Moodie v. The Phoebe Anne - 3 U.S. 319 (1796)


U.S. Supreme Court

Moodie v. The Phoebe Anne, 3 U.S. 3 Dall. 319 319 (1796)

Moodie v. The Phoebe Anne

3 U.S. (3 Dall.) 319

Syllabus

A French privateer had taken out her guns, masts and sails, which remained on shore till the general repairs of the vessel were completed and they were again put on board, after which she sailed on a cruise and captured a British vessel, which she sent into Charleston. On a claim to restitution, on the ground that the privateer had been illegally fitted out in a neutral port, the Court decided that the mere replacement of her force could not be considered a material augmentation, even if an augmentation of force could be considered as a cause for restitution.

The Phoebe Anne, a British vessel, had been captured by a French privateer and sent into Charleston. The British Consul files a Libel claiming restitution of the prize upon a suggestion that the privateer had been illegally outfitted, or had illegally augmented her force, within the United States. On the proofs, it appeared that the privateer had originally entered the port of Charleston, armed and commissioned for war; that she had there taken out her guns, masts, and sails, which remained on shore till the general repairs of the vessel were completed, when they were again put on board, with the same force or thereabouts, and that on a subsequent cruise, the prize in question was taken. The decrees in the district and circuit courts were both in favor of the captors, and on the return of the record into this Court, Reed, having pointed out the additional repairs, argued generally on the impolicy and inconvenience of suffering privateers to equip in our ports.



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