Legal Opinion

The Samuel

Supreme Court of the United States

Decided February 16, 1816PublishedCited by 34 opinions

Appeal, from, the Circuit Court fop the Rhode Island district. The . brig Samuel; sailed from St. Bartholomews, an island belonging to his majesty the king, of, Sweden, in the month of November, 1811, with a cargo consisting of rum, molasses, and some other articles* and arrived in Newport, Rhode Island, on the 8fh of the following December, where the vessel and cargo were seized and libelléd in the district court as being forfeited to the Unit ad.

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Appeal, from, the Circuit Court fop the Rhode Island district. The . brig Samuel; sailed from St. Bartholomews, an island belonging to his majesty the king, of, Sweden, in the month of November, 1811, with a cargo consisting of rum, molasses, and some other articles* and arrived in Newport, Rhode Island, on the 8fh of the following December, where the vessel and cargo were seized and libelléd in the district court as being forfeited to the Unit ad. States, under the act of congress prohibiting the insportation of articles the growth, produce, or manufacture? of Great Britain or France', their…

1Opinion of the Court

Marshall, Ch. j.,

delivered the opinion of the court-

On the-part of the claimants it is contended, 1st. That the proceedings ought to have been at commón law, and not in the admiralty. 2d. That the’ inforrhation, if it be one, is insufficient. 3d. That the testimony is wholly insufficient to warrant a condemnation.

In arguing the first point, the counsel for the claimants endeavoured to take this case out of the principle laid down in the Vengeance, and in other cases resting on the authority of that decision, by urging a difference of phraseology in' the acts of congress. In that part of the…

2Cases cited2 opinions

  1. Salzman v. His CreditorsSupreme Court of Louisiana · 1842
  2. Erwin v. McKinneySupreme Court of Louisiana · 1841

3Cited by34 opinions

  1. The BelfastSupreme Court of the United States · 1869
  2. The Confiscation CasesSupreme Court of the United States · 1874
  3. United States v. $39,000 in Canadian CurrencyCourt of Appeals for the Tenth Circuit · 1986
  4. C. J. Hendry Co. v. MooreSupreme Court of the United States · 1943
  5. The EagleSupreme Court of the United States · 1869

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