Peters gratuitously reasoned that the ATS could not provide an alternative basis for jurisdiction because the libellants
were seeking return of their property in addition to damages.
(57) The court essentially granted an award for exemplary damages, stating, "[t]he humiliation and suffering to the libellant's feelings ...
"The wound to the libellant's pride and self respect is entitled to weight, in determining the damages to be awarded him."
as the vessel." (40) However, the libellants
in The Belfast argued
Under the admiralty rules, "[p]laintiffs were called 'libellants
'; defendants were 'respondents'; complaints were 'libels'; and lawyers were 'proctors in admiralty.'" SCHOENBAUM, supra note 1, at 9.
If the court found for the libellants
, then all shipmasters heading into New Orleans might be held hostage by their sailors and the $1000 per sailor bond, preventing captains from making appropriate employment negotiations.
For example in The Antelope, the Vice-Consuls of Spain and Portugal, Libellants
(45) the Vice Consul of Spain and Portugal claimed certain Africans as the property of nationals of their countries.
(109) Two "libellants
" filed their action against the vessel, which they referred to as the Schooner Exchange, and alleged that they were its sole owners.
and Claimants of the Schooner Amistad, 40 U.S.
claimed that their case should be heard prior to sovereign immunity being granted so that they may decide whether or not the ship was owned by the foreign entity in question, in this case, that was Cuba.
(17) The Tate letter dictated that the United States would thenceforward adhere to the "restrictive" theory of sovereign immunity, under which "the immunity of the sovereign is recognized with regard to sovereign or public acts (jure imperii) of a state, but not with respect to private acts (jure gestionis)." (18) At least some of the libellants
' claims unquestionably arose from Cuba's commercial activities, but adhering to the Tate standard when the Department had the discretion to do otherwise was not a realistic diplomatic option.
, but they are not bound to the extent of