Legal Opinion

The Olinde Rodrigues

Supreme Court of the United States

Decided May 15, 1899No. 704PublishedCited by 10 opinions

APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF SOUTH CAROLINA. This was a libel filed by the United States against the steamship Olinde Eodrigues and cargo in the District Court for South Carolina, in a prize cause, for violation of the blockade of San Juan, Porto Eico. The steamship was owned and claimed by La Compagnie Genérale Transatlantique, a French corporation.

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APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF SOUTH CAROLINA. This was a libel filed by the United States against the steamship Olinde Eodrigues and cargo in the District Court for South Carolina, in a prize cause, for violation of the blockade of San Juan, Porto Eico. The steamship was owned and claimed by La Compagnie Genérale Transatlantique, a French corporation. The Olinde Eodrigues left Havre, June 16, 1898, upon a regular voyage on a West Indian itinerary prescribed by the terms of her postal subvention from the French government. Her regular course, after…

1Opinion of the CourtChief Justice Fuller

We are unable to concur with the learned District Judge in the conclusion that the blockade .of the port of San Juan at the time this steamship was captured was not an effective blockade.. To be binding, the blockade must be known, and the blockading force must be- present; but is there any rule of law determining that the presence of a particular force is essential in order to render a blockade effective % We do not think so, but on the contrary, that the test is whether the blockade is practically effective, and that that is a question, though a mixed one, more of fact than of law.

The…

2Cases cited9 opinions

  1. The Apollon.Supreme Court of the United States · 1824
  2. The PizarroSupreme Court of the United States · 1817
  3. Jennings v. CarsonSupreme Court of the United States · 1807
  4. The ThompsonSupreme Court of the United States · 1866
  5. The PeterhoffSupreme Court of the United States · 1867

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3Cited by10 opinions

  1. State Ex Rel. Attorney General v. City of Avon ParkSupreme Court of Florida · 1933
  2. Samuel Hertzig Corp. v. GibbsMassachusetts Supreme Judicial Court · 1936
  3. McLain v. Oklahoma Cotton Growers' Ass'nSupreme Court of Oklahoma · 1927
  4. The Buena VenturaSupreme Court of the United States · 1899
  5. J. A. Zachariassen & Co. v. United StatesUnited States Court of Claims · 1941

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