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Page 16, line 25, for Aquilar, read Aguilar.
Page 55, line 18, of the note, for judiciously, read judicially.
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of the note, for any, read my.
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 370, line 11, for the, read be.
Page 444, line 26, for Strolton, read Strotter.
SUPREME COURT U. S.
SILAS TALBOT v. HANS FRED. SEEMAN.
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 so 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 veffel out of the
The libel in the district court was filed November 5th hands of the 1799, by captain Talbot, in behalf of himself and the French, (France other officers and crew of the United States fhip of war and Hamburgh the Constitution, against the ship Amelia, her tackle, fur- being neutral to each other) on niture and cargo; and sets forth: the ground that fhe was in
1. That in pursuance of inftructions from the prefident of the United States he subdued, feized, &c. on the high feas, the faid fhip Amelia and cargo, &c. and brought her into the port of New-York.
danger of con
decree of 18th
lawful, and a
2. That at the time of capture the was armed with in the year eight carriage-guns and was under the command of citoy- 1799, were in en Etienne Prevoft, a French officer of marine, and had a state of paron board, befides the commander, eleven French mariners. To fupport a tial war. That the libellant has been informed that the, being the demand for property of fome person to him unknown, failed from falvage, the reCalcutta, an English port in the Eaft-Indies, bound for capture must be fome port in Europe; that upon her faid voyage fhe was meritorious fermet with and captured by a French national corvette, cal- vice must be led La Diligente, commanded by L. J. Dubois, who took rendered. 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 faid der the re-capEtienne 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
fufficient to ren
vage is not re-
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 n; 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 fhip Amelia and her cargo, ftated, That the legislature of the faid fhip commanded by Jacob F. Engelbrecht, as master, may be read in failed on the 20th of February, 1798, from Hambugh on the courts of the a voyage to the East-Indies, where the arrived fafe; that in United States, April, 1799, the left Calcutta bound to Hamburgh; that authentication during her voyage, and at the time of her capture by the French, the and her cargo belonged to Meffrs. Chapeau Municipal laws Rouge and Co. citizens of Hamburgh, and if restored fhe of foreign coun 'tries are genewill 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 resistance on her part, by the faid fhip of war, the Conftitution, and brought into NewYork. That the Amelia had eight carriage guns, it being ufual for all veffels in the trade fhe 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 also 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 faid 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 faid fhip 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 reftoration 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 sell the ship 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 ship 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 distributed according to the act of congress 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 costs 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. Livingston 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 so far forth be reverfed without costs; "that is to fay, the court, confidering the admiffion on