The Nueva Anna and Liebre, 19 U.S. 193 (1821)

U.S. Supreme Court

The Nueva Anna and Liebre, 19 U.S. 193 (1821) The Nueva Anna and Liebre

19 U.S. 193

APPEAL FROM THE DISTRICT

COURT OF LOUISIANA

Syllabus

THIS court does not recognize the existence of any lawful court of prize at Galveston, nor of any Mexican republic or state with power to authorize captures in war.

These were the cases of the cargoes of two Spanish ships, captured and condemned by a pretended court of admiralty at Galveston constituted by Commodore Aury under the alleged authority of the Mexican Republic. The goods were, after this condemnation, brought into the port of New Orleans and there libeled by the original Spanish owners in the district court. That court decreed restitution to the original owners, and the captors appealed to this Court.

The Court stated that it did not recognize the existence of any court of admiralty sitting at Galveston with authority to adjudicate on captures, nor had the government of the United States hitherto acknowledged the existence of any Mexican republic or state at war with Spain, so that the Court could not consider as legal any acts done under the

Page 19 U. S. 194

flag and commission of such republic or state.

But as the record in this case stated the capture to have been made under the flag of Buenos Ayres, it became necessary to send back the case in order to ascertain under what authority it was in fact made.

Sentence reversed and cause remanded for further proceedings.