by John Marshall

“ The proceedings of the Nonsuch, after a search, converted the whole transaction into a wanton marine trespass, for which no sufficient excuse has been given.
However meritorious may have been the services of the private armed vessels of the United States, in the aggregate, those individuals who have acted with this culpable disregard to the rights of others ought not to escape the animadversion of the law. The conduct of the officers of the Nonsuch on board the Anna Maria was unjustifiably licentious. ”

“ To sustain the claim of the libellants, the first point to be established is, the fairness of the voyage. It being admitted that the vessel and cargo were American, the only inquiry is, was the Anna Maria really destined for a neutral port?
Her papers show that she was destined for St. Bartholomews; her master swears that he intended to reach that port, and no other; and that he was using his best endeavours to make it when he was stopped by the Nonsuch. ”

“ That he had not a license is proved, not only by his own oath, but by the fact that, although the master and crew, as well as the vessel, have remained in possession of the captors, no license has been found, and there is no reason to believe that it could have been secreted, and it is not probable that it would have been destroyed on the appearance of the Nonsuch, since she chased and boarded under British colours.
The voyage, then, must be considered as entirely fair. The next subject of inquiry is, the right to visit and to detain for search. ”