Facts of the Case
On the return of the record it appeared by a case stated that the defendant in error had filed a libel in the district court, as commander of the public armed ship the Ganges, for himself and others against the ship Eliza, John Bas, master, her cargo, &c., in which he set forth that the said ship and cargo belonged to citizens of the United States; that they were taken on the high seas by a French privateer on 31 March, 1799, and that they were retaken by the libellant on 21 April following, after having been above ninety-six hours in possession of the captors. The libel prayed for salvage conformably to the acts of Congress, and the facts being admitted by the answer of the respondents, the district court decreed to the libellants one-half of the whole value of ship and cargo. This decree was affirmed in the circuit court without argument and by consent of the parties in order to expedite a final decision on the present writ of error.
Conclusions
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One-half of the whole value of an American vessel and cargo recaptured by a vessel of war of the United States after she had been captured by a French privateer on 31 March, 1799, allowed as salvage.
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