The Commercen
Supreme Court of the United States
Appeal from the circuit court for the district of Massachusetts. This was the case of a Swedish vessel captured on the 16th of April, 1814, by'the private arméd schooner Lawrence, on a voyage from Limerick, in Ireland, to Bilboa, in Spain.
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Appeal from the circuit court for the district of Massachusetts. This was the case of a Swedish vessel captured on the 16th of April, 1814, by'the private arméd schooner Lawrence, on a voyage from Limerick, in Ireland, to Bilboa, in Spain. The cargo consisted of barley a;nd oats, the property of -British subjects, the exportation of which is generally. prohibited by the British, government j and, as well by. the official papers of the custom-house, as by the private letters of the shippers, it appears to have been shipped under the special permission of the governmént, for the sole use of his…
1Opinion of the CourtStory, J.
The single point now in controversy in this cause is, whether the ship is entitled to the freight for the voyage. The general rule that the neutral carrier of enemy’s property is entitled to his freight, is now too firmly .established to admit of discussion. But to this rule there are many exceptions. If the neutral be guilty of fraudulent or uimeutral conduct, or has interposed himself to assist the enemy in carrying on the war, he is justly deemed to have forfeited his title to freight. Hence, the carrying of contraband goods to the enemy; the engaging in the coasting or colonial trade of…
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