Legal Opinion

The Estrella: Hernandez, 1

Supreme Court of the United States

Decided March 18, 1819PublishedCited by 28 opinions

Appeal from the District Court of Louisiana. This vessel and her cargo , were libelled in the District Court for the Louisiana district, by the alleged former Spanish owner.

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Appeal from the District Court of Louisiana. This vessel and her cargo , were libelled in the District Court for the Louisiana district, by the alleged former Spanish owner. The libel stated, that he was owner of the schooner and cargo, which sailed from Havanna, for the coast of Africa, on the 23d of April, 1817; that, on the next day, she was lawlessly and piratically captured, on the high seas, and held as prize, by an armed schooner, called^ the Constitution of Venezuela, and forcibly brought within the jurisdiction of the United States, when she was recaptured by the United States’ ketch…

1Opinion of the CourtJustice Livingston

The first allegation of the Spanish owner is, that the Constitution had no lawful commission from any sovereign state to commit hostilities at sea ; and he contends, that the commission in the present case, if any there was, being that of a government not acknowledged by the United^ States, ought to have, been produced, and its seal proved ; or that if the vessel carrying it had been lost, yet an exemplification of it ought to have been obtained from the proper department of the state which issued it. The Court is satisfied with the proof'which has been made, of the Constitution having had a…

2Cases cited1 opinion

  1. United States v. PalmerSupreme Court of the United States · 1818

3Cited by28 opinions

  1. Kiobel v. Royal Dutch Petroleum Co.Court of Appeals for the Second Circuit · 2010
  2. The Three FriendsSupreme Court of the United States · 1897
  3. Flores v. Southern Peru Copper Corp.Court of Appeals for the Second Circuit · 2003
  4. Flores v. Southern Peru Copper Corp.Court of Appeals for the Second Circuit · 2003
  5. Gifford v. LivingstonNew York Supreme Court · 1845

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