United States Supreme Court Cases & Opinions

U.S. Supreme Court

The Antelope, 25 U.S. 12 Wheat. 546 546 (1827)

The Antelope

25 U.S. (12 Wheat.) 546

Syllabus

Further explanation of the decree of this Court, in S.C. 23 U. S. 10 Wheat. 66, 6 Cond. 30, and 24 U. S. 11 Wheat. 413, 6 Cond. 368.

The Africans captured, except those restored to the Spanish claimants, to be delivered to the United States absolutely and unconditionally, without the precedent payment of expenses:

No judgment or decree can be rendered directly against the United States for costs and expenses.

The fees and compensation to the marshal, where the government is a party to the suit and his fees or compensation are chargeable to the United States, are to be paid out of the Treasury upon a certificate of the amount, to be made by the court or one of the judges.

Decree of the circuit court in respect to the apportionment among the several parties to the suit of the costs and expenses affirmed.

Identity of the Africans restored to the Spanish claimant established by sufficient evidence.

This is the same cause which is reported in 10 Wheat. 66m 6 Cond.Rep. 38, and 11 Wheat. 413, 6 Cond.Rep. 368 and was again brought before the Court upon a further appeal and certificate of a division of opinions as to the proceedings of the court below in execution of the former decrees of this Court.