La Conception. The Spanish Consul, Claimant
Syllabus
(Prize.) La Conception. The Spanish Consul, Claimant. Where a capture is made of the property of the subjects of a nation iq amity with the United States, by a vessel built, armed, equipped, and owned in the United States, such capture is illegal, and the property, if brought within our territorial limits, will be restored to the original owners. Where a transfer of the capturing Vessel in the ports of the belligerent State, under whose flag and commission she sails on a cruize, is set up in order to legalize the capture, the bona jides of the sale must be proved by the usual documentary evidence, in a satisfactory manner. Appeal from the Circuit Court pf South Carolina. , This was an allegation filed in the District Court of South Carolina by the Vice Consul of his Catholic Majesty, claiming restitution of the ship La Conception and cargo, as the property of Spanish subjects to him unknown, which had been illegally captured by the armed ship La Union, sailing under the flag of Buenos Ayres, and pretending to have a commission or letter of marque from that government, but actually built, equipped, armed, and manned in the United States. A claim was interposed by one Brown, claiming the property as having been taken by him, as commander of La Union, on the , . J , ... .. , high seas, under a commission from the government of Buenos Ayres, authorizing him to capture the property of the subjects of Spain. The District and Circuit Courts decreed restitution of the property to the
Full Opinion (1,477 characters)
Mr. Justice Story delivered the opinion of the Court. In this case, if the cause had stood solely upon the evidence before the Circuit Court, we should have no difficulty in affirming its decision. But upon the new proofs which have been since taken, and are now produced to this Court, it is apparent that the capturing vessel was originally built, equipped, manned, and armed in the United States for a cruize, being owned by citizens of this country, and sailed with the intent of cruizing against Spain. It is true that she went to Buenos Ayres, ánd sailed under the colours of that government on a second cruize, during which this capture was made ; -but, there is no satisfactory evidence that the American ownership ever ceased, or that there was a real, bona fide sale at Buenos Ayres. If such a sale had really taken place, it was perfectly in the power o’f the captors to have proved it, in the clearest manner. A bill of sale is the customary and universal document by which the ownership of vessels is evidenced ; and the want of any document of this nature, or of any direct and positive evidence of an actual sale, leaves no doubt m the mind of the Court, that no such sale ever was made. The consequence is, that the capturing vessel must still be considered, as owned in the United States; and, according to the decisions which have already been made, the capture was illegal, and the property must be restored to the original Spanish owners. Sentence reversed.
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