The Fortuna Tries to Pull a Fast One-- Part 2

"From thence she sailed to Havana, where she arrived on 12 February, 1814; took in cargo of produce of Cuba and left the port of Havana on 25 March, 1814, under protection of a British convoy bound to Bermuda.

"After parting with the convoy, she was captured on 19 April, 1814, in  N. lat. 38 degrees, W long. 60 degrees, by the private armed schooner Roger, and brought into Wilmington, N.C., for adjudication.  The master and all the crew, except the mate and two seamen, were taken out and kept on board the privateer until 4 August, when they were sent in to be examined.

"A claim was interposed by the master for the ship as property of Martin Krause, of Riga, one of the house of trade of M&I Krause of that place."

The ship had been carrying 1520 boxes of sugar and 144 quintals of Campechy wood.  A certificate was found on board that the ship had been built in Finland.

--Brock-Perry

The Fortuna Tries to Pull a Fast One-- Part 1

From the Justa U.S. Supreme Court Center.

The Fortuna--  15 U.S. 161 (1817)  This would be the court case number.

This was on appeal from the Circuit Court for the District of North Carolina.

"The ship, sailing under Russian colors, left Riga on 2 September, 1813, for London, where she arrived and from thence sailed on 18 November, 1813, in ballast on a voyage to the West Indies; took a British convoy at Portsmouth, in England, and proceeded to Barbados and thence to Jamaica.

Didn't Work, Though.  --Brock-Perry

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