The Ariadne

15 U.S. 143, 4 L. Ed. 205, 2 Wheat. 143, 1817 U.S. LEXIS 392

• Court: Supreme Court of the United States
• Decided: February 14, 1817
• Status: Published

Opinion

Mr. Justice Washington

delivered the opinion of the court.

The view of the court is, that this case cannot be distinguished from those already decided, it is alleged that the flour was not actually destined to the use of the enemy; but whether any part of it went to his use or not, is immaterial, ' It is, indeed, possible that Cadiz might have fallen without the aid of these supplies; and therefore, in fact, Great Britain and her ally may have been relieved, by these supplies, from the pressure of the war in that quarter. The court, however, ,in the cases alluded to, proceeded on a broader ground: all the judges who concurred in those decisions .were of opinion, that the mere sailing under an enemy’s license', without regard to the object of the voyage, or the port of destination, constituted, of itself, an act of illegality which subjected the property to confiscation. It. was ah attempt by one individual of a belligerent country to clothe himself with a ueutral, .character by the license of the other belligerent, and thus to separate himself from the common character of his own country.

Sentence affirmed.