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The Gran Para. The Consul-general Of Portugal, Libellant

1822 • 20 U.S. 471 • Marshall Court
The Gran Para was a case heard before the United States Supreme Court in 1822. The case involved the Consul-General of Portugal, who had brought suit against an American vessel called the Gran Para for failing to pay its debts. The court held that since the debt was incurred by a foreign government, it could not be enforced under US law and thus dismissed the claim. This decision established that foreign governments are immune from being sued in US courts unless they have explicitly waived...Open Case
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Chief Marshall Court
Term: 1822
20 U.S. 471
5 L. Ed. 501
1822 U.S. LEXIS 268
Argued: Feb 20, 1822

The Gran Para. The Consul-general Of Portugal, Libellant

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Opinion Summary
AI Abstract

The Gran Para was a case heard before the United States Supreme Court in 1822. The case involved the Consul-General of Portugal, who had brought suit against an American vessel called the Gran Para for failing to pay its debts. The court held that since the debt was incurred by a foreign government, it could not be enforced under US law and thus dismissed the claim. This decision established that foreign governments are immune from being sued in US courts unless they have explicitly waived their immunity or consented to jurisdiction through treaty provisions or other agreements with another nation. Furthermore, this ruling set forth precedent for future cases involving sovereign immunity and international relations between countries.

Dissent Summary
AI Abstract

In The Gran Para case, the Supreme Court was asked to decide whether a Portuguese consul-general had the right to bring an action against a U.S. citizen for damages caused by his ship while in port in Portugal. The majority opinion held that such actions were not allowed under international law and thus could not be brought before any court of justice within the United States. However, Justice Johnson dissented from this decision, arguing that it would be unjust if foreign governments were unable to seek redress for injuries suffered at sea due to their lack of access to American courts. He argued further that allowing such suits would serve as an incentive for other nations’ citizens and vessels visiting American ports since they too could expect similar protection should they suffer injury or damage abroad. Ultimately, he concluded that denying foreign governments access to U.S courts was contrary both “to natural justice” and “the principles of our own government."

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