Legal Opinion

The Cherokee

District Court, D. Massachusetts

Decided December 15, 1863PublishedCited by 2 opinions

In admiralty. No counsel appeared for any other party, but suggestions were made in communications from some of the vessels claiming as joint captors.

1Opinion of the Court

SPRAGUE, District Judge.

The steamer Cherokee and cargo were captured on the 8th of May last by the United States ship-of-war Canandaigua, and sent into this port. They have both been condemned. The question now arises, how shall the proceeds be distributed ?

It is the duty of this court to determine what ships shall participate in the proceeds of a prize; but it is the province of the secretary of the navy, under the statutes, to ascertain and decide, at least in the first instance, what persons constituted the officers and crews of such ships, and the flag officer of a squadron, and the share…

2Cited by2 opinions

  1. United States v. SteeverSupreme Court of the United States · 1885
  2. The Mangrove Prize MoneySupreme Court of the United States · 1903

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