Name: The Josefa Segunda — Opinion of the Court
Author: Henry Brockholst Livingston

Quotes from The Josefa Segunda — Opinion of the Court (Henry Brockholst Livingston)

Henry Brockholst Livingston, The Josefa Segunda — Opinion of the Court

“ When any act is done, which of itself, and unexplained, is a violation of law, and a party to extricate himself, or his property, from the consequences of it, resorts to the plea of necessity or distress, the burthen of proof is not only thrown upon him; but when the temptation to infringe the law is great, and the alleged necessity, if real, can be fully and easily established, no Court should be satisfied with any thing short of the most convincing and conclusive testimony. ”

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Source: Wikisource

Henry Brockholst Livingston, The Josefa Segunda — Opinion of the Court

“ The captors, therefore, at the time of the violation of our laws, must be regarded as the lawful owners of the property, and as capable of working a forfeiture of it, by any infraction on their part of the municipal regulations of the United States. The property, in the present case, not only belonged, at the time, to the captors, in virtue of the capture which they had made, but it is evident from the testimony and admissions in this cause, that it was owned at the time of capture by an enemy, and that a condemnation in a Prize Court of Venezuela was inevitable. ”

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Source: Wikisource

Henry Brockholst Livingston, The Josefa Segunda — Opinion of the Court

“ Although not acknowledged by our government as an independent nation, it is well known that open war exists between them and his Catholic Majesty, in which the United States maintain strict neutrality. ”

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Source: Wikisource

Henry Brockholst Livingston, The Josefa Segunda — Opinion of the Court

“ As little foundation is there for resting a claim to restitution on the ransom, which it is alleged took place, of this vessel and cargo. This ransom, whether real or pretended, whether absolute or contingent, (about which, doubts may well be entertained,) cannot affect the rights of the United States. ”

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Source: Wikisource

Henry Brockholst Livingston, The Josefa Segunda — Opinion of the Court

“ This capture, then, having been made under a regular commission of the government of Venezuela, the captors acquired thereby a title to the vessel and cargo, which could only be devested by recapture, or by the sentence of a Prize Court of the country under whose commission the capture was made. The Courts of neutral nations have no right to interfere, except in cases which do not embrace the present capture. ”

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Source: Wikisource

Henry Brockholst Livingston, The Josefa Segunda — Opinion of the Court

“ This is a possible case; but we ought not to be expected on slight grounds to believe that a vessel after leaving the Island of Cuba, in the latter end of February, should, on the 18th of April following, be found, not only several miles farther from her destined port than at the time of sailing, but that she had pursued this circuitous route in search of provisions: a story so improbable could hardly, under any circumstance, be entitled to belief ”

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Source: Wikisource

Henry Brockholst Livingston, The Josefa Segunda — Opinion of the Court

“ This republic is composed of the inhabitants of a portion of the dominions of Spain in South America, who have been for sometime past, and still are, maintaining a contest for independence with the mother country. ”

Henry Brockholst Livingston

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Quotes from The Josefa Segunda — Opinion of the Court (Henry Brockholst Livingston)

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Henry Brockholst Livingston

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Quotes from The Josefa Segunda — Opinion of the Court (Henry Brockholst Livingston)

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