The sailing under the enemy's license constitutes, of itself, an
act of illegality which "subjects the property to confiscation
without regard to the object of the voyage of the port of
destination."
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 15 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,
Page 15 U. S. 144
but on appeal, sentence of condemnation was pronounced by the
circuit court, from which sentence an appeal was entered to this
Court.
Page 15 U. S. 147
MR. JUSTICE WASHINGTON delivered the opinion of the Court.
The view of the Court is that this case cannot be distinguished
from those already decided. It is alleged that the flour was not
actually destined to the use of the enemy, but whether any part of
it went to his use or not is immaterial. It is indeed possible that
Cadiz might have fallen without the aid of these supplies, and
therefore, in fact, Great Britain and her ally may have been
relieved by these supplies from the pressure of the war in that
quarter. The court, however, in the cases alluded to, proceeded on
a broader ground: all the judges who concurred in those decisions
were of opinion that the mere sailing under an enemy's license,
without regard to the object of the voyage or the port of
destination, constituted of itself an act of illegality which
subjected the property to confiscation. It was an attempt by one
individual of a belligerent country to clothe himself with a
neutral character
Page 15 U. S. 148
by the license of the other belligerent and thus to separate
himself from the common character of his own country.
Sentence affirmed.