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Manro V. Almeida: Piracy, Maritime Torts, And Attachment In Rem, Stephanie Owen
Manro V. Almeida: Piracy, Maritime Torts, And Attachment In Rem, Stephanie Owen
Legal History Publications
In 1820, Captain Joseph Almeida, on the Bolivar and under South American colors, pursued and captured the Spanish ship Santiago off the coast of the Chesapeake Bay. On board was $5000 in specie owned by a small group of Baltimore merchants. The Baltimore merchants brought a libel against Captain Almeida and requested an attachment in rem to force Captain Almeida to answer for the maritime tort. Although the attachment initially issued, the lower court restored Captain Almeida’s goods. In 1825, the United States Supreme Court ruled that attachment in rem was a proper remedy for a maritime tort.
The Merrimack, 12 U.S. 317 (1814): Transatlantic Trade And The Transfer Of Property During The War Of 1812, Jeremy Esperon
The Merrimack, 12 U.S. 317 (1814): Transatlantic Trade And The Transfer Of Property During The War Of 1812, Jeremy Esperon
Legal History Publications
A key prong of American strategy during the War of 1812 was to enlist the aid of privateers – private actors licensed by the government to use force against the enemy. Among the ships American privateers seized during the war pursuant to this strategy was the Merrimack, an American-owned vessel returning from Liverpool, England to Baltimore, Maryland carrying on board a cargo of British goods. Her seizure led to the Supreme Court case The Merrimack, 12 U.S. 317 (1814), a seemingly banal case that in fact is a cautionary tale for merchants of one belligerent nation seeking to …