OpenLLM-France/wikimedia huggingface dataset:
# Royal Naval Biography/Price, Samuel

Layout 2
SAMUEL PRICE, Esq. [Captain of 1831.]
Served as midshipman under Captain (now Sir John P.) Beresford; passed his examination, at Plymouth, in May 1812; and was promoted into the Edinburgh 74, Captain the Hon. George H. L. Dundas, on the Mediterranean station, July 3d following. At the close of the war with France we find him proceeding to North America, in the Bacchante frigate, Captain Francis Stanfell. His promotion to the rank of commander took place Sept. 18th, 1815; from which period he remained on half-pay until Sept. 16th, 1828, when he was appointed to the Trinculo of 18 guns, on the Cork station, where he continued until the summer of 1831. His commission as captain bears date June 25th in the latter year.
# Royal Naval Biography/Nurse, Hugh

Layout 2
HUGH NURSE, Esq. [Commander.]
Entered the royal navy in 1809, as midshipman on board the Blake 74, Captain (now Sir Edward) Codrington, under whom he served, principally on the Mediterranean station, for a period of four years. In 1813, we find him proceeding to North America, where he participated in much active service under the late Commodore Joseph Nourse, then commanding the Severn frigate. The last ship in which he served as a petty officer was the Tyne 26, Captain William M‘Kenzie Godfrey, on the Jamaica station.
On the 30th Sept. 1822, the Tyne’s tender, a small hired sloop named the Eliza, mounting one 12-pounder carronade, and having on board a midshipman (White), and twenty-four men, under the command of Mr. Nurse, was attacked at her anchorage in La Guahava by a piratical schooner, mounting six carriage guns, with a complement of forty men, and a felucca, the Firme Union, of five guns and thirty-five men:– the result will be seen by the following, hitherto unpublished, statement:–
“At 8-30, p.m., the schooner brought up at a short distance, and without hailing, fired two shot at the Eliza. Mr. Nurse immediately ​opened a fire from his only gun, loaded with round and grape, supported by musketry; and after six rounds, the slaughter on the pirate’s deck must have been great, as the cries of the wounded were hideous. A felucca now bore down between the schooner and the Eliza, with the evident intention of running alongside the latter, but which she frustrated by getting under her bow, and instantly boarding. The defence of the freebooters was desperate: the captain and nine men were killed, and the remaining part of her crew, with the exception of four men, two of whom were severely wounded, jumped overboard. She appeared to have been fully prepared for action. Shot were heating, and the men armed with cutlasses, each having a long knife in his left hand. On our side two seamen were killed, and Mr. Nurse and six men severely wounded. Perhaps in few actions of the kind has a greater degree of cool and determined gallantry been displayed.”
On this occasion, Mr. Nurse was shot through the right arm, and received a sabre cut in the left. The former wound has been reported by Drs. Weir and Burnett equal to the loss of a limb, the shoulder joint having no power of motion: his name, however, does not appear in the pension list. On the 5th Dec. 1822, Mr. Nurse was promoted, by Sir Charles Rowley, “for services independent of the above,” into the Pyramus frigate. Captain Francis Newcombe, C.B. He obtained the rank of commander Jan. 26th, 1828; and married, Nov. 15th following, Amelia, only child of the late Colonel William Bulkeley.
* ↑ See Vol. I. Part II. pp. 636 and 872, et seq.
* ↑ See Vol. II. Part II. p. 880.
# Royal Naval Biography/O'Brien, Joseph (b)

Layout 2
JOSEPH O’BRIEN (b), Esq. [Captain of 1829.]
Obtained his first commission in Oct. 1814; served as lieutenant on board the Impregnable 106, bearing the flag of Rear-Admiral (now Sir David) Milne, at the battle of Algiers; and was promoted from the Isis 50, flag-ship of Sir Lawrence W. Halsted, to the command of the Beaver sloop, on the Jamaica station. May 3d, 1826. He afterwards commanded the Slaney 20, in the West Indies, where he continued until advanced to the rank of captain, Aug. 8th, 1829.
Agents.– Messrs. Cooke, Halford, & Son.
# Royal Naval Biography/O'Bryen, Edward

Layout 2
RIGHT HON. LORD EDWARD O’BRYEN. [Post-Captain of 1802.]
This officer is a brother of the Marquis of Thomond, and of Lord James O’Bryen, Captain R.N. He obtained postrank April 29, 1802; and was Private Secretary to Lord Mulgrave, during that nobleman’s naval administration. His lordship has been three times married; viz. 1st, in 1805, to Diana, eldest daughter of General George Hotham, ​and niece of William Lord Hotham: 2dly, April 11, 1815, Gertrude Grace, youngest daughter of Paul Cobb Methuen, Esq., of Corsham House, co. Wilts, by whom he had two children: and, 3dly, April 16, 1822, Lady Elizabeth Somerset, second daughter of the Duke of Beaufort.
Agents.– Messrs. Cooke, Halford, and Son.
# Royal Naval Biography/O'Bryen, James

Layout 2
RIGHT HON. LORD JAMES O’BRYEN. [Post-Captain of 1798.]
This officer is the second son of the late Edward O’Bryen, Esq., a Captain in the army, brother of Murrough, the first Marquis of Thomond . During the greater part of the first French revolutionary war, he commanded the Shark and Childers sloops of war. His post commission bears date Feb. 14, 1799. We subsequently find him in the Emerald frigate, assisting at the capture of St. Lucia and Surinam. The following are extracts from the official letter of Commodore Hood, announcing the reduction of the latter colony:
“Brigadier-General Hughes was ordered on board the Pandour, to endeavour to gain possession of Braam’s point; and instructions were sent to Captain O’Bryen, then lying off the bar, to carry this service, in concert with the Brigadier, into execution: he, with his usual intrepidity, lost not a moment, but as the tide flowed, pushed in over the bar, and anchored close to the battery of seven 18-pounders, followed by Captains Nash and Ferris, in the Pandour and Drake. The fort commenced a brisk fire on the Emerald, but was silenced by a few broadsides after the ships had anchored, without any loss on our side: in it were captured 43 officers and men, 3 of whom were wounded. Not being able to approach nearer in the Centaur, the General and myself removed next morning to the Emerald; and having summoned the colony, received an answer containing a refusal of the terms. The moment, therefore, the tide served, every effort was made to get up the river, which, from the shallowness of the water, was very difficult, the Emerald having passed through the mud in three feet less than she drew. * * * * The indefatigable zeal of Captains O’Bryen and Nash, in arranging and forwarding the supplies, and Captains Maxwell, Ferris, Waring, and Richardson, in giving aid to the army, as well as Captain Kempt, agent for transports, claim my warmest applause.” * * * *
On the 29th Nov. 1809, his late Majesty was pleased to grant Captain O’Bryen, his brothers and sisters, the same precedency as if their father, who died in 1801, had survived his brother, the late Marquis, who died without male issue Feb. 10, 1808.
Lord James O’Bryen married, first, a Miss Bridgeman; and secondly, Jane, relict of Horsford, of the island of Antigua, Esq. He is the heir presumptive to the Marquisate of Thomond, now enjoyed by his brother.
Agents.– Messrs. Cooke, Halford and Son.
* ↑ The O’Bryens are one of the aboriginal families of Ireland, and descended from the kings of Thomond and Muuster; their pedigree is traced with peculiar exactness by the Editor of a Biographical Peerage of Ireland, published in 1817.
* ↑ An account of the reduction of Surinam will be found under the head of Sir Murray Maxwell, in this volume.
# Royal Naval Biography/Nott, Francis John

Layout 2
FRANCIS JOHN NOTT, Esq. [Post-Captain of 1810.]
Acted as Lieutenant of the Leviathan a third rate, at the defeat of the French fleet by Earl Howe, June 1, 1794; and was wounded on board the Sans Pareil 80, in Lord Bridport’s action off l’Orient, June 23, 1795. He was made a Commander into the Curaçoa sloop, on the Jamaica station, at the latter end of 1801: and subsequently appointed to ​the Childera and Rover brigs, in which latter vessel he continued until promoted to post-rank, Oct. 21, 1810.
Captain Nott obtained the out pension of Greenwich Hospital, June 19, 1822.
* ↑ See Vol. II, Part I, p. 103, et seq.
* ↑ See Vol. I Part I. p. 246.
# Rice v. Houston/Opinion of the Court

* Court Documents
* Case Syllabus
* Opinion of the Court
United States Supreme Court
80 U.S. 66
Rice v. Houston
The question of jurisdiction is the only point in the case.
Although in controversies between citizens of different States, it is the character of the real and not that of the nominal parties to the record which determines the question of jurisdiction, yet it has been repeatedly held by this court that suits can be maintained in the Circuit Court by executors or administrators if they are citizens of a different State from the party sued, on the ground that they are the real parties in interest, and succeed to all the rights of the testator or intestate by operation of law. And it makes no difference that the testator or intestate was a citizen of the same State with the defendants, and could not, if alive, have sued in the Federal courts; nor is the status of the parties affected by the fact that the creditors and legatees of the decedent are citizens of the same State with the defendants.
In this state of the law on this subject, it is not perceived on what ground the right of Houston to maintain these suits can be questioned. He was a citizen of Kentucky, had the legal interest in the notes sued on, by virtue of the authority conferred on him by the court in Tennessee, and, therefore, had a right to bring his action in the Federal or State courts at his option.
It is to be presumed, in the absence of an averment in the pleadings to the contrary, that Houston, when appointed administrator, was a citizen of Kentucky, and if so the appointment was legal, for the laws of Tennessee do not forbid the probate courts of that State to intrust a citizen of another State with the duties of administering on the estate of a person domiciled at the time of his death in Tennessee.
But if the fact be otherwise, as seems to be admitted in argument, and Houston were a citizen of Tennessee at the time he got his letters of administration, the liability of the defendants to be sued in the Federal courts remains the same, because there is no statute of Tennessee requiring an administrator not to remove from the State, and the general law of the land allows any one to change his citizenship at his pleasure. After he has in good faith changed it, he has the privilege of going into the United States courts for the collection of debts due him by citizens of other States, whether he holds the debts in his own right or as administrator.
JUDGMENT AFFIRMED.

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
Public domainPublic domainfalsefalse
# Rice v. Minnesota and Northwestern Railroad Company

* related portals: Supreme Court of the United States.
* sister projects: Wikidata item.
United States Supreme Court
62 U.S. 82
Rice v. Minnesota and Northwestern Railroad Company
THIS was a case which was brought before this court from the Territory of Minnesota.
It was before the court at the preceding term, under the circumstances stated in the opinion of the court.
Mr. Reverdy Johnson now moved to revoke the mandate and annul the judgment of dismissal which was entered at the last term.
The motion was as follows:
'This cause was on the calendar of the last term, No. 109. It was then, after argument, dismissed for want of jurisdiction, upon the ground that the judgment below was not a final one, within the meaning of the act of Congress. A mandate was issued to that effect by the clerk of this court, in due course, but has not as yet been filed in the court below. Since the decision of this court, the clerk of the court below has transmitted to one of the counsel of the defendants in error an amended transcript, by which it appears, as the fact was, that the judgment below was a final one, and that the failure to have had it appear in the first transcript was the error of the clerk or his deputy, by whom that transcript was made up. Under these circumstances, the undersigned, as counsel for the defendants in error, moves the court to revoke the mandate and annul the judgment of dismissal of the last term, and order the case to stand on the calendar, as it would stand, at the present term, if such judgment had not been rendered, but the case had been continued. He makes this motion, because it is important to the interests of the defendants in error that the case be decided at the earliest moment upon its merits, and will, at the hearing of the motion, submit decisions of this court in maintenance of this motion.
'REVERDY JOHNSON,
'Counsel for Defendants in Error.'
Mr. Chief Justice TANEY delivered the opinion of the court.

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
Public domainPublic domainfalsefalse
# Rice v. Cayetano/Dissent Ginsburg

* Court Documents
* Case Syllabus
* Opinion of the Court
* Concurring Opinion Breyer
* Dissenting Opinions Stevens Ginsburg
Justice Ginsburg, dissenting.
I dissent essentially for the reasons stated by Justice Stevens in Part II of his dissenting opinion. Ante, at 529538 (relying on established federal authority over Native
Americans). Congress' prerogative to enter into special trust relationships with indigenous peoples, Morton v. Mancari, 417 U. S. 535 (1974), as Justice Stevens cogently explains, is not confined to tribal Indians. In particular, it encompasses native Hawaiians, whom Congress has in numerous statutes reasonably treated as qualifying for the special status long recognized for other once-sovereign indigenous peoples. See ante, at 533-534, and n. 9 (Stevens, J., dissenting). That federal trust responsibility, both the Court and Justice Stevens recognize, has been delegated by Congress to the State of Hawaii. Both the Office of Hawaiian Affairs and the voting scheme here at issue are "tied rationally to the fulfillment" of that obligation. See Mancari, 417 U. S., at 555. No more is needed to demonstrate the validity of the Office and the voting provision under the Fourteenth and Fifteenth Amendments.
This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
Public domainPublic domainfalsefalse
# Rice v. Olson

* related portals: Supreme Court of the United States.
* sister projects: Wikidata item.
United States Supreme Court
324 U.S. 786
Rice v. Olson
Argued: Feb. 1, 1945. --- Decided: April 23, 1945
Mr. Barton H. Kuhns, of Omaha, Neb., for petitioner.
Mr. Robert A. Nelson, of Omaha, Neb., for respondent.
Mr. Justice BLACK delivered the opinion of the Court.

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
Public domainPublic domainfalsefalse
# Rice v. Houston

* related portals: Supreme Court of the United States.
* sister projects: Wikidata item.
United States Supreme Court
80 U.S. 66
Rice v. Houston
ERROR to the Circuit Court for the Middle District of Tennessee; the case being thus:
A. W. Vanleer, a citizen of Tennessee, having died at Nashville, letters of administration were granted by the proper authority there to one Houston, on his estate. It seemed to be admitted by counsel that, at this time, Houston was a citizen of Tennessee. But he afterwards, it was equally admitted, was in Kentucky and domiciled there. Thus domiciled he brought two suits in the court below, the Circuit Court for the Middle District of Tennessee, to recover from Rice on certain notes given to his decedent, Vanleer. In these suits he described himself in his narr. as 'a citizen of the State of Kentucky and administrator of the estate of A. W. Vanleer, deceased.' The defendant craved oyer of the letters. This disclosing that the letters were granted in Tennessee, the defendant pleaded that 'by the said letters of administration it appears that the administrator of the estate of the said A. W. Vanleer is the creature of the law of Tennessee, and has no existence as such outside of the State of Tennessee.' To this plea the plaintiff demurred, and the demurrer being held good and judgment given for the plaintiff, the defendant brought the case here. The point involved was of course the jurisdiction of the Circuit Court.
Mr. R. A. Crawford, for the plaintiff in error:
Of course the Circuit Court has no jurisdiction between citizens of the same State. But here Houston was the domestic administrator, and in point of fact, it will be conceded, though not so asserted in the record, a citizen of Tennessee, when he got his letters; he having afterwards removed to Kentucky. Independently of this, since, personally, he is a stranger to the suit, his personal domicil in Kentucky cannot be looked to. By his letters, he represented the sovereignty of Tennessee, regardless of personal alienship.
Messrs. F. B. Fogg and H. Maynard, contra.
Mr. Justice DAVIS delivered the opinion of the court.

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
Public domainPublic domainfalsefalse
# Royal Naval Biography/Preston, Henry

Layout 2
HENRY PRESTON, Esq. [Commander.]
Passed his examination in May 1808 obtained his first commission in Nov. 1809; and was advanced to his present rank on the 22d July, 1830.
# Royal Naval Biography/Preston, William

* related authors: William Preston.
* sister projects: Wikidata item.
Layout 2
WILLIAM PRESTON, Esq. [Commander.]
Was made a lieutenant in Mar. 1823; and commander on the 28th Dec. 1833.
# Royal Naval Biography/Prescott, Isaac

Layout 2
ISAAC PRESCOTT, Esq. Admiral of the Red.
This officer commanded the Queen, of 98 guns, bearing the flag of Vice-Admiral Harland, in Keppel’s action with d’Orvilliers. In 1781 he was stationed at Newfoundland, in the Mercury of 28 guns. His gradations of naval rank are as follow; Post-Captain, April 8, 1778; Rear-Admiral, June 1, 1795; Vice-Admiral, Feb. 14, 1799; and Admiral, Nov. 9, 1805. He married a daughter of the late Rev. Richard Walter, who was Chaplain of the Centurion with Lord Anson, and the reputed author of “Anson’s Voyage.” The Admiral has several children, one of whom is a Captain in the Navy, and has distinguished himself in the service.
# Royal Naval Biography/Preston, D'Arcy

Layout 2
D’ARCY PRESTON, Esq [Superannuated Rear-Admiral.]
This officer served under Sir John Jervis at the reduction of Martinique and St. Lucia, in 1794; and after the capture of the latter island, was promoted from a Lieutenancy in the Boyne of 98 guns, to the command of the Rattlesnake sloop of war, in which vessel he returned to England with the officers who were charged with the official accounts of that conquest. He afterwards commanded the Termagant sloop; and on the 13th June 1796, was posted into la Mignonne of 32 guns, from which ship he removed into the Blanche, another frigate of the same class.
On the night of Dec. 19, in the same year, the Blanche, in company with la Minerve, bearing the broad pendant of Commodore Nelson, fell in with two Spanish frigates, one of which, the Sabina, was taken by the latter, but soon after recaptured. Captain Preston engaged the other, and obliged her to surrender, with the loss of 22 men killed and wounded; but before she could be taken possession of, a Spanish 3decker and two other frigates approached, and compelled the Blanche to wear and make sail in the direction of her consort. Captain Preston subsequently commanded the Dido of 28 guns, Boston 32, and during the greater part of the late war, the Sea Fencibles between Flamborough Head and the river Tees. In Dec. 1813, he was appointed Commodore of a division of prison-ships; and on die 24th Aug. 1819, obtained the superannuation of a Rear-Admiral. His eldest son is in holy orders; another is a Lieutenant R.N.
Residence.– Askam, near York.
# Royal Naval Biography/Poyntz, Stephen

Layout 2
STEPHEN POYNTZ, Esq Rear-Admiral of the White.
This officer is descended from the late Stephen Poyntz, of Midgeham House, co. Berks, Esq., whose daughter married John, first Earl Spencer, father of the present peer. He was a Lieutenant in 1791; afterwards commanded the Childers sloop; and obtained post rank in the Camilla, of 24 guns, Dec. 5, 1796. His next appointment was to the Solebay frigate, stationed in the West Indies, where he captured l’Egyptienne, of 18 guns, pierced for 44; le Goelan, of 16; la Sarier brig, of 12; and le Vengeur schooner, of 10 guns. These vessels were deeply laden with naval and military stores, from Rochefort, bound to St. Domingo. He also took several of the enemy’s privateers and merchantmen, the latter with valuable cargoes.
The Solebay returned to England in the autumn of 1800, and Captain Poyntz was soon after removed into the Beaulieu, of 40 guns, and employed on the coast of France during the remainder of the war. His next appointment was to the Melampus, another frigate, in which he captured two brigs, each carrying two long 24-pounders, one 18-pounder, and 50 men, mostly soldiers; and four luggers of one long 18-pounder and 25 men each, from Bourdeaux bound to Brest.
​On the 13th July, 1805, he had the good fortune to intercept the Hydra, Spanish private ship of war, of 28 guns and 192 men, three of whom were killed and several wounded, before she surrendered, in the following year, he assisted at the capture, and was charged with the destruction of l’Impetueux, of 74 guns, off Cape Henry.
Captain Poyntz subsequently commanded the Edgar, a third rate, in the Baltic. He was advanced to the rank of Rear-Admiral, Aug. 12, 1819.
Our officer married, Oct. 8, 1802, Miss F. Brail, of Hambleton, Hants.
# Royal Naval Biography/Prevost, James

Layout 2
JAMES PREVOST. Esq. [Post-Captain of 1809.]
Second son of the late Major-General A. Prevost, by Anne, daughter of the Chevalier George Grand, of Amsterdam, Knight of the Swedish Order of Gustavus Vasa; and brother to Lieutenant-General Sir George Prevost, Bart., G.C.B., who died Jan. 5, 1816.
This officer received a Lieutenant’s commission in 1793, and was presented with the Turkish gold medal for his gallant conduct during the Egyptian campaign. His promotion to the rank of Commander took place towards the close of 1801.
At the renewal of the war in 1803, Captain Prevost was appointed to the command of the sea-fencibles of Whitstable; and we subsequently find him in the Explosion bomb, from which vessel he removed to the Saracen of 18 guns, about Feb. 1805. In that sloop he brought home the naval and military despatches announcing the disastrous result of the attack upon Buenos Ayres, July 5, 1807. His conduct while employed in the Rio de la Plata, was highly approved of by Rear-Admiral Murray ,who recommended him to the protection of the Admiralty, “as an active and very zealous officer.”
Captain Prevost obtained post rank Mar. 13, 1809; and commanded the Ceres 32, flag-ship of Rear-Admiral Surridge, at Chatham, from Dec. 1812 until June 1811; about which period he married the only daughter of Lewis Theisser, of Woodcote Park, Surrey, Esq. His first wife died, at Weybridge, in the same countv, Feb. 1, 1813.
Agent.– Messrs. Maude.