The George
Supreme Court of the United States
Appeal from the circuit court for the district of Massachusetts. These were British vessels captured and brought in by the private armed vessels the Fly and the Washington, and libelled as prize of war. In each of them the United States-interposed'a claim,-charging that the capture was collusive, and that- the whole property ought, on that account, to be forfeited to the United States. In each case the captors applied for permission tQ make farther proof.
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Appeal from the circuit court for the district of Massachusetts. These were British vessels captured and brought in by the private armed vessels the Fly and the Washington, and libelled as prize of war. In each of them the United States-interposed'a claim,-charging that the capture was collusive, and that- the whole property ought, on that account, to be forfeited to the United States. In each case the captors applied for permission tQ make farther proof. In that of the George, it was allowed in the,district court, and partially received; but the. application to make still further proof, and…
1Opinion of the Court
Marshall, Ch. J.,
delivered the opinion of the court as follows:
The.first question to be discussed is, the propriety of allowing farther proof; It is certainly á general rule in prize causes that the decision should be prompt; and. should be made, unless some good reason for departing from it exist, on the papers and testimony afforded by- the captured vessel, or which can be invoked from the papers of other .vessels in possession of the court. This rule ought to be held sacred in that whole description of causes to which the reasons on which it is founded are, applicable. The…
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