The Siren
Supreme Court of the United States
Appeal from the District Court for Massachusetts. The steainer Siren was captured in the harbor of Charleston in attempting to violaté the blockade of that port, in February, 1865, by the steamer Gladiolus,'belonging to the navy of the United States. She was placed in' charge of a' prize master and crew, and ordered to the port of Boston for adjudication.
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Appeal from the District Court for Massachusetts. The steainer Siren was captured in the harbor of Charleston in attempting to violaté the blockade of that port, in February, 1865, by the steamer Gladiolus,'belonging to the navy of the United States. She was placed in' charge of a' prize master and crew, and ordered to the port of Boston for adjudication. On hef way she was Obliged to put into the port of New York for coal,.and,'in proceeding-.thérice •through the narrow passage' which leads to Long Island Sound, known as H-urlgate, she ran into grid sank the/sloop Harper,, loaded with -iron,…
1Opinion of the CourtJustice Field
It is a familia" doctrine of the- common law, that .the *154sovereign cannot be sued in his own courts without his consent. The doctrine rests upon reasons of public policy; the inconvenience and danger which would follow from any different rule. It is obvious that the public service would be hindered, and the public safety endangered, if the supreme authority could be subjected to suit at the instance of every citizen, and consequently controlled in the use and disposition.of the means required for the proper administration of the government. The exemption from direct suit is, thereiore.,…
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3Cited by174 opinions
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