The Dos Hermanos
Supreme Court of the United States
APPEAL from the District Court of Louisiana. This was the same case, reported ante, voL II. p. 76. where the decree of the Court below, condemning the cargo as enemy’s property, was affirmed by this Court, reserving the question as to the distribution of the prize proceeds. The original capture was made by Mr. Shields, a Purser of the navy, in the year 1814, in a barge armed and fitted out to cruise, but not regularly, attached to the navy.
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APPEAL from the District Court of Louisiana. This was the same case, reported ante, voL II. p. 76. where the decree of the Court below, condemning the cargo as enemy’s property, was affirmed by this Court, reserving the question as to the distribution of the prize proceeds. The original capture was made by Mr. Shields, a Purser of the navy, in the year 1814, in a barge armed and fitted out to cruise, but not regularly, attached to the navy. The cause was remanded to the Court below for further proceedings, and that Court decreed the proceeds to be equally distributed between the United States…
1Opinion of the CourtChief Justice Marshall
war, it is now clearly established in that kingdom, that all captures jure belli, are made for the government, and that ho title of prize can be acquired but by the public acts of the government conferring rights on the captors. If the original law of England authorized an individual to acquire to his own use the property of an individual, without any express authority from the public, that law was changed long before the settlement of .this country. It never Was the law of this country. Before the revolution, all captures from the enemy accrued to the government, to be distributed according…
2Cited by20 opinions
- Edmonson v. BloomshireSupreme Court of the United States · 1869
- Fuller v. MarvinSupreme Court of Connecticut · 1928
- Luther George and Wife, Helen George v. Beavark, Inc., and James CypertCourt of Appeals for the Eighth Circuit · 1968
- United States v. AdamsSupreme Court of the United States · 1868
- Peugh v. DavisSupreme Court of the United States · 1884
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