Hudson and Smith v. Guestier
Supreme Court of the United States
ERROR to the circuit court for the district of Maryland; in an action of trover for coffee and logwood, the cargo of. the brig Sea Flower, which had been captured by the French, for trading to the revolted ports of the island of Hispaniola, contrary to the ordinances of France, and carried into the Spanish port of Baracop, but condemned by a.French tribunal at Guadaloupe, and sold for the benefit of the captors, and purchased by the defendant Guesfier. . ~ ■ ,• r . . Upon…
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ERROR to the circuit court for the district of Maryland; in an action of trover for coffee and logwood, the cargo of. the brig Sea Flower, which had been captured by the French, for trading to the revolted ports of the island of Hispaniola, contrary to the ordinances of France, and carried into the Spanish port of Baracop, but condemned by a.French tribunal at Guadaloupe, and sold for the benefit of the captors, and purchased by the defendant Guesfier. . ~ ■ ,• r . . Upon the former trial of this case in the court below, a statement of certain facts was agreed to by the counsel for the…
1Opinion of the CourtLivingston, J.
Considering it, then, as settled that the French tribu* nal had jurisdiction of property.seized under a muni* cipal regulation, within the territorial jurisdiction of the government of St. Domingo, it only remains for me to say whether it will make any difference if, as now appears to have been the case, the vessel were taken on the high seas, or more than two leagues from the coast. If the res can be proceeded-against when not in the possession or under the fontrol of the court, I am not able to perceive how it can be material whether the capture were made within or beyond the jurisdictional…
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