The Arabella
U.S. Circuit Court for the District of Massachusetts
In admiralty. The British ships Arabella and Madeira were captured, in June, 1814, by the private armed brig Rambler, Bdes commander; and thirty boxes of medicines, sixteen bales of piece goods, five boxes of opium, and seventy-five casks of Madeira wine, parcel of their cargoes, were removed on board of the Rambler, carried into the port of Canton, in China, and there landed.
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In admiralty. The British ships Arabella and Madeira were captured, in June, 1814, by the private armed brig Rambler, Bdes commander; and thirty boxes of medicines, sixteen bales of piece goods, five boxes of opium, and seventy-five casks of Madeira wine, parcel of their cargoes, were removed on board of the Rambler, carried into the port of Canton, in China, and there landed. On the 7th day of April, 1815, a prize allegation was filed in the district court against the same goods and merchandise, praying condemnation thereof as enemy’s property, while lying in the neutral port of Canton. The…
1Opinion of the Court
STORY, Circuit Justice.
The first question which presents itself, is, whether the court has jurisdiction to proceed to the adjudication of prize property, lying in a foreign neutral port. This question has beer discussed with much ability and learning in the admiralty courts of Great Britain, and has there been finally settled in the affirmative, not so much upon the supposed correctness of the principle, as the general usage of nations. It was there admitted, that condemnation of prize property, lying in the ports of an ally in the war, was strictly justifiable; but it was thought, that a…
2Cited by1 opinion
- Jecker v. MontgomerySupreme Court of the United States · 1852