Legal Opinion

The Aurora, Pike, Master

Supreme Court of the United States

Decided March 18, 1814PublishedCited by 6 opinions

This was an appeal from the Circuit Court for the district of Rhode Island. The following were the material facts of.the case : Some months after the declaration of war, the ship Aurora, documented as American property, and owned by Thomas M. Clarke and Ebenezer Wheelright, the claimants, who are American citizens, sailed fromNewburyport to Norfolk, in ballast.

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This was an appeal from the Circuit Court for the district of Rhode Island. The following were the material facts of.the case : Some months after the declaration of war, the ship Aurora, documented as American property, and owned by Thomas M. Clarke and Ebenezer Wheelright, the claimants, who are American citizens, sailed fromNewburyport to Norfolk, in ballast. At the latter place, she took in a cargo consisting of bread, flour, corn, &e., and sailed from thence, on or about the 12th November 1812, ostensibly for St. Bartholomews, a neutral island belonging to the Swedes, for which port she…

1Opinion of the Court

Livingston, J.,

delivered the opinion of the court. — The ship Aurora and cargo, owned by the claimants, who are American citizens, and documented as American property, were captured, on the 26th of November 1812, by the private armed ship Governor Tompkins, on an ostensible destination for St. Bartholomews. From the documents on board and the preparatory examinations, it appears, that the ship sailed from Newburyport to Norfolk, in ballast, took in her present cargo, consisting of bread, flour, corn, &c., at the latter place, and sailed from thence on the voyage on which she was captured, on…

2Cited by6 opinions

  1. Stockton v. WilliamsMichigan Supreme Court · 1845
  2. The AdulaSupreme Court of the United States · 1900
  3. Bulkey v. Derby Fishing Co.Supreme Court of Connecticut · 1816
  4. Hayward v. BlakeMassachusetts Supreme Judicial Court · 1815
  5. Perkins v. New England Marine InsuranceMassachusetts Supreme Judicial Court · 1815

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