Ex parte Madrazzo
Encyclopedia
Ex Parte Madrazzo, 32 U.S. (7 Pet.) 627 (1833), is a United States Supreme Court case involving the suit of Juan Madrazo, a citizen of the Kingdom of Spain, against the state of Georgia
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, a colony in revolt from the Kingdom of Spain that had received no international recognition and was mainly run by Americans.
A court in the said country deemed the capture of the Isabelita and her cargo of slaves legal booty and sold them to William Bowen. Bowen later transported the slaves to the Creek nation where they were captured in the state of Georgia. After their capture Governor John Clark
of Georgia ordered some of them to be sold while the remaining remained in his possession. After a round of suits in the district court of Georgia, Madrazo filed a suit in the circuit court on appeal. It was argued whether the district court had jurisdiction of the case. The circuit court ruled that it had jurisdiction and restored the slaves to Madrazo. Georgia appealed to the Supreme Court on the basis that the case was not a case of admiralty, but instead a case against the state, giving Madrazo no grounds for a case because of the 11th Amendment
. Marshall wrote in his opinion of Governor of Georgia v. Madrazo, 26 US (1 Pet.) 110 (1828), that Madrazo’s claim against the Governor of Georgia was against a state because the Governor was acting in his official office of Governor and he did not have basis because of the 11th Amendment which forbids cases of law or equity against a state. He did leave a loophole
that the 11th Amendment of the Constitution leaves out cases of admiralty for sovereign immunity of states and that they are of original jurisdiction of the Supreme Court.
Georgia (U.S. state)
Georgia is a state located in the southeastern United States. It was established in 1732, the last of the original Thirteen Colonies. The state is named after King George II of Great Britain. Georgia was the fourth state to ratify the United States Constitution, on January 2, 1788...
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Background
This was Juan Madrazo's second encounter with the United States court system. Madrazo’s ship Isabelita was originally captured by a ship flying under the flag of AmeliaAmelia Island
Amelia Island is one of the southernmost of the Sea Islands, a chain of barrier islands that stretches along the east coast of the United States from South Carolina to Florida. It is long and approximately 4 miles wide at its widest point. Amelia Island is situated off the coast in Nassau County,...
, a colony in revolt from the Kingdom of Spain that had received no international recognition and was mainly run by Americans.
A court in the said country deemed the capture of the Isabelita and her cargo of slaves legal booty and sold them to William Bowen. Bowen later transported the slaves to the Creek nation where they were captured in the state of Georgia. After their capture Governor John Clark
John Clark (Georgia governor)
John Clark was an American politician.-Career:Clark served in the Georgia House of Representatives prior to being elected to consecutive two-year terms as the 31st Governor from 1820 to 1824.Clark also served in the Georgia Militia during the American Revolution and achieved the rank of Major...
of Georgia ordered some of them to be sold while the remaining remained in his possession. After a round of suits in the district court of Georgia, Madrazo filed a suit in the circuit court on appeal. It was argued whether the district court had jurisdiction of the case. The circuit court ruled that it had jurisdiction and restored the slaves to Madrazo. Georgia appealed to the Supreme Court on the basis that the case was not a case of admiralty, but instead a case against the state, giving Madrazo no grounds for a case because of the 11th Amendment
Eleventh Amendment to the United States Constitution
The Eleventh Amendment to the United States Constitution, which was passed by the Congress on March 4, 1794, and was ratified on February 7, 1795, deals with each state's sovereign immunity. This amendment was adopted in order to overrule the U.S. Supreme Court's decision in Chisholm v...
. Marshall wrote in his opinion of Governor of Georgia v. Madrazo, 26 US (1 Pet.) 110 (1828), that Madrazo’s claim against the Governor of Georgia was against a state because the Governor was acting in his official office of Governor and he did not have basis because of the 11th Amendment which forbids cases of law or equity against a state. He did leave a loophole
Loophole
A loophole is a weakness that allows a system to be circumvented.Loophole may also refer to:*Arrowslit, a slit in a castle wall*Loophole , a short science fiction story by Arthur C...
that the 11th Amendment of the Constitution leaves out cases of admiralty for sovereign immunity of states and that they are of original jurisdiction of the Supreme Court.