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Brig Alerta, and Cargo, (Brosquet, Claimant,) v. Blas Moran, Libellant, The U.S. 359 (1815)

handle is hein.slavery/ussccases0013 and id is 1 raw text is: FEBRUARY TERB isis. 69 THE BRIG ALEBTA, AND CARGO, 181 . (Brosquet, Claimant,) 51=h 10b4 IV. BLAS MORAN, LIXBEW T. Absent....ToDD, J. THIS was an appeal from the sentence of the district The distit Court for the district of New Orlean! (which has the it'sr n the Ustitd swtatr jurisdiction also of a Circuit Couet.) (to-i uc. ot l) hare ju- The facts of the case were stated by WAS1INGTON, J. t ' ,; to in delivering the opinion of the Court, as follows: 02irnI Spat- 0h owner, (*M ,ansity U'ith the This is the case. of a libel filed in the district Court of utic st; m) 14ew Orleans, by Bias Moran, a subject of the king 0fhis propt y Spain, and'a native and resident of the island of Cuba. ,.crt setting forth that he is the owner of the brig Alertaand h. r - cargo consisting of 170 slaves, which, on a voyage from .,. i ith the coast of Africa to the Havapna) was, sometime in the uitd s'met month of June, 1810, when within a few leagues of Ha- if the lc. bm. .. -brugott ttrra vanna, captured en the high seas by the L'Epine, bearin ti French colors; that a prize master was put on Jioard the Aderta, and 17 of the slaves taken out, after which the prize was ordered to steer for the Balize, and was final- ly brought to th, port of New Orleans, with the ren.-in- der of her cargo consisting of 153 slaves. The libel al- leges that'the. L'Epine was not duly commissioned to capture the property of Spanish subjects, or, if so com- missioned, that she was armed and eq'ipped for war in the port of New Orleans, and manned by sundry Amer!- can citizens and inhabitants of the territory of New Or- leans, contrary to the law of nations. The prayer of the libel is for restitution and damages. The claim of the prize master admits the capture of the Alerta as lawful prize of war; and asserts that the L'Epine, atthe time of the capture, was and still is le- gally authorized to capture all vessels and their cargoes belonging to the subjects of Spain, as enemies of France. He further states, that after the capture he was compell- ed to enter the port of New 0rleaus by stress of weath

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