Legal Opinion

La Amistad De Rues.-Almiral, Libellant

Supreme Court of the United States

Decided March 14, 1820PublishedCited by 32 opinions

Appeal from the District Court of Louisiana. This was the case of a Spanish ship.captured by ^ie Venezuelan privateer La Guerriere, on the high seas, in November, 1817, and afterwards forcibly taken possession of near the mouth of the Mississippi, by a detachment from the United States ketch Surprise, and brought into the port of New-Orleans.

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Appeal from the District Court of Louisiana. This was the case of a Spanish ship.captured by ^ie Venezuelan privateer La Guerriere, on the high seas, in November, 1817, and afterwards forcibly taken possession of near the mouth of the Mississippi, by a detachment from the United States ketch Surprise, and brought into the port of New-Orleans. A libel was there filed in the District Court, in behalf of the original Spanish owners, claiming restitution of the property, upon the ground, (among other things,) that the privateer had augmented her crew in the United States, during the cruise, and…

1Opinion of the CourtJustice Story

We pass over the question, whether, supposing there was an illegal augmentation of the crew of the privateer in our ports, the American captors had any right forcibly to bring in the prize for adjudication. It is an important question, and when it shall be necessary to decide it, it will deserve serious consideration. The present cause may well be disposed of without any discussion concerning it.

Two questions have been made at the bar. 1. Whether, in point of fact, the illegal augmentation of the crew is so established as to entitle the Spanish libellants to restitution. 2. If so, whether the…

2Cases cited1 opinion

  1. The Amiable NancySupreme Court of the United States · 1818

3Cited by32 opinions

  1. Howard v. Stillwell & Bierce Manufacturing Co.Supreme Court of the United States · 1891
  2. Linder v. PortocarreroCourt of Appeals for the Eleventh Circuit · 1992
  3. Linder v. PortocarreroCourt of Appeals for the Eleventh Circuit · 1992
  4. Cincinnati Siemens-Lungren Gas Illuminating Co. v. Western Siemens-Lungren Co.Supreme Court of the United States · 1894
  5. Machine Co. v. . Tobacco Co.Supreme Court of North Carolina · 1906

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