The Fortuna Case: When Is a Prize Really a Prize?

From the Encyclopedia of North Carolina.

A judicial decision given by Supreme Court Chief Justice John Marshall for the District of North Carolina on an appeal.  It involved the validity of a maritime prize that was brought into the port of Wilmington, North Carolina, by a commissioned privateer during the War of 1812.

This was a fairly common case for similar prize cases originating in the District of North Carolina, but this was the only one to receive publication in both circuit and Supreme Court opinions.

The question in the Fortuna case was whether it was Russian and thus a neutral vessel, or British and a belligerant and thusly fair game for capture.  This would determine the validity of the capture and the ability of a federal court to condemn it as a "good prize."

Justice Marshall painstakenly went through the confusing facts before finally determining the Fortuna was most-likely British owned and therefore a valid American prize.  The Supreme Court confirmed Marshall's decision.

Prizes Meant Big Money for the Privateers.  --Brock-Perry