(DOWNLOAD) "United States v. La Vengeance" by United States Supreme Court " Book PDF Kindle ePub Free
eBook details
- Title: United States v. La Vengeance
- Author : United States Supreme Court
- Release Date : January 01, 1796
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
Error from the Circuit Court for the district of New York. It appeared on the return of the record, that La Vengeance, a French privateer, had captured and carried into New York, a Spanish ship, called La Princessa de Asturias; and that thereupon Don Diego Pintardo, the owner of the prize, filed a Libel in the District Court, complaining of the capture; alledging that La Vengeance was illegally fitted out within the United States; and praying restitution and damages: but on a claim, exhibited in behalf of the owners of the privateer, the District Court dismissed the Libel with costs; and, upon appeal to the Circuit Court, that decree was affirmed. The fate of Pintardo's Libel determined, likewise, the fate of an information filed ex officio, by the District Attorney, claiming the privateer as a forfeture, upon the same allegation, that she had been illegally armed and equipped in the United States, in violation of the act of Congress: and in both these decisions the parties acquiesced. But a third proceeding had been instituted against the privateer, in which the District Attorney filed, ex officio, an information, stating 'that Aquila Giles, Marshal of the said district, had seized to the use of the United States, as forfeited, a certain schooner, or vessel, called La Vengeance, with her tackle, apparel, and furniture, the property of some person, or persons, to the said Attorney unknown; for that certain cannons, muskets, and gun-powder, to wit, 2 cannon, 20 muskets, and 50 boxes of gun-powder, were between the 22nd of May, 1794, and the 22nd of May, 1795,1 * exported in the said schooner, or vessel, from the said United States, to wit, from Sandy-Hook, in the state of New Jersey (that is to say, from the city of New York in the New York district) to a foreign country, to wit, to Port-de-Paix, in the island of St. Domingo, in the West-Indies, contrary to the prohibitions of the act, in such case made and provided,' etc: And praying judgment of forfeiture accordingly. A claim was filed on behalf of the owners of the privateer, denying the exportation of cannon or muskets; and alledging that the gun-powder constituted part of the equipment of the Semillante, a frigate belonging to the Republic of France, and had been taken from her and put on board the privateer, to be carried to Port-de-Paix, by order of the proper officer of the said Republic. It was, also, alledged, that the schooner, after her arrival at Port-de-Paix, was bona fide sold to one Jaques Rouge, a citizen of the French Republic, in whose behalf the claim was instituted.