A suit by the owners of captured property, lost through the
fault and negligence of the captors, for compensation id
damages.
The right of visitation and search is a belligerent right which
cannot be drawn into question, but must be conducted with as much
regard to the safety of the vessel detained as is consistent with a
thorough examination of her character and voyage.
Detention after search pronounced to be unjustifiable under the
circumstances of the case.
The value of the captured vessel and the prime cost of the
cargo, with all charges, and the premium of insurance, where it has
been paid, allowed in ascertaining the damages.
Page 15 U. S. 328
The schooner
Anna Maria, belonging to citizens of the
United States, sailed from Alexandria on 27 September, 1812, laden
with a cargo also belonging to American citizens and bound to St.
Bartholomews, a neutral island. On 16 October, the schooner made
the Virgin Islands, where she continued, it being calm, until the
19th. About mid-day on the 19th, light breezes sprung up from the
eastward, and the
Anna Maria, as stated by her master, was
using her utmost endeavors to make St. Bartholomews. It appears,
however, that the vessel headed towards St. Thomas, an island in
possession of the British. In this situation a sail, which proved
to be the
Nonsuch privateer of Baltimore, was discovered
bearing east northeast from them, which gave chase under English
colors and soon overtook them. The
Anna Maria was boarded
about four in the afternoon, and her master, with all her papers,
sent on board the
Nonsuch. A search for other papers was
commenced and continued for
Page 15 U. S. 329
about two hours. The boarding officer, who had appeared in the
disguise of a British officer, then returned to the
Nonsuch, being succeeded by another officer who kept
possession of the
Anna Maria with two men and was ordered
to continue under the lee of the
Nonsuch till the
succeeding day, when it was intended, as alleged, to continue the
search. The whole crew of the
Anna Maria were taken out,
and with her master put in irons. The next morning about nine, two
other vessels were descried, and, as stated by the master of the
Anna Maria and by one of the officers of the privateer,
were chased by the
Nonsuch. In the chase she lost sight of
the
Anna Maria, and soon afterwards fell in with her. The
officer, with the two men on board her, attempted, as they say, to
bring her into the United States, but, being in want of water,
wood, and candles, they went into St. Jago del Cuba and sold a part
of the cargo to enable them to purchase these necessaries. In
attempting to bring the vessel out of port, she was run aground and
injured, after which she was sold with the residue of her cargo,
and the proceeds remained in the hands of the American consul for
those who may be entitled to them.
The
Nonsuch soon afterwards returned to the United
States, and a libel was filed by the owners of the
Anna
Maria and cargo against the owners of the
Nonsuch in
the District Court of Maryland claiming compensation in damages for
the injury they had sustained. This libel was dismissed by the
district
Page 15 U. S. 330
court, and the decree affirmed by the circuit court, on which
the cause was brought by appeal to this Court.
Page 15 U. S. 331
MR. CHIEF JUSTICE MARSHALL delivered the opinion of the Court,
and after stating the facts, proceeded as follows:
To sustain the claim of the libellants, the first point to be
established is the fairness of the voyage. It being admitted that
the vessel and cargo were American, the only inquiry is was the
Anna Maria really destined for a neutral port.
Her papers show that she was destined for St. Bartholomews; her
master swears that he intended to reach that port and no other, and
that he was using his best endeavors to make it when he was stopped
by the
Nonsuch.
The circumstances which might create doubt respecting the truth
of this testimony are his situation and course when descried by the
Nonsuch. He was within six or eight leagues of St. Thomas
and steering a course which brought him nearer to that island. But
his place is accounted for by the current and the calm which had
preceded his capture, and his course is stated by himself, and his
testimony
Page 15 U. S. 332
is not contradicted, to have been calculated to enable him to
gain St. Bartholomew, to the leeward of which he had fallen. This
representation is supported by the fact that being at the Virgin
Islands on the 16th, he might, by availing himself of the current,
have reached St. Thomas before he was descried by the
Nonsuch. It is also supported by the great improbability
of his attempting to enter an enemy's port without obtaining a
license which would have protected him from hostile capture in that
port as well as on his voyage to it. That he had not a license is
proved not only by his own oath but by the fact that although the
master and crew, as well as the vessel, have remained in possession
of the captors, no license has been found and there is no reason to
believe that it could have been secreted, and it is not probable
that it would have been destroyed on the appearance of the
Nonsuch, since she chased and boarded under British
colors.
The voyage, then, must be considered as entirely fair. The next
subject of inquiry is the right to visit and to detain for search.
This is a belligerent right, which cannot be drawn into question.
As little can it be questioned that the situation of the
Anna
Maria justified a full and rigorous search. But this search
ought to have been conducted with as much regard to the rights and
safety of the vessel detained as was consistent with a thorough
examination of her character and voyage. All that was necessary to
this object was lawful; all that transcended it was unlawful.
Page 15 U. S. 333
When the
Anna Maria was boarded, her master gave a
plain and true account of the character of the vessel and cargo,
which was verified by the ship's papers and which does not appear
to have been doubted. But although the vessel and cargo were
American, the trade might be hostile, and the right to examine
fully into this fact was complete.
There was no prevarication in the statements of the master which
could excite suspicion, and the search for other papers was
continued for two hours without intermission. Although the
character of British officers was maintained, nothing indicating
British connection in the voyage was discovered, and although the
trunks were broken open and searched, no additional papers were
found. It was pressing the right of search as far as it could bear
to determine on repeating it the next day, and an inattention to
the safety of the
Anna Maria, which only her neighborhood
to the island of St. Thomas could excuse, longer to detain her. But
there is some reason to doubt whether further search was the real
object of this detention. It does not appear to have been
recommenced at nine the next morning, and this leads to the opinion
that the vessel was detained not so much to make further search as
in the hope of drawing from the master or some of the crew, who
were all in irons, something which might lead to the condemnation
of the vessel and cargo. This conduct must be viewed with much
lenity to be pardoned. But whatever excuse may be made for the
detention thus far, none can be given for the transactions which
remain to be noticed.
Page 15 U. S. 334
Before the captain of the
Nonsuch left the
Anna
Maria, in pursuit of other objects, he ought to have decided
either to seize her as prize or to restore her. Had he seized her
as prize, her master, at least, ought to have been returned to her,
and her papers should have been sealed and put in possession of a
prize master. If he determined not to seize her as prize, her
master and crew ought to have been restored, that she might have
prosecuted her voyage. No apology can be made for leaving her in
the condition in which she was placed. Stripped of her crew and of
her papers, left in possession of an officer and two men, without
orders whither to proceed, she was exposed to dangers, for the loss
resulting from which those who placed her in this situation must be
responsible. Had she been regularly captured, many of the
difficulties encountered in St. Jago del Cuba might have been
avoided; had she been restored, she might and probably would have
reached her port of destination in safety.
The proceedings of the
Nonsuch, after a search,
converted the whole transaction into a wanton marine trespass for
which no sufficient excuse has been given.
However meritorious may have been the services of the private
armed vessels of the United States in the aggregate, those
individuals who have acted with this culpable disregard to the
rights of others ought not to escape the animadversion of the law.
The conduct of the officers of the
Nonsuch on board the
Anna Maria was unjustifiably licentious. Breaking
Page 15 U. S. 335
open trunks when keys were offered them, taking out the crew and
putting them in irons, and leaving her in this situation were acts
not to be excused. The honor and the character of the nation are
concerned in repressing such irregular ties, and the justice of the
Court requires that compensation should be made for the injury
which the libellants have sustained.
The sentence of the circuit court must be reversed and the cause
remanded to the circuit with directions to reverse the sentence of
the district court and to direct commissioners to ascertain the
amount of damages sustained by the libellants, in doing which the
value of the vessel and the prime cost of the cargo, with all
charges, and the premium of insurance, where it has been paid, with
interest, are to be allowed. Out of this decree must be deducted
the amount of the proceeds of the
Anna Maria and cargo
unless the libellants shall choose to abandon those proceeds to the
defendants.
Sentence reversed.
