The Thompson
Supreme Court of the United States
The brig “ Thompson,” on her return voyage to Halifax from Nassau, was captured at sea with a cargo of 486 casks of turpentine and 81 bales of cotton, on the 16th of June, 1863, by the government steamer, the United States, and sent into the port of New York for adjudication.
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The brig “ Thompson,” on her return voyage to Halifax from Nassau, was captured at sea with a cargo of 486 casks of turpentine and 81 bales of cotton, on the 16th of June, 1863, by the government steamer, the United States, and sent into the port of New York for adjudication. The capture was made on suspicion that the vessel had broken the blockade of our Southern coast, established by our government during the rebellion, or had on board a cargo brought from a blockaded port, and transferred to her under circumstances justifying condemnation. One Clements, of Nova Scotia, in behalf of himself…
1Opinion of the CourtJustice Davis
The District Courts of the United States have original exclusive jurisdiction in questions of prize, and are authorized to decree restitution in whole or in part when the capture is wrongful; and if it is made without probable cause, may order and decree damages and costs against the captors. *
In time of war, the party who makes a seizure does not .always act at his peril, and is not always liable to damages and costs if he fails to establish the forfeiture of the vessel. In fact, prize courts deny damages in case of restitution when there was probable cause for the seizure, and are often…
2Cases cited3 opinions
- Locke v. United StatesSupreme Court of the United States · 1813
- The Apollon.Supreme Court of the United States · 1824
- The GeorgeU.S. Circuit Court for the District of Massachusetts · 1815
3Cited by21 opinions
- Carroll v. United StatesSupreme Court of the United States · 1925
- Worthington v. United StatesCourt of Appeals for the Sixth Circuit · 1948
- The United States of America v. Farris WalkerCourt of Appeals for the Seventh Circuit · 1957
- Ted's Motors, Inc., a Corporation v. United StatesCourt of Appeals for the Eighth Circuit · 1954
- Terry v. OhioSupreme Court of the United States · 1968
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