have been that a part of the cargo consisted of horses “ which by the terms of the law are objects of contraband.”
The treat}’- with France of February 6, 1778 (8 Stat. L., art. 24), declared horses to be contraband. But that treaty was abrogated by the act of Congress of July 7, 1798, in the face of the French decree of 11 Nivose, year 3, repealing the order of May 9,1793, declaring that the treaty should govern France notwithstanding the conduct…
2Cited by2 opinions
- Shepherd v. United StatesUnited States Court of Claims · 1903
- Ogden v. United StatesUnited States Court of Claims · 1913