(Download) "Rose v. Himely" by United States Supreme Court ~ Book PDF Kindle ePub Free
eBook details
- Title: Rose v. Himely
- Author : United States Supreme Court
- Release Date : January 01, 1808
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 86 KB
Description
THIS was an appeal from the sentence of the circuit court for the district of South Carolina, which reversed that of the district judge, who awarded restitution, to Rose the libellant, of certain goods, part of the cargo of the American schooner Sarah. This vessel after trading with the brigands, or rebels of St. Domingo, at several of their ports, sailed from thence, with a cargo purchased there, for the United States; and had proceeded more than ten leagues from the coast of St. Domingo, when she was arrested by a French privateer, on the 23d of February, 1804, carried into the Spanish port of Barracoa, in the island of Cuba; and there, with her cargo sold by the captors, on the 18th of March, 1804, before condemnation, but under authority, as it was said, of a person who styled himself agent of the government of St. Domingo, at St. Jago de Cuba. The greater part of the cargo was purchased by _____ Colt, the master of an American vessel called the Example, into which vessel the goods were clandestinely transferred from the Sarah, in the night time, and brought into the port of Charleston, in South Carolina, where they were followed by Rose, the supercargo of the Sarah, who filed a libel against them, in behalf of the former owners, complaining of the unlawful seizure on the high seas, and praying for restoration of the goods: whereupon process was issued, and the goods were arrested by the marshal, on the 4th of May, 1804. No steps appear to have been taken by the French captors, towards obtaining a condemnation of the vessel, until time enough had elapsed for them to receive information of the proceedings against the goods in this country. The forms of adjudication were begun in the tribunal of the first instance, at Santo Domingo, in July, 1804, and the condemnation was had before the middle of that month.