Quote:
Originally Posted by jason taylor
He isn't, he is a foreign dignitary. They don't don't think he qualifies as a US prisoner of war, they know he does not. The closest thing to prisoner he would be is under house arrest to keep him from causing trouble.
He would be in the same position as Trotsky was in Istanbul. He could have been uncommonly inconvenient to the Turkish authorities but they just let him live the life of any other exile.
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I'm sure they know he isn't a U.S. prisoner of war as well, which would have greatly simplified his status. The consternation arises from the question as to his status on the U.K. ship. The war is technically over, so he wasn't a prisoner of war, as such. On the other hand, he was almost certainly still a prisoner of the British (and the Allies might still have a claim that he's a joint prisoner). That leads to the question of what to do with him. Releasing him will almost certainly anger the U.K., and the Allies as well. OTOH, normal U.S. usage probably is to free captives found aboard captured enemy vessels.
Quote:
Originally Posted by Dalillama
I'm not an expert on 18th century admiralty law, but I'm pretty sure a prize court would immediately reverse that and make him give the money back.
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It might, after it had processed the claim. I didn't claim that it wouldn't. However, thinking about it, it might not, even if it wanted to. The question would hinge on whether Napoleon could prove that it was his money. If it was in his personal possession, or among his chattels, he would probably get it back. If it's in a chest or strongbox in the master's quarters, it starts to get more questionable. And that's assuming that it actually
is Napoleon's money.
If the money isn't to be given to Napoleon until Guadeloupe was made, then at the time the prize capture was made, the money doesn't belong to Napoleon. The question then becomes, is it to be treated as belonging solely to the UK government, in which case it's all prize, or does it belong to the Allies, in which case it may be possible to claim that portion which the UK put up as prize.
It's not likely, but if the Allies may not have intended Napoleon to ever lay his hands on all the money. Perhaps they give him several pieces of scrip, one to purchase the plantation, one to staff it, one for wardrobe, and so on. As Napoleon makes his purchases, he pays with scrip, which the ship's master redeems with gold. Only once Napoleon is truly settled in as a plantation owner is any remaining cash released to Napoleon, thereby preventing him from using the monies to raise an armed force, or so it is hoped.
I agree that he isn't likely to be penniless in New Orleans but having his potential wealth tied up in a dispute at prize court, will get him in a position close to the OP's original desire.