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Jenks's Portland Gazette
Portland, Cumberland County, Maine
What is this article about?
In a U.S. Circuit Court case, Judge Washington reversed a district court decree awarding salvage to the recaptors of the Hamburg ship Amelia, seized by a French privateer and retaken by the USS Constitution. Owners receive full $200,000 proceeds.
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(From a New York paper, April 9)
This morning Judge Washington delivered his opinion in the case of the Amelia.
The Amelia was a Hamburg ship and taken in September last, in going from Calcutta to Europe by a French privateer—after remaining about ten days in her possession, she was recaptured by the Constitution frigate commanded by Capt. Talbot. The ship and cargo were libelled in the District Court, one half of the net proceeds given to the recaptor as salvage. From this decree the owners appealed to the Circuit Court of the United States. The appeal was argued on Saturday last. Mr. Burr and Mr. R. Livingston contended that the decree of the District Court should be reversed in toto, or that a much smaller salvage should be allowed. Gen. Hamilton and Mr. Harrison argued in favour of the decree.
Judge Washington, after taking notice of the arguments on both sides, gave his decided opinion that no salvage was due, and therefore reversed the decree of the district court.
It is but justice to Judge Washington to say, that we have never heard an opinion delivered in a manner more amiable, elegant, or perspicuous.
We understand the Amelia and her cargo sold for about 200,000 dollars, the whole of which will now be paid to the owners, a circumstance which reflects the greatest honor on the administration of justice in the United States.
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Where did it happen?
Domestic News Details
Primary Location
New York
Event Date
April 9
Key Persons
Outcome
no salvage due; decree of the district court reversed; full proceeds of about 200,000 dollars from sale of ship and cargo paid to owners.
Event Details
The Hamburg ship Amelia, taken by a French privateer in September last while sailing from Calcutta to Europe, was recaptured after ten days by the Constitution frigate under Capt. Talbot. Libelled in District Court with half net proceeds as salvage to recaptor; owners appealed to U.S. Circuit Court. Argued Saturday last by Mr. Burr and Mr. R. Livingston for reversal or reduced salvage, and Gen. Hamilton and Mr. Harrison for the decree. Judge Washington ruled no salvage due and reversed the decree.