Ariadne 8212

CourtUnited States Supreme Court
Writing for the CourtWASHINGTON
Citation2 Wheat. 143,4 L.Ed. 205,15 U.S. 143
Decision Date01 February 1817
PartiesThe ARIADNE.— Goddard et al. Claimants

15 U.S. 143
2 Wheat. 143
4 L.Ed. 205
The ARIADNE.—Goddard et al. Claimants.
February Term, 1817

APPEAL from the circuit court for the district of Pennsylvania.

This vessel, belonging to citizens of the United States, and laden with a cargo of flour also belonging to citizens of the same, was captured on the 15th day of October, 1812, on a voyage from Alexandria to Cadiz, with a license or passport of protection from the British admiral, Sawyer. The vessel and cargo were restored in the district court;

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but on appeal, sentence of condemnation was pronounced by the circuit court, from which sentence an appeal was entered to this court.

Mr. G. Sullivan, for the appellants and claimants, offered to read farther proof, taken under the standing rule of the court, (25th rule, Feb. term, 1816.)

Mr. Woodward, and Mr. C. J. Ingersoll, for the captors, denied the authority of the rule under which the farther proof was taken. They argued that the act of congress did not provide for taking depositions to be used as farther proof in prize causes, except where the course of prize practice authorizes it; that farther proof is never admissible, until the cause is heard on the original evidence.

[Mr. Chief Justice MARSHALL called on the claimant's counsel to show what facts the farther proof tended to establish, and stated, that if the case could be distinguished from the former determinations respecting licenses, a foundation would be laid for the admission of the depositions as farther proof.]

Mr. Webster, for the appellants and claimants, contended, that this case could be distinguished from those which had been decided. In the case of the Julia,a the court had said, 'We hold, that the sailing on a voyage under the license and passport of protection of the enemy, in furtherance of his

a 9 Cranch, 181.

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views or interests, constitutes such an act of illegality as subjects the ship and cargo to confiscation as prize of war; and that the facts of the present case afford irrefragable evidence of such an act of illegality.' This proposition, as a doctrine of law, would be equally true, leaving out all that it contains relative to a license. A voyage prosecuted in furtherance of the enemy's interests is undoubtedly illegal, and it was on this illegality of the voyage itself that the judgment of the court proceeded. The court say they are satisfied from the facts that the voyage was illegal. In the case now before the court the...

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7 practice notes
  • University of Notre Dame Du Lac v. Twentieth Century-Fox Film Corp., CENTURY-FOX
    • United States
    • New York Supreme Court Appellate Division
    • February 9, 1965
    ...Sullivan, 376 U.S. 254, 277, 84 S.Ct. 710, 11 L.Ed.2d 686; Smith v. People of State of California, 361 U.S. 147, 153, 154, 80 S.Ct. 215, 4 L.Ed. 205; Farmers Educational & Co-Op Union of America, North Dakota Div. v. WDAY, Inc., 360 U.S. 525, 530, 79 S.Ct. 1302, 3 L.Ed.2d 'What seems to one......
  • Substitutes United for Better Schools v. Rohter, No. 80 C 501.
    • United States
    • United States District Courts. 7th Circuit. United States District Court (Northern District of Illinois)
    • May 13, 1980
    ...Times v. Sullivan, 376 U.S. 254, 266, 84 S.Ct. 710, 718, 11 L.Ed.2d 686 (1964); Smith v. California, 361 U.S. 147, 150, 80 S.Ct. 215, 217, 4 L.Ed. 205 (1959); Spartacus Youth League v. Board of Trustees, supra, at ___. The question is whether a request for the purchase price of a newspaper ......
  • The Adula, No. 167
    • United States
    • United States Supreme Court
    • February 26, 1900
    ...The Julia, 8 Cranch, 181, 3 L. ed. 528; The Aurora, 8 Cranch, 203, 3 L. ed. 536; The Hiram, 1 Wheat. 440, 4 L. ed. 131; The Ariadne, 2 Wheat. 143, 4 L. ed. 205. This passport gave the Adula authority to enter the Cuban ports and take away refugees, and it is a circumstance worthy of notice ......
  • The Prdro, No. 115
    • United States
    • United States Supreme Court
    • December 11, 1899
    ...with accordingly. Story, Prize Courts (Pratt's) ed.)' 60, 66, and cases cited; The Friendschaft, 4 Wheat. 105, 4 L. ed. 525; The Ariadne, 2 Wheat. 143, 4 L. ed. 205; The Cheshire, 3 Wall. 231, sub nom. The Cheshire v. United States, 18 L. ed. 175; Hall. Int. Law, § 169. These stockholders w......
  • Request a trial to view additional results
7 cases
  • University of Notre Dame Du Lac v. Twentieth Century-Fox Film Corp., CENTURY-FOX
    • United States
    • New York Supreme Court Appellate Division
    • February 9, 1965
    ...Sullivan, 376 U.S. 254, 277, 84 S.Ct. 710, 11 L.Ed.2d 686; Smith v. People of State of California, 361 U.S. 147, 153, 154, 80 S.Ct. 215, 4 L.Ed. 205; Farmers Educational & Co-Op Union of America, North Dakota Div. v. WDAY, Inc., 360 U.S. 525, 530, 79 S.Ct. 1302, 3 L.Ed.2d 'What seems to......
  • Substitutes United for Better Schools v. Rohter, No. 80 C 501.
    • United States
    • United States District Courts. 7th Circuit. United States District Court (Northern District of Illinois)
    • May 13, 1980
    ...Times v. Sullivan, 376 U.S. 254, 266, 84 S.Ct. 710, 718, 11 L.Ed.2d 686 (1964); Smith v. California, 361 U.S. 147, 150, 80 S.Ct. 215, 217, 4 L.Ed. 205 (1959); Spartacus Youth League v. Board of Trustees, supra, at ___. The question is whether a request for the purchase price of a newspaper ......
  • The Adula, No. 167
    • United States
    • United States Supreme Court
    • February 26, 1900
    ...The Julia, 8 Cranch, 181, 3 L. ed. 528; The Aurora, 8 Cranch, 203, 3 L. ed. 536; The Hiram, 1 Wheat. 440, 4 L. ed. 131; The Ariadne, 2 Wheat. 143, 4 L. ed. 205. This passport gave the Adula authority to enter the Cuban ports and take away refugees, and it is a circumstance worthy of notice ......
  • The Prdro, No. 115
    • United States
    • United States Supreme Court
    • December 11, 1899
    ...with accordingly. Story, Prize Courts (Pratt's) ed.)' 60, 66, and cases cited; The Friendschaft, 4 Wheat. 105, 4 L. ed. 525; The Ariadne, 2 Wheat. 143, 4 L. ed. 205; The Cheshire, 3 Wall. 231, sub nom. The Cheshire v. United States, 18 L. ed. 175; Hall. Int. Law, § 169. These stockholders w......
  • Request a trial to view additional results

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