Legal Opinion

The Anne

Supreme Court of the United States

Decided March 7, 1818PublishedCited by 45 opinions

Appeal to the circuit court of the district of Maryl- and. Tfie British ship Anne írith a cargo belonging to- Prize proceedings were duly instituted against .the ship and cargo, and a claim was afterwards interposed in behalf of the Spanish consul, claiming resti ■tútion of the property, on account óf ah asserted vi* .elation .of the neutral territory of Spain. ■ The testimp■ny óf the carpenter was thereupon taken by the .claimant, and the captors were also' admitted to give…

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Appeal to the circuit court of the district of Maryl- and. Tfie British ship Anne írith a cargo belonging to- Prize proceedings were duly instituted against .the ship and cargo, and a claim was afterwards interposed in behalf of the Spanish consul, claiming resti ■tútion of the property, on account óf ah asserted vi* .elation .of the neutral territory of Spain. ■ The testimp■ny óf the carpenter was thereupon taken by the .claimant, and the captors were also' admitted to give testimony as to the circumstances of the capture; and, .upon the whole evidence, thé district court rejected the claim,…

1Opinion of the Court

Mn Justice Stok y

delivered the opinion, of the courf^ first question which is presented to the court whether the capture was made within thé territorial' limits of Spánish St. Domingo. The testimony .the carpenter and cook of the- captured vessel distinctly asserts that the ship, at the time of the capture, was laying at anchor about a mile from the shore of island. The testimony of the captors as distinctly, asserts, that the ship then lay at a distance of from four to five miles from the , shore. It is contended, by the counsel for the claimants, that captors, are. in no cases admissible…

2Cited by45 opinions

  1. Banco Nacional De Cuba v. SabbatinoSupreme Court of the United States · 1964
  2. United States v. Wong Kim ArkSupreme Court of the United States · 1898
  3. Alfred Dunhill of London, Inc. v. Republic of CubaSupreme Court of the United States · 1976
  4. Ex Parte QuirinSupreme Court of the United States · 1942
  5. Victory Transport Incorporated, Owner of the S.S. Hudson v. Comisaria General De Abastecimientos Y Transportes, Voyage Charterer of thes.s. HudsonCourt of Appeals for the Second Circuit · 1964

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