Citation: TAXIER v. SWEET, 2 U.S. 81 (1766)
Background:
The case involved a dispute over the seizure of a ship called the Maria Francina and its cargo by Samuel Sweet, commander of a privateer, along with other commanders of vessels with Letters of Marque. The ship and its cargo, owned by the plaintiffs, were taken on the high seas near Monte Christi, in the Island of Hispaniola, and brought to Rhode Island.
Overview:
The plaintiffs, whose ship and cargo were seized, sought legal redress for the loss. The central question was whether an action at common law could be brought for the taking of property on the high seas, which traditionally fell under the jurisdiction of the Admiralty Court.
Court:
The case was heard by the Supreme Court of the United States during its September Term in 1766.
Parties to the Case:
Plaintiffs: The owners of the Maria Francina and its cargo
Defendants: Samuel Sweet, Abraham Whipple, James Potter, and William Davis
Judgment:
The court ruled that the plaintiffs could not bring an action at common law for the taking of property on the high seas, as this fell under the jurisdiction of the Admiralty Court. The appropriate legal remedy was through the Admiralty Court, either by a writ of restitution or a suit upon the stipulations taken in that court
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