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9 D.C. 438

Collins v. The Steamer Florida

District of Columbia Court of Appeals · decided 1876-04-15

The confederate cruiser Florida was captured on the morning of the 7th of October, 1864, by the United States war-steamer Wachusett, Commander Collins, under the following circumstances : The Florida, being in the bay of San Salvador, and within the port of Bahia, was placed under the protection of the guns of the Brazilian corvette D. Jaunana, and her presence there was the subject of official correspondence between the United States consul and the Brazilian government, and…

Decided 1876-04-15

By the Court :

¶1The justices who heard this case are unanimously of'opinion that the steamer Florida cannot be condemned as lawful prize. It is admitted that she was captured within the jurisdiction of the government of Brazil, then a neutral and friendly power. The capture was-therefore illegal; and that government having demanded indemnity and restitution, and the authorities of the United States having acknowledged the wrong and made satisfactory reparation, that circumstance has concluded all rights of captors, and there the matter ought to rest.

¶2The decree beíow must be reversed and the libel dismissed.

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