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Talbot, Appellant, versus Janson, Appellee, et al. U.S. 133 (1795)

handle is hein.slavery/ussccases0056 and id is 1 raw text is: SUPREME COURT of the United States. 1795. TALBOT, Appellant, verfus JANsoN, Appellee, et al. HIS was a W~rit of Error, in the, nature of an Appeal, from the Circuit Couer for the Difiri& of Soith Carolina; and the following circumftances appeared upon the pleadings :_ A Libel was filed againft Edward Ballard, Captain of an arm.: ed veffel, called L'A mi de la Liberte, on the Admiralty fide of the Diftri&t Court of South Carolina, in June, 1794, by 7ooi Janfon, late mafter of the Brigantine Magdalena (then lying at Ghar4'lon, within the j1urifdifion of the Court) in which it was fet forth, that the Brigantine and her cargo were the pro- perty of Citizens of the United Netherlands, a nation at peace, and in treaty with the United States of America ; that the Bri- gantine failed from Curacoa, on a voyage to Amlerdam ; but, on the 16th of May, 1794, being about fifteen miles N. W. of 'the Havanna, on the wet fide of Cuba, fhe was taken poffeflion of by L'Ami de la Liberte ; that on the next day the Libellant met another armed fchooner Falled L'Amide la Point a Petre, commanded by Captain JXnI. Talbot, on board of which the mate and four of the crew of the Brigantine lagdalena were placed ; and that the two fchooners, together with the Brigain- tine, failed for Charlefoon, where the laft arrived on the 25th of May, 1794, The Libellant proceeds to aver, that Ed hard Ballard, was a native of Virginia, a citizen and inhabitant of the United States, and a Branch Pilot. of the 6hcfapeake and Port Hampton ; that E'Ami de la Liberte is an American built veffel, owned by citizens of the United States (particularly by 7dhn Sinclair, Solomon JJ/ilfon, &c.) and was armed and equip- ped in Che/apeake - Bay and Charlon,.by kdward Ballard, and others, contrary to the Prefident's Proclamation, as -well as the general law of. neutrality, and the law of nations ; that Edward Ballard had not, and could not legally have, any commiflion to capture, Dutch veffels, or property; that the capture was in dire& violation of the ,3th and T9th articles of the Treaty be- tween

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