| GLASS v. THE SLOOP BETSEY
3 U.S. 6; (1794) 3 Dall. 6
PROCEDURAL POSTURE: Plaintiff claimants, ship and owners, sought review of an order of a United States circuit court, which affirmed the district court's order allowing the plea of defendants, captor and related parties, in the claimants' libel brought against the captor and related parties to recover restitution for a seizure of the ship on the high seas as a prize.
OVERVIEW: The captor, a French captain, seized the ship at sea and claimed it as a prize. Upon the ship's arrival in Baltimore, the ship and its owners filed a libel for restitution, claiming that the ship belonged to subjects of the King of Sweden, and that the cargo belonged to citizens of Sweden and the United States. The captor's plea challenged the district court's jurisdiction. The court ruled that the plea was improperly allowed. In so ruling, the court observed that every district court had the power of a court of admiralty, even with respect to actions involving prizes. Moreover, the court noted that the district court possessed the jurisdiction to decide the issue of restitution, under foreign and United States law. Finally, the court ruled that the French government's efforts to exercise jurisdiction within the jurisdiction of the United States courts was improper.
OUTCOME: The court reversed the circuit court's order affirming the district court's order allowing the plea of the captor and the related parties. The court remanded the matter to the district court for a final decision. The parties were directed to pay their own costs.
Quasi –war; French captor
Prize
Opinion: Jay
Lawyers: ??? |
