Legal Opinion

The Iron-Clad Atlanta

Supreme Court of the United States

Decided April 18, 1866PublishedCited by 4 opinions

An act of Congress* of July 17, 1862, provides that prizes taken by tlie navy at sea, when of equal or superior force to the vessel or vessels making the capture, shall be the sole property of the captors, and when of inferior force shall be divided equally between the United States and the officers and men making the “ capture.” When the United States thus receive prize-money it is passed to the Naval Pension Pund.

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An act of Congress* of July 17, 1862, provides that prizes taken by tlie navy at sea, when of equal or superior force to the vessel or vessels making the capture, shall be the sole property of the captors, and when of inferior force shall be divided equally between the United States and the officers and men making the “ capture.” When the United States thus receive prize-money it is passed to the Naval Pension Pund. With this act in force the Atlanta, a vessel of the late rebel confederacy, was captured by our navy and condemned, with her armament and stores, as prize by the District Court…

1Opinion of the CourtJustice Field

The act of Congress of July 17, 1862, provides that if the prize taken be of equal or superior force to the capturing vessel or vessels, the whole shall go to the captors, but if it be of an inferior force the proceeds shall be divided equally between them and the United States. The court below decided that the prize was of an inferior force, and, therefore, awarded only one-half of the proceeds to the captors; and from this decision the appeal is taken.

There is no dispute about the facts of the case; they are stated with accuracy and clearness in the opinion of the learned district judge,…

2Cited by4 opinions

  1. Dewey v. United StatesSupreme Court of the United States · 1900
  2. Sampson v. United StatesUnited States Court of Claims · 1900
  3. United States v. SteeverSupreme Court of the United States · 1885
  4. The Mangrove Prize MoneySupreme Court of the United States · 1903

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