The Fanny
22 U.S. 658

Annotate this Case

U.S. Supreme Court

The Fanny, 22 U.S. 9 Wheat. 658 658 (1824)

The Fanny

22 U.S. (9 Wheat.) 658

APPEAL FROM THE CIRCUIT

COURT OF MARYLAND

Syllabus

Case of capture by an armed vessel fitted out in the ports of the United States in breach of the neutrality acts. Claim by an alleged bonae fidei purchaser in a foreign port rejected, and restitution decreed to the original owners.

A bonae fidei purchaser, without notice, in such case is entitled to be reimbursed the freight which he may have paid upon the captured goods, and the innocent neutral carrier of such goods, the same having been transshipped in a foreign port, is entitled to freight out of the goods.

Page 22 U. S. 659

This was the case of a libel filed by the Consul-General of Portugal on behalf of certain Portuguese subjects, owners of a number of hides which had been brought from St. Thomas to Baltimore in the brig Fanny. The facts proved in the cause which the court considered to be material are the following:

Sometime in the year 1817, Robert M. Goodwin, Clement Cathill, James Halsey, and John R. Mifflin, all of them citizens of the United States and denominated "The American concern," fitted out, at Buenos Ayres, a brig, called La Republicana as a privateer to cruise against the subjects of Spain and Portugal under a commission obtained for her from Jose Artigas. Thus prepared, she sailed under the command of Obadiah Chase, also a citizen of the United States, and in February, 1818, she captured the Portuguese brig Aurora, which, with her cargo, were sent to St. Barts, and there sold as American property for about 20,000 dollars. With this money, thus raised, Goodwin proceeded to Baltimore, and there invested it in the purchase of a new brig, called the Athenea, which had been lately built at that port. Having changed her name to that of the New Republicana, both privateers shipped their crews at Baltimore, together with their munitions of war, except the cannon and carriages for the latter vessel, which, with a view of deceiving the custom house officers, were put on board of a small schooner and were transferred to this privateer a few miles below the

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