limitation, directing 24 to be returned; and yet for conveniency a greater number is always fummoned. 3 Bac. Abr. 245. 276. Cro. 7. 467. 2 Tri. per. Pais. 599. 3 St. Tri. 707. Ld. Ruffel's cafe. The United States vs. the Infurgents. 2 Dall. Rep. 335.
That if a perfon not fummoned at all gives the verdict, the verdict will be bad; but where the whole of the Jurors have been fummoned by the Marshall, an exception, even before trial, ought not to prevail. There were, in fact, only 50 of the 89 perfons who were fummoned, that did attend; and the venire is not exceeded by that number. 4 Hawk. c. 41. 1 Vol. Acts of Congress 58. Doug. 591.
That there is, in fubitance, an award of the Jury by the Court, after iffue was joined between the United States and the Prifoner, as appears by the clerk's indorfement on the indictment; and the names of the twelve Jurors who tried the indictment, were duly notified to the prisoner.
II. That although the power of the Court to grant a new trial in a capital cafe could not be denied, fuch a new trial had been seldom, if ever, granted; and cause of challenge to a Juror ought to be very cautiously received as a ground for fepting afide a verdict.
That, in this cafe, if the Court thought there was no injustice, there ought to be no new trial. à Burr. 936.
That the declarations of the Juror related to the general tranfaction; they were not applied to the iffue he was fworn to try; and they were not perfonally vindictive as to Fries. 21 Vin. Abr. "Juries" Co. Litt. 157. b. Tri. per Pais. 189. 2 Roll. Abp. 657. 4 St. Tri. 748. 21 Vin. Abr. "Trial" 26. I Salk. 153. Refpublica vs. Clifton, in the Supreme Court of Pennsylvania, a pamphlet.
After a folemn confideration of the fubject, IREDELL, Justice, delivered his opinion in favor of a new trial, on the fecond ground of objection, that one of the Jurors had made declarations, as well in relation to the prifoner perfonally, as to the general question of the infurrection, which manifefted a biafs, or pre-determination, that ought never to be felt by a Juror. He added, that he did not regard the firft ground of objection as infurmountable; but deemed it unneceffary to give a decifive opinion on it.
PETERS, District Judge, did not think, that either objection ought to prevail. He thought that the venire, and returns of the jurors, were authorifed by principle and precedent; and that the declarations of Rhodes were fuch as might naturally be made in relation to the infurrection, without manifefting a particular hoftility towards the prifoner, or leading to a convicton in fpite of any evidence, or argument, that might
occur on the trial As, however, the confequence of dividing 1799. the Court, would be a rejection of the motion; and as the inte refts of public juftice, and the influence of public example, would not be impaired by the delay of a new trial, the DisTRICT JUDGE determined to acquiefce in the opinion of JUDGE IREDELL.
The END of the THIRD VOLUME.
ABATEMENT.
See Practice. Action.
W
tificate of Public Debt, fraudulently
HERE an action on the cafe will
lie to recover the value of a cer-
obtained from the Public Officer.
357 to 364.
Such an action, however, is an af-
firmance of the original tranfaction,
and the certificate can never afterwards
be impeached.
In an action on a Bill of Exchange,
protested for non-payment, the Plain-
tiff need not aver, nor produce, a Pro-
test for non acceptance. 368. 424.
In an action for Foreign Money,
without an averment of its value, it is
cured by the Jury finding the value in
dollars.
368.
Where the declaration is in the Debet
and Detinet, though the action is for
Foreign Money, it is cured by the ver-
dict, finding the value in dollars. 369.
An action will not lie against a Fo-
reign. Conful upon a Bill of Exchange
drawn in his official character upon his
Government.
384-5.
What words import a guarantee or
promife to pay the debt of another, to
maintain an action. 415 to 424.
Debt by a State against an Alien, on
a forfeited Recognizance to be of good
behaviour, &c. is a fuit of a criminal
nature, and cannot be transferred from
a State Court to the Circuit Court.
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ADMIRALTY.
The District Courts poffefs all the
power of a Court of Admiralty, con-
fidered as an Inftance or Prize Court.
6. 16. 159-
They have jurifdiction on a libel for
reftitution of a veffel captured as prizé,
and owned by neutrals and Americans.
6. 16.
The Admiralty jurifdiction exercised
by the Confuls of France in the U. S.
not being warranted by Treaty, is not
of right.
16.
What is a caufe exclusively of Admi-
ralty jurisdiction.
19. 32.
The jurifdiction of the Court of Com-
miffioners of Appeals in Prize causes,
ere&ed by Congrefs, before and after
the ratification of the articles of Con-
federation.
54 to 120.
The District Court has jurifdi&ion
in the cafe of a libel exhibited to carry
into execution a decree of the Congref-
fional Court of Commiffioners of Ap-
peals in prize causes.
54 to 120.
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The fentence of a Court of Admiral-
ty, or of Appeals, in queftions of prize,
binds all the world as to every thing
contained in it,
86.
The proceedings of a Court of Ad-
miralty being in rem, the death of one
of the parties, before the judgment
rendered on appeal, will not abate the
fuit, or avoid the judgment. 86. 101.
An appeal itfelf fufpends the decree
50s. of the inferior Court: but a Writ of
Inhibition
Inhibition is neceffary to bring the In-
ferior Court into contempt, in cafe of
disobedience.
87. 118.
The want of a monition to appear,
is cured by actual appearance. 87.
Can the diftinction between Foreign
and Domestic judgments, the latter be-
ing conclufive, the former examinable,
be applicable to decrees, on queftions of
prize in a Court of Admiralty?
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88. 103.
Prohibition to the District Court in
the cafe of a libel for damages on cap-
ture of a veffel as prize, by a Belligerent
power, though fhe was alledged to be
neutral American property; the veffel
being carried infra prefidia of the cap.
121 to 132.
Capture of a veffel from a Belligerent
power, by an American citizen, under
a Foreign Commiflion, though he fets
up an act of Expatriation, is unlaw-
ful, and the Court will decree reftitu-
tion.
133 to 169.
What constitutes an illegal out-fit of
a Privateer by an American citizen, to
cruife against a Belligerent power, at
peace with America.
152 to 169. 285 to 296. 307. 319.
Where it is unlawful for an Ameri-
can citizen to cruife in concert with a
Foreign Privateer, fo as to vitiate a
capture as prize.
155-6-7.
How far the facts, on which the de-
cree of a Circuit Court is founded, muft
appear on the record, upon a Writ of
Error. 184. 321 to 330. 336-7.
A veffel being found as a derelict on
the high feas, the was brought into
port by en American citizen, and being
claimed, it was adjudged, that the D.
trict Court has jurifdiction on the fub-
ject of falvage; and confequently to de-
termine to whom the refidue of the
property ought to be delivered.
188 to 198.
Immediately on a capture as prize,
the captors acquire fuch a right, as no
neutral nation could juftly inipugn, or
defroy what circumftances will not
conftiture an abandonment of the prize,
to restore the intereft of the original
188 to 198.
Where the captors abandon a prize
on the high feas, as a derelict, and the
is brought into port by an American
citizen, query, whether the whole pro-
perty, or what portion as falvage, fhould
he decreed to him?
198.
What is a competent legal Coramill-
on of a Foreign privateer.
133 to 169. 285 to 296.
What is an alteration, or augmenta-
tion, or replacement, of the force of a
privateer, in a matter folely applicable
to war; and whether it will work a
forfeiture.
285 to 296. 319.
An information for exporting of arms
and ammunition, contrary to the act
of Congress, is a caufe of Admiralty
and Maritime jurifdiction: it is also a
civil caufe, being a process in the na
ture of a libel, in rem 297 to 301.
It follows, of courfe, that no Jury is
neceffary, as it is a civil caufe; and
that an appeal lies from the District to
the Circuit Court, as it is a caufe of
Admiralty and Maritime jurifaiction.
What will amount in a decree to a
ftatement of facts, conformably to the
Judicial A&t. 321 to 330. 336-7.
What is a fufficient probable caufe
for feizing and bringing a neutral veffel
into port for further examination and
adjudication.
333-4.
The right of feizing an bringing in
a veffel for further examination, does
not authorife, or excufe, any fpoliation,
or damage, done to the property; but
the captors proceed at their peril, and
are liable for all the confequent injury
and lofs.
333-4.
The owners of a privateer are refpon-
fible for the conduct of their agents,
the officers and crew, to all the world;
and the measure of fuch refponfibi-
ty is the full value of the property in-
jured, or destroyed. 333-4-5.
Though a French prize could not be
regularly attached (before condemnati-
on) in on American port, if the captor,
who had power to fell the prize, agrees
that it fhall be fold, and the proceeds
abide the ifue of a fuit, the irregulari-
ty is obviated.
333-4-5.
A record tranfmitted with the evi-
dence, but not with a flatement of
facts, the cvidence cannot be considered
as a flatement within the Judicial A&t.
336-7.
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