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Law

University of Maryland Francis King Carey School of Law

Prize law

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Full-Text Articles in History

Mason V. The Ship Blaireau: Salvage, Slaves, And The Law Of Nations, Kristin Burnworth Jan 2013

Mason V. The Ship Blaireau: Salvage, Slaves, And The Law Of Nations, Kristin Burnworth

Legal History Publications

In March 1803, French ship Le Blaireau ran into Spanish ship of war St. Julien in the middle of the Atlantic Ocean, severely damaging the Blaireau such that her captain and crew abandoned ship and boarded the St. Julien, with the exception of seaman Thomas Toole. The next day, British ship The Firm found and temporarily repaired the Blaireau, and helped Toole bring her into port in Baltimore, which was The Firm’s destination. The case addressed the question of awarding salvage; specifically, to whom should there be salvage, and in what amounts? It also raised questions about …


The Merrimack, 12 U.S. 317 (1814): Transatlantic Trade And The Transfer Of Property During The War Of 1812, Jeremy Esperon Jan 2013

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 …


The Anne, 16 U.S. 435 (1818): The Fate Of Vessels Captured After The War Of 1812, Kimberly Schindel Jan 2013

The Anne, 16 U.S. 435 (1818): The Fate Of Vessels Captured After The War Of 1812, Kimberly Schindel

Legal History Publications

The War of 1812 officially ended in 1815 with the Treaty of Ghent, but many vessels were captured and condemned as prizes after the Treaty was ratified. One of those ships was The Anne. This paper describes The Anne's capture and analyzes it within its place in history. Particularly, it looks at the role of neutral nations during wartime, and the effect they had on prizes captured within their territory. Finally, it analyzes the legal aspects of the case, including the arguments and opinions and discusses the impact that The Anne had on principles of maritime law.


Thirty Hogsheads Of Sugar V. Boyle, 9 Cranach 191 (1815): How One Case Expanded The American Conception Of Prize Law, Emily Miller Jan 2013

Thirty Hogsheads Of Sugar V. Boyle, 9 Cranach 191 (1815): How One Case Expanded The American Conception Of Prize Law, Emily Miller

Legal History Publications

The outbreak of the War of 1812 introduced an opportunity for merchants and sailors alike, as the concept of privateering became a key facet in the United States’ war at sea. This case, Thirty Hogsheads of Sugar v. Boyle, is an illustration of such privateering activity, as Thomas Boyle, commander of the privateer ship, the Comet, engaged in prize taking activity with a British ship, after receiving a commission from the government on June 29, 1812. This paper puts this particular case into the greater privateering context surrounding the War of 1812, exploring why the case may have …


The Santa Maria: Baltimore Privateering And Piracy During The Latin American Revolutions, Megan E. Tawes Jan 2013

The Santa Maria: Baltimore Privateering And Piracy During The Latin American Revolutions, Megan E. Tawes

Legal History Publications

After the War of 1812 and the Napoleonic Wars, South American privateering in Baltimore took on a new dimension. Technically, the United States remained neutral with Spain in the face of Latin American revolution. However, Baltimore remained an area where privateering on foreign commissions was common. This paper puts privateering in 1817 in the context of international and national affairs. The Santa Maria involved pirates and what was considered a bona fide purchaser in a prize court. Included in the paper are historical backgrounds of the key players involved as well as a legal analysis of the issues brought up …