The Sea Witch

Supreme Court

The Sea Witch

73 U.S. 242, 18 L. Ed. 786, 6 Wall. 242, 1867 U.S. LEXIS 961

DecidedJanuary 13, 1868

StatusPublished

This text of 73 U.S. 242 (The Sea Witch) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

The Sea Witch, 73 U.S. 242, 18 L. Ed. 786, 6 Wall. 242, 1867 U.S. LEXIS 961 (1868).

Pincite

Opinion

The CHIEF JUSTICE

delivered the opinion of the court.

The only ground of suspicion that a violation of the block *244 ade was intended is the fact that the vessel, when captured, was out of the most direct regular course to New Orleans, and in a part of the gulf where she would very probably have been had her real destination been Galveston. But we think this is sufficiently accounted for by the weather, and by the probability that such a vessel, really bound for New Orleans, would prefer to keep at no greater distance from the shore than the blockade would require, rather than take the more direct course across the gulf.

It was stated in the argument that the cargo of the vessel umuld not command at New Orleans so good a price as at Vera Cruz; and this circumstance, if proved, would be entitled to great weight. But there is no evidence of that sort in the record.

On the whole, therefore, we think that the decree of the District Court was correct, and shall order that it be

Affirmed.

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The CHIEF JUSTICE

delivered the opinion of the court.

The only ground of suspicion that a violation of the block *244 ade was intended is the fact that the vessel, when captured, was out of the most direct regular course to New Orleans, and in a part of the gulf where she would very probably have been had her real destination been Galveston. But we think this is sufficiently accounted for by the weather, and by the probability that such a vessel, really bound for New Orleans, would prefer to keep at no greater distance from the shore than the blockade would require, rather than take the more direct course across the gulf.

It was stated in the argument that the cargo of the vessel umuld not command at New Orleans so good a price as at Vera Cruz; and this circumstance, if proved, would be entitled to great weight. But there is no evidence of that sort in the record.

On the whole, therefore, we think that the decree of the District Court was correct, and shall order that it be

Affirmed.

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Bluebook (online)

73 U.S. 242, 18 L. Ed. 786, 6 Wall. 242, 1867 U.S. LEXIS 961, Counsel Stack Legal Research, https://law.counselstack.com/opinion/the-sea-witch-scotus-1868.