Talbot v. Seeman
Supreme Court of the United States
This was a writ of error to reverse a decree of the circuit court which reversed the decree of the district court of New-York so far as it allowed salvage to the recaptors of the ship Amelia and her cargo.
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This was a writ of error to reverse a decree of the circuit court which reversed the decree of the district court of New-York so far as it allowed salvage to the recaptors of the ship Amelia and her cargo. The libel in the district court was filed November 5th 1799, by captain Talbot, in behalf of himself and the other officers and crew of the United States ship of war the Constitution, against the ship Amelia, her tackle, furniture and cargo; and sets forth: 1. That in pursuance of instructions from the president of the United States he subdued, seized, &c. on the high seas, the said ship…
1Opinion of the Court
Judge Moore,
in delivering his opinion in that case says, “It is however more particularly urged, that the word “ enemy” can not be applied to the French; because the “section, in which it is used, is confined to such a state “of war, as would authorize a re-capture of property be- “ longing to a nation in amity with the United States, and “ such a state of war does not exist between America and “ France. A number of books have been cited to furnish “a glossary on the word enemy; yet, our situation is so “extraordinary, that I doubt whether a parallel case “can he traced in the history of…
2Cited by70 opinions
- United States v. Verdugo-UrquidezSupreme Court of the United States · 1990
- Liverpool & Great Western Steam Co. v. Phenix InsuranceSupreme Court of the United States · 1889
- Ex Parte QuirinSupreme Court of the United States · 1942
- Hunter v. EricksonSupreme Court of the United States · 1969
- The New YorkSupreme Court of the United States · 1899
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