Smith v. United States
United States Court of Claims
The Reporten? statement of the case: The following are the facts of this case as found by the court: I. The schooner Sally, John Leech, master, sailed on a commercial voyage from Salem, Mass., on the 2d day of July, 1790, bound for the West Indies. _. While peacefully pursuing said voyage she was captured on the 2d clay of August, 1799, by a'French corvette, the name of whose captain is not shown, which put a prize crew on board and directed the Sally to -be carried into…
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The Reporten? statement of the case: The following are the facts of this case as found by the court: I. The schooner Sally, John Leech, master, sailed on a commercial voyage from Salem, Mass., on the 2d day of July, 1790, bound for the West Indies. _. While peacefully pursuing said voyage she was captured on the 2d clay of August, 1799, by a'French corvette, the name of whose captain is not shown, which put a prize crew on board and directed the Sally to -be carried into Guadeloupe. While proceeding thither the Sally was recaptured on the 5th day of August by the English, frigate Southampton,…
1Opinion of the CourtPeelle, J.
The question is, Was the capture of the schooner Sally-illegal % The defendants contend, first, that the authority of the French Government to make the capture is not shown; and, second, that the neutrality of the cargo does not appear.
In reply to that the claimants contend, first, that inasmuch as the laws of the United States (1 Stat. L., 61, 287, 489, 698) required merchant vessels to carry a register, a crew list, a clearance, and a passport, the presumption is that the laws were complied with and that all such papers were on board at the time of the capture; and, second, that under the…
2Cases cited1 opinion
- Carter v. United StatesUnited States Court of Claims · 1902
3Cited by1 opinion
- Harvey v. United StatesUnited States Court of Claims · 1904