| Talbot v. Janson
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| Syllabus
| Opinion
[ Paterson ] | Opinion
[ Iredell ] | Opinion
[ Wilson ] | Opinion
[ Cushing ] | Opinion
[ Rutledge ] |
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Talbot v. Janson
Rutledge, Chief Justice.--The merits of the cause are so obvious, that I do not conceive there is much difficulty in pronouncing a fair and prompt decision, for affirming the decree of the Circuit Court.
The doctrine of expatriation is certainly of great magnitude; but it is not necessary to give an opinion upon it, in the present cause, there being no proof, that Captain Talbot's admission as a citizen of the French Republic, was with a view to relinquish his native country; and a man may, at the same time, enjoy the rights of citizenship under two governments.
It appears, upon the whole, that Ballard's vessel was illegally fitted out in the United States; and the weight of evidence satisfies my mind, that Talbot's vessel, which was originally American property, continued so at the time of the capture, notwithstanding all the fraudulent attempt to give it a different complexion. The capture, therefore, was a violation of the law of nations, and of the treaty with Holland. The court has a clear jurisdiction of the cause, upon the express authority of Pelaches's Case. 4 Inst. And every motive of good faith and justice must induce us to concur with the Circuit Court, in awarding restitution.
The Decree of the Circuit Court affirmed.
The Counsel for the Appellees, then moved the court to assess additional damages, which was opposed by Dallas, for the Appellant; and, after argument, the following order was made:
By the Court: Ordered, that the decree of the Circuit Court of South Carolina district, pronounced on the 5th day of November, in the year of our Lord one thousand seven hundred and ninety-four, affirming the decree of the District Court of the same district, pronounced on the sixth day of August, in the year of our Lord one thousand seven hundred and ninety-four, be in all its parts established and affirmed. And it is further considered, ordered, adjudged and decreed, that the said William Talbot, the Plaintiff in error, do pay to the said Joost [p*170] Jansen, the Defendant in error, in addition to the sum of one thousand seven hundred and fifty-five dollars fifty-three cents, for demurrage and interest, and eighty-two dollars for costs, in the decree of the said Circuit Court mentioned, demurrage for the detention and delay of the said brigantine Vrouw Christina Magdalena, at the rate of nine dollars and thirty-three cents, lawful money of the United States, per diem, to be accounted from the fifth day of November last past, till the sixth day of June last, the day of the actual sale of the said brigantine, under the interlocutory order of this court, of the third day of March last part, to wit, for two hundred and thirteen days, a sum of nineteen hundred and eighty-seven dollars and twenty-nine cents; and also interest at the rate of seven per centum per annum, for two hundred and ninety days, on the sum of fifty-one thousand eight hundred and forty-five dollars, being the amount of the sales of the cargo of the said brigantine heretofore sold, by order and permission of the said District Court, and making a sum of two thousand eight hundred and eighty-three dollars and forty-two cents; and also a like sum of seven per centum per annum on the amount of sales of the said brigantine Vrouw Christina Magdalena, under the order of this court, that is to say, interest for seventy-seven days, on the sum of eighteen hundred and twenty dollars, from the said sixth day of June last, making the sum of twenty-six dollars and eighty-seven cents, the whole of which interest to be accounted to this day, and making together the sum of two thousand nine hundred and ten dollars twenty-nine cents, lawful money of the United States; and which said interest and demurrage, make together the sum of four thousand eight hundred and ninety-seven dollars fifty-eight cents, in addition to and exclusive of the demurrage interest and costs adjudged in the said Circuit Court of the United States, for South Carolina district; also ninety-one dollars and ninety-three cents, for his costs and charges: and that the said Joost Jansen have execution of this judgment and decree by special mandate to the said Circuit Court, and process agreeable to the act of the Congress of the United States, in that case made and provided.