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Kentucky Gazette
Lexington, Fayette County, Kentucky
What is this article about?
In New York on September 29, Judge Van Ness of the U.S. District Court discharged Commodore Taylor from bail in a suit by Spanish Consul Don Thomas Stoughton regarding a prize case, ruling the court lacked jurisdiction as the captured property was not brought into U.S. territory.
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COMMODORE TAYLOR.
This gentleman, after solemn argument, was on Saturday last discharged from bail, by his honor Judge Van Ness, of the District Court of the United States, in a suit instituted by Don Thomas Stoughton, Consul of his Catholic Majesty. We are not sufficiently informed to state all the points which came before the court; but understand the court decided—
First—That it had no jurisdiction over prize cases as between Spain and her colonies; or the colonies and any other power at war, where the vessel making the capture was not fitted out of the United States.
Secondly—That where the vessel making the capture was alleged to have been fitted out of the United States, but was cruising on the high seas, under the commission and authority of one of the belligerents, the court would not interfere, unless the captured property was brought within the jurisdiction of the court.
Thirdly—That the court deemed the question of damages to rest entirely upon the question of prize or no prize—That not having jurisdiction of the latter, it could not have of a matter necessarily growing out of, and depending upon it: and, therefore, that it would not hold commodore Taylor to bail in the suit instituted against him for damages, the property not having been brought within the jurisdiction of the court, but carried into the port of the captor.
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Domestic News Details
Primary Location
New York
Event Date
Saturday Last
Key Persons
Outcome
commodore taylor discharged from bail due to lack of court jurisdiction over the prize case and damages suit.
Event Details
After solemn argument, Commodore Taylor was discharged from bail by Judge Van Ness in the U.S. District Court in a suit by Don Thomas Stoughton, Spanish Consul. The court ruled it had no jurisdiction over prize cases between Spain and her colonies unless the capturing vessel was fitted out in the U.S. and the property brought within U.S. jurisdiction; damages depended on the prize question, which was outside jurisdiction.