THE ARIADNE.-GODDARD ET AL. CLAIMANTS
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In a maritime prize case during the War of 1812, the Supreme Court upheld the confiscation of flour cargo aboard the ship Ariadne, holding that sailing under an enemy's license alone—regardless of the cargo's actual destination or intended use—constituted an illegal act subjecting the property to seizure as a prize of war. The Court rejected the shipowner's argument that the cargo was not destined for enemy use, establishing that a belligerent national cannot obtain neutral status merely by obtaining an enemy's sailing license.
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Mr. Justice Washington delivered the opinion of the court.
The view of the court is, that this case cannot be distinguished from those already decided, it is alleged that the flour was not actually destined to the use of the enemy; but whether any part of it went to his use or not, is immaterial, ' It is, indeed, possible that Cadiz might have fallen without the aid of these supplies; and therefore, in fact, Great Britain and her ally may have been relieved, by these supplies, from the pressure of the war in that quarter. The court, however, ,in the cases alluded to, proceeded on a broader ground: all the judges who concurred in those decisions .were of opinion, that the mere sailing under an enemy’s license', without regard to the object of the voyage, or the port of destination, constituted, of itself, an act of illegality which subjected the property to confiscation. It. was ah attempt by one individual of a belligerent country to clothe himself with a ueutral, .character by the license of the other belligerent, and thus to separate himself from the common character of his own country.
Sentence affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
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The Amiable Isabella, 6 Wheat. 1 (U.S. 1821)
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The Caledonian.-Dickey, 4 Wheat. 100 (U.S. 1819)
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The Pedro, 175 U.S. 354 (U.S. 1899)…iards. Nothing is better settled than that she must, under such circumstances, be deemed to be a Spanish ship and to be dealt with accordingly. Story on Prize Courts (Pratt’s Ed.) 60, 66, and cases cited. The Friendschaft, 4 Wheat. 105; The Ariadne, 2 Wheat. 143; The Cheshire, 3 Wall. 231; Hall Int. Law, § 169. These stockholders were in no position to deny that when they elected to take the benefit of Spanish navigation laws and the commercial profits to be derived through discriminations thereunder again…
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- The Hiram. - Cornthwait, 1 Wheat. 440 (U.S. 1816)
- The United States v. THE Cargo OF THE Ship Fanny, 9 Cranch 181 (U.S. 1815)