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Lee, (Hopkins d.) [CHANCERY. Common Law.]

109
Leeds v. The Marine Insurance Company, (CHANCERY.] 565

M

The Mechanics’ Bank o. Withers, (LOCAL LAW. PRAC-

TICE.]

106

Maybew o. Thatcher, (ConstitUTIONAL Law. Local

Law.]

129

The Marine Insurance Company, (Leeds d.) (CHANCERY.] 565
M'Clung d. Silliman, [ConstITUTIONAL Law.]

598
The Mutual Assurance Society v. Faxon, (Local Law.] 606

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131

S

Smith, (Farmers and Mechanics’ Bank v.) [Constitu-

TIONAL Law.]

Smith v. The Universal Insurance Company, [Insu-

RANCE.)

Sullivan v. The Fulton Steam Boat Company, [PRAC-

TICE.]

Spring v. The South Carolioa Insurance Company,

450

(PRACTICE.]

Silliman, (M.Clung v.) [CONSTITUTIONAL Law.]

519

598

T

119

Thatcher v. Powell, [Local Law.]
Thatcher, (Mayhew v.) [ConstITUTIONAL Law. Lo-

CAL Law.]

129

U

United States v. Williams, [CONSTRUCTION OF STATUTE.] 135
The Universal Insurance Company, (Smith v.) [Insu-
RANCE.]

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.]

572

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Virginia, (Cohens v.) [Constitutional Law.]

264

W
Withers, (The Mechanics' Bank v.) (Local Law.
Practice.)

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.]

583

Y

Young v. Bryan, [PRACTICE.]

146

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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.

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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

1821.

from Havana to Hamburg, but really destined for
London, or with an alternative destination, and or-
ders to touch in England for information as to mar-
kets, and further instructions. The ship sailed from
the Havana, on the 24th of November, 1814, under

The Amiable

Isabella.

and John Davis, Lieutenant of the said Schooner Roger, and the
other officers and crew thereof, to subdue, seize, and take

any
armed or unarmed British vessel, public or private, which
shall be found in the jurisdictional limits of the United States,
or elsewhere, on the high seas, or within the waters of the
British dominions ; and such captured vessel, with her apparel,
gans and appurtenances, and the goods or effects which shall
be found on board the same, together with all the British per-
sons and others, who shall be found acting on board, to bring
within some port of the United States; and also to retake any
vessels, goods, and effects, of the people of the United States,
which may have been captured by any British armed vessels,
in order that proceedings may be bad concerning such capture
or recapture, in due form of law, and as to rigut and justice
shall appertain. The said

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
April, in the year of our Lord one thousand eight hun-
dred and thirteen, and of the Independence of the said

States the thirty-seventh.
(Signed)

JAMES MADISON.
By the President,
(Signed)

JAMES Monroe, Secretary of State.

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