Reports of Cases Argued and Adjudged in the Supreme Court of the United States in August and December Terms 1801 and February Term 1803 - [February Term 1815] (Volume 9) (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1817. Excerpt: ... Btoiis belling her, is the natural consequence of having beeij Short able to find no circumstances of suspicion which migttt Staple, tempt the captors to proceed against her. It undoubtv. edly proves, what the captain of the lno avows, that he v.States, acted under a full, conviction of being exposed to risk by the capture, though he should reap no advantage from it. The interest which coasting vessels had in fictitious or concerted captures, undoubtedly subjects all captures to a rigid scrutiny and exposes them to much suspicion. The case of the Claimant ought to be completely made out. No exculpatory testimony, the existence of which is to be supposed from the nature of the transaction, ought to be omitted; The absence of such testimony, if not fully accounted for, would make an impression extremely unfavorable to the claim. But where the testimony is full, complete and concurrent; where every circumstance is explained and accounted for in a reasonable manner; where the testimony to the innocence of the owners and crew of the vessel is positive, proceeding from every person who can be supposed to have any knowledge of the facts, and contradicted by none; the Court cannot pronounce against it. This would be to allow to suspicious circumstances a controling influence to which they are not entitled. The sentence of the Circuit Court, condemning the Short Staple, is reversed and annulled, and the cause remanded to that Court with directions to decree a restoration of the vessel to the Claimants, and to dismiss the libel. Stoey, J. stated that he dissented from the opii of the Court and adhered to the opinion which he gave in the Court below, in which he had the concurrence of one his of bretheren. 181Si PARKER v. RULE'S Lessee. Teb. 11th. Absent....johnson, ..