Legal Opinion

The Cheshire

Supreme Court of the United States

Decided March 18, 1866PublishedCited by 7 opinions

During the Southern rebellion, and our proclamation of a blockade of Savannah and other parts of the Southern coast being then notorious to the world, the ship Cheshire, with a miscellaneous and assorted cargo, was captured by a war steamer of the United States, on the 6th of December, 1861, off Savannah bar, eight or nine miles eastward of Ty-bee Light. She was taken to the port of New York and there libelled in the District Court as prize of war.

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During the Southern rebellion, and our proclamation of a blockade of Savannah and other parts of the Southern coast being then notorious to the world, the ship Cheshire, with a miscellaneous and assorted cargo, was captured by a war steamer of the United States, on the 6th of December, 1861, off Savannah bar, eight or nine miles eastward of Ty-bee Light. She was taken to the port of New York and there libelled in the District Court as prize of war. The evidence showed that the ship had been built in the State of Maine in 1848, her American name having been the Monterey; that she was owned by…

1Opinion of the CourtJustice Field

The facts established by the evidence in this case justify the condemnation, we think, of the cargo as enemy’s property. No principle is more firmly settled than that the property of a commercial house, established in the enemy’s country, is subject to seizure and condemnation as prize without regard to the domicile of the partners. The trade of a house of this kind is essentially a hostile trade, and the property employed in its prosecution is therefore treated as enemy’s property, though some of the partners may have a neutral domicile. * Such trade tends directly to add to the resources…

2Cited by7 opinions

  1. Juragua Iron Co. v. United StatesSupreme Court of the United States · 1909
  2. American Mutual Life Insurance v. MasonIndiana Supreme Court · 1902
  3. The PedroSupreme Court of the United States · 1899
  4. Balfour v. Portland & Asiatic S. S. Co.District Court, D. Oregon · 1909
  5. The AdulaSupreme Court of the United States · 1900

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