Legal Opinion

The "Florida"

Supreme Court of the United States

Decided October 15, 1879PublishedCited by 5 opinions

Appeal from the Supreme Court of the District of Co-, lumbia. On the night of the 7th of October, 1864, the United States steamer “ Wachusett,” under the command of Commander Collins, captured the rebel steamer “ Florida,” in the port of Bahia, in the empire of Brazil. The “ Florida” had gone there to supply herself with provisions and for the repair of her engine.

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Appeal from the Supreme Court of the District of Co-, lumbia. On the night of the 7th of October, 1864, the United States steamer “ Wachusett,” under the command of Commander Collins, captured the rebel steamer “ Florida,” in the port of Bahia, in the empire of Brazil. The “ Florida” had gone there to supply herself with provisions and for the repair of her engine. She was anchored under cover of a Brazilian vessel of war, on the side next to ■ the shore, and Commander Collins was notified that if he attacked her he would be fired upon by a neighboring fort and by the war vessels of the…

1Opinion of the CourtJustice Swaxne

The legal principles applicable to the facts disclosed in the *42record are well settled in-the law of nations, and in English and American jurisprudence. Extended remarks upon the subject are, therefore, unnecessary. See Grotius, De' Jure Belli, b. 3, c. 4, sect. 8; Bynkershoek, 61, c. 8; Burlamaqui, vol. ii. pt. 4, c. 5, sect. 19'; Yattel, b. 3, c. 7, sect. 132; Dana’s Wheaton, sect. 429 and note 208; 3 Rob. Ad. Rep. 373; 5 id. 21; The Anne, 3 Wheat. 435; La Amistad de Rues, 5 id. 385; The Santissima Trinidad, 7 id. 283, 496; The Sir William Peel,'5 Wall. 517; The Adela, 6 id. 266; 1 Kent,…

2Cases cited3 opinions

  1. The AnneSupreme Court of the United States · 1818
  2. Phillips v. PayneSupreme Court of the United States · 1876
  3. The Sir William PeelSupreme Court of the United States · 1867

3Cited by5 opinions

  1. The" Florida"Supreme Court of the United States · 1880
  2. United States v. SteinmetzDistrict Court, D. New Jersey · 1991
  3. El Capitan Land & Cattle Co. v. LeesNew Mexico Supreme Court · 1906
  4. Northeast Research, LLC v. One Shipwrecked VesselDistrict Court, W.D. New York · 2011
  5. Heflin v. Town of WarrentonDistrict Court, E.D. Virginia · 1996

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