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Lee, (Hopkins d.) [CHANCERY. Common Law.]
The Marine Insurance Company, (Leeds d.) (CHANCERY.] 565
Smith, (Farmers and Mechanics’ Bank v.) [Constitu-
Sullivan v. The Fulton Steam Boat Company, [PRAC-
Silliman, (M.Clung v.) [CONSTITUTIONAL Law.]
Thatcher v. Powell, [Local Law.]
United States v. Williams, [CONSTRUCTION OF STATUTE.] 135
177 The United States v. Six Packages of Goods. [INSTANCE Court.]
520 United States v. Daniel, [PRACTICE.]
542 The Union Bank v. Hyde, [PROMISSORY Notes.]
Virginia, (Cohens v.) [Constitutional Law.]
106 Wilkins, (United States v.) [CONSTRUCTION OF STATUTE.] 135 Willinks v. Hollingsworth, Common Law.]
240 Watkins, (Green v.) [PRACTICE.]
260 Watts, (Kerr v.) [CHANCERY. Local Law.]
550 Walter, (Otis v.) [CONSTRUCTION OF STATUTE.]
Young v. Bryan, [PRACTICE.]
Whether the capture is made by a duly commissioned captor, or not, is
a question between the Government and the captor, with which the
claimant has nothing to do. If the capture be made by a non-commissioned captor, the Government
may contest the rigbt of the captor after a decree of condemnation, and before a distribution of the prize proceeds; and the condemna
tion must be to the Goveroment. The 17th article of the Spanish treaty of 1795, so far as it purports to
give any effect to passports, is imperfect and inoperative, in conse
quence of the omission to annex the form of passport to the treaty. Quære-Whetber, if the form had been annexed, and the passport
were obtained by fraud and upon false suggestions, it would have
the conclusive effect attributed to it by the treaty ? Quære-Whether sailing under enemy's convoy be a substantive
cause of condemnation ? By the Spanish treaty of 1795, free ships make free goods ;
but the form of the passport, by which the freedom of the ship was to have been conclusively established, never having been duly annexed to the treaty, the proprietary interest of the ship is to VOL VI.
1821. be proved according to the ordinary rules of the Prize Court, and if
thus shewn to be Spanish, will protect the cargo on board, to whomThe Amiable
soever the latter may belong. Isabella.
By the rules of the Prize Court, the onus probandi of a neutral interest
rests on the claimant. The evidence to acquit or condemn, must come, in the first instance,
from the ship's papers, and the examination of the captured persons. Where these are not satisfactory, farther proof may be admitted, if the
claimant has not forfeited his right to it by a breach of good faith. On the production of farther proof, if the neutrality of the property is
not established beyond reasonable doubt, condemnation follows. The assertion of a false claim, in whole or in part, by an agent, or in
connivance with the real owner, is a substantive cause of condemnation.
APPEAL from the Circuit Court of North Carolina.
This was the case of a ship and cargo, sailing under Spanish colours, and captured by the privateer Roger, Quarles, master," on an ostensible voyage
a As the form of the commission issued to the privateer, ir this case, is one of the points discussed in the argument, it is thought necessary to insert it.
James Madison, President of the Uuited States of America, to all who shall see these presents, greeting:
Be it known, that in pursuance of an act of Congress, passed on the 26th day of June, one thousand eight hundred and twelve, I have commissioned, and by these presents do commission, the private armed schooner called the Roger, of the burthen of 184 tons, or thereabouts, owned by Thomas E. Gary, Hy. Gary, James B. Cogbill & Co. Brogg & Jones, Hannon & High, Robert Ritchie, Robert Birchett, John Wright, Wm. C. Boswell, Samuel Turner, John G. Heslop, Wm. & Charles Carling, Thomas Shoe, Richard B. Butte, Richard Drummond, Littlebury Estambuck, John Davis, Spencer Drummond, Peter Nestell, and Roger Quarles, mounting fourteen carriage guns, and navigated by ninety men, hereby authorizing Captain
from Havana to Hamburg, but really destined for
and John Davis, Lieutenant of the said Schooner Roger, and the
is further authorized to detain, seize, and take all vessels and effects, to whomsoever belonging, which shall be liable thereto, according to the law of nations, and the rights of the United States, as a power at war, and to bring the same within some port of the United States, in order that due proceedings may be had thereon-this commission to continue in force during the pleasure of the President of the United States, for the time being.
Given under my hand, and the seal of the United States of
America, at the City of Washington, the 24th day of
States the thirty-seventh.
JAMES Monroe, Secretary of State.