Supreme Court of the United States
The Brig Short Staple and Cargo, (hallaway and Others, Claimants,) v. the United States
February 17, 181513 U.S. 55
Summary
The Court held that a vessel's entry into a foreign port does not violate the embargo laws when the vessel was genuinely captured and carried there by force it could not resist. Because the evidence established a real capture rather than a collusive arrangement, the Court reversed the condemnation and ordered restoration of the vessel. The Court did not decide whether the vessel's registration and bond independently avoided forfeiture.
Holding
- Whether the Short Staple's entry into St. Nichola Mole was justified because it resulted from a genuine capture by force that the vessel could not resist.. A genuine capture and transportation into a foreign port by force the vessel could not resist justifies conduct that would otherwise violate the embargo laws; because the evidence established such a capture and did not establish collusion, the Short Staple was not subject to condemnation.