United States v. The Isla De Cuba
U.S. Circuit Court for the District of Massachusetts
This was a petition to open a decree of distribution, in a case of forfeiture of a vessel and cargo which had been equipped and prepared for the purpose of procuring negroes, and persons of color froip a foreign country, to be held and disposed of as slaves.
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This was a petition to open a decree of distribution, in a case of forfeiture of a vessel and cargo which had been equipped and prepared for the purpose of procuring negroes, and persons of color froip a foreign country, to be held and disposed of as slaves. The' decree of condemnation and forfeiture was entered September term, 1864, in this district. [Case No. 15,447.] The statement of the petitioner was, t&at he was the prosecutor in the case, and as such, was entitled to a moiety of the forfeiture, but that he was prevented by circumstances detailed m his petition, from presenting his…
1Opinion of the Court
CLIFFORD. Circuit Justice.
Two principal objections are taken to the claim of the petitioner by the district attorney.
It is insisted that he was not the prosecutor within the meaning of the act of congress, and consequently, that he has no claim upon the merits of his petition; and also, that it is not now competent for the court to open the decree and take jurisdiction of the petitioner’s claim.
The proofs show that the bark sailed from New York on the 12th of August, 1858, bound on a voyage to Loango on the coast of Africa. Her master at that time was Jonathan S. Dodson, and Levi W. Turner…
2Cited by2 opinions
- United States v. SimonsDistrict Court, E.D. Michigan · 1881
- United States v. The City of MexicoDistrict Court, S.D. Florida · 1887