The Joseph, Sargent, Master
Supreme Court of the United States
This was tbe case of a vessel, tbe Joseph, owned by American citizens, captured by tbe privateer Fame, on tbo 16th of July 1813. The Joseph sailed from Boston, with a cargo on freight, on or about the 6th of April 1812, on a voyage to Liverpool and the north of Europe, and thence directly or indirectly to the United States.
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This was tbe case of a vessel, tbe Joseph, owned by American citizens, captured by tbe privateer Fame, on tbo 16th of July 1813. The Joseph sailed from Boston, with a cargo on freight, on or about the 6th of April 1812, on a voyage to Liverpool and the north of Europe, and thence directly or indirectly to the United States. She arrived in Liverpool, and there discharged her cargo ; and on the 30th of June following, with another cargo of mahogany, taken in at Hull, sailed for St. Petersburg, under the protection of a British license, granted on the 8th of June 1812, authorizing *the export of…
1Opinion of the Court
Washington, J.,
after stating the facts of the case, delivered the following opinion
of the court: — After the decision of this court in the cases of The JRapid and of The Ship Alexander, it is not to be contended, that the sailing with a cargo, on freight, from St. Petersburg to London, after a full knowledge of the war, did not amount to such a trading with the enemy as to have subjected both the vessel and cargo to condemnation as prize of war, had she been captured whilst proceeding on that voyage. The alleged necessity of undertaking that voyage, to enable the master, out of the freight,…
2Cases cited1 opinion
- Armstrong v. MooneySupreme Court of Louisiana · 1841
3Cited by12 opinions
- Kershaw v. KelseyMassachusetts Supreme Judicial Court · 1868
- State v. JohnsonSupreme Court of Minnesota · 1971
- The PedroSupreme Court of the United States · 1899
- The Benito EstengerSupreme Court of the United States · 1900
- The Langdon Cheves: LambSupreme Court of the United States · 1819
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