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Page 16, line 25, for Aquilar, read Aguilar.
Page 18, line 14, for Tabot, read Talbot.
Page 32, line 20, for arms of, read arms or.

Page 55, line 18, of the note, for judiciously, read judicially. of the note, for any, read my.

Page 56, line 31,

Page 111, line 36,

Page 152, line 17,

Page 278, line 34,

Page 294, line 31,

of the note, for inquiry, read injury.
of the note, for 1067, read 1267.

for did give, read did not give.

after fecond, infert count.

Page 308, line 7, for 1802 and 1801, read 1801 and 1802.

Page 310, line 2, for defendant, read plaintiff in error.
Page 369, line 18, for Helty, read Hetly.

Page 370, line 11, for the, read be.

Page 444, line 26, for Strolton, read Strottar.


AUGUST, 1801.




THIS was a writ of error to reverse a decree of the Salvage allowed circuit court which reversed the decree of the district to a United court of New-York fo far as it allowed falvage to the recaptors of the ship Amelia and her cargo.

States fhip of
war, for the
re-capture of a
Hamburgh vef-
fel out of the
hands of the

French, (France

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 fhip of war and Hamburgh the Constitution, against the ship Amelia, her tackle, furniture and cargo; and fets forth:

1. That in purfuance of inftructions from the prefident of the United States he fubdued, feized, &c. on the high feas, the said ship Amelia and cargo, &c. and brought her into the port of New-York.

being neutral to each other) on the ground that fhe was in

danger of con

demnation under the French

decree of 18th January, 1798. The United States & France, in the year


1799, were in state of par

tial war. To fupport a demand for falvage, the recapture must be

lawful, and a meritorious fer

2. That at the time of capture the was armed with eight carriage-guns and was under the command of citoyen Etienne Prevoft, a French officer of marine, and had on board, befides the commander, eleven French mariners. That the libellant has been informed that fhe, being the property of fome person to him unknown, failed from Calcutta, an English port in the Eaft-Indies, bound for fome port in Europe; that upon her faid voyage the was met with and captured by a French national corvette, called La Diligente, commanded by L. J. Dubois, who took out of her the captain and crew of the Amelia, with all the Probable caufe is papers relating to her and her cargo, and placed the said Etienne Prevoft, and the faid French mariners, on board ture lawful. of her, and ordered her to St. Domingo for adjudication, Where the as a good and lawful prize; and that the remained in the amount of fal


vice must be rendered.

fufficient to render the re-cap




vage is not regulated by pofitive law, it must be determined by the principles of general law. Marine ordinances of foreign countries, promulgated by

United States,

without further

'tries are gene


full and peaceable poffeffion of the French, from the time of her capture, for the space of ten days, whereby, the libellant is advised, that, as well by the law of nations, as by the paticular laws of France, the faid fhip became, and was to be confidered as a French fhip.

Whereupon, he prays ufual procefs, &c. and condemnation; or, in cafe restoration fhould be decreed, that it may be on payment of fuch falvage as by law ought to be paid for the fame.

The claim and anfwer of Hans Frederic Seeman in bethe executive, half of Meffrs. Chapeau Rouge and Co. of Hamburgh, by order of the owners of the ship Amelia and her cargo, ftated, That the legiflature of the faid fhip commanded by Jacob F. Engelbrecht, as mafter, may be read in failed on the 20th of February, 1798, from Hambugh on the courts of the a voyage to the Eaft-Indies, where the arrived safe; that in United States, April, 1799, fhe left Calcutta bound to Hamburgh; that authentication during her voyage, and at the time of her capture by the or proof. French, the and her cargo belonged to Meffrs. Chapeau Municipal laws Rouge and Co. citizens of Hamburgh, and if restored the of foreign coun will be wholly their property; that on the 6th of Septemrally to be ber, on her voyage home, the was captured on the high proved as feas by a French armed veffel commanded by citizen Dubois, who took out the master and thirteen of her crew and all her papers, leaving on board the claimant, who was mate of the Amelia, the doctor, and five other men. That the French commander put on board twelve hands and ordered her to St. Domingo, and parted from her on the 5th day after her capture. That on the 15th of September, the Amelia, while in poffeffion of the French, was captured, without any refiftance on her part, by the faid fhip of war, the Constitution, and brought into NewYork. That the Amelia had eight carriage guns, it being ufual for all veffels in the trade she was carrying on to be armed, even in times of general peace. That there being peace between France and Hamburgh at the time of the first capture, and alfo between the United States and Hamburgh, and between the United States and France, the poffeffion of the Amelia by the French, in the manner, and for the time ftated in the said libel, could neither by the laws of nations, nor by the laws of France, nor by thofe of the United States, change the property of the said ship Amelia and her cargo, or make the fame liable

to condemnation in a French court of admiralty; that the fame could not therefore be confidered as French property; wherefore, he prays restoration in like plight as at the time of capture by the fhip Conftitution, with costs and charges.

On the 16th December, 1799, the district judge, by confent of parties, made an interlocutory decree, directing the marshal to fell the fhip and cargo, and bring the money into court; and that the clerk thould pay half of the amount of fales to the claimant, on his giving fecurity to refund in cafe the court fhould fo decree; and that the clerk fhould retain the other half in his hands, together with all cofts and charges, &c.

Afterwards, on the 25th of February, 1800, the judge of the district court made his final decree, directing half of the grofs amount of fales of the fhip and cargo, without any deduction whatever, to be paid to the libellant for the use of the officers and crew of the fhip Conftitution, to be diftributed according to the act of congrefs for the government of the navy of the United States. And that out of the other moiety, the clerk fhould pay the officers of the court, and the proctors for the libellant and claimant, their taxed cofts and charges, and that the refidue should be paid to the owners of the Amelia or their agent.

From this decree the claimant appealed to the circuit


At the circuit court for the diftrict of New-York in April, 1800, before judge Washington and the district judge, the cause was argued by B. Livingfton and Burr for the appellant, and Harrison and Hamilton for the refpondent; and on the 9th of April, 1800, the circuit court made the following decree, viz.

"That the decree of the district court, fo far forth as it "orders a payment, by the clerk, of a moiety of the grofs "amount of fales to Silas Talbot, commander, &c. and to "the officers and crew of the faid fhip Conftitution, is ❝ erroneous, and fo far forth be reverfed without cofts; "that is to fay, the court, confidering the admiffion on




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