[blocks in formation]


IN THE YEARS 1812 AND 1813.





21382 OF THE



District Clerk's Office. BE it rememberel, that on the twenty-seventh day of April, A.D. 1815, and in the thirty-nintha year of the Independence of the United States of America, John Gallison, of the said District, has deposited in this Office the Title of a Book, the Right whereof he claims as Proprietor, in the words following, to wit-Reports of Cases Argued and Determined in the Circuit Court of the United States, for the First Circuit. Vol. I. Containing the Cases determined in the Districts of New-Hampshire, Massachusetts and Rhode Island in the years 1812 and 1813.

In conformity to the Act of the Congress of the United States, intitled, “An Act for the Encouragement of Leaming, by securing the Copies of Maps, Charts and Books, to the Authors and Pro prietors of such Copies, during the times therein mentioned ;" and also to an act, intitled, “ An Act supplementary to an Act, intitled, An Act for the Encouragement of Learning, by securing the Copies of Maps, Charts and Books, to the Authors and Proprietors of such Copies during the times therein mentioned ; and extending the benefits thereof to the arts of designing, engraving and etching historical, and other prints."

Clerk of the District of Massachusetts


All the cases, which appear in this Volume, were decided before the Subscriber assumed the office of Reporter. It is much to be regretted, that the gentleman, who preceded him, was compelled by his literary and professional pursuits, not only to relinquish the office, but to decline the labour of preparing the Reports for publication. The task would no doubt have been executed by him in a manner far more satisfactory, than was possible for one, who, to say nothing of other causes, was not present at the arguments, and was, therefore, but il qualified to fill up the outline of the minutes taken in Court.

In many of the cases of the Fall Circuit, 1812, a slight sketch of the argument has been attempted, and the editor feels it his duty to apologize to the counsel for the very imperfect manner, in which it has been done. A consciousness of this imperfection, combined with the discovery, as the work progressed, that it would exceed the proposed number of pages, induced him, in the succeeding cases, to con


fine the report to the bare statement of facts, and the opinion of the Court, which fortunately has been uniformly in writing. In general, however, a very full account of the points raised will be found in the opinion.

The Subscriber hopes shortly to offer to the Public more full reports of the many important cases, which were decided in the year 1814. This, however, will in some degree depend on the encouragement, the present volume may receive.

When the Proposals for this work were issued, it was supposed, that five hundred pages would easily contain all the cases intended to be published. Though they have, in fact, extended to six hundred and fifty pages, it has been thought best to bring down the Reports to the year 1814, omitting only such cases as appeared to involve no important legal principles. It is presumed, that this course will be most satisfactory to Subscribers. It has however rendered necessary the addition of one dollar to the price, in order to secure the reimbursement of the expense of publication.


Boston, April 26, 1815.


The Shortstaple, page 104. Reversed by three Judges against two.
The Mars, page 192. Reversed by four Judges against three.
The Rapid, page 295. Affirmed.
United States versus Arnold, page 348. Iffirmed.
Van Reimsdyk versus Kane & al. pages 371 and 630. Affirmed in prin-

ciple ; but sent back to ascertain the damages due on protested bills. The Ship Francis, Dunham and Randolph's claim, page 445. Affirmed.

Colin Gillespie's claim, page 614. Affirmed.

John Graham's claim, page 618. Affirmed. The St. Lawrence, page 467. Affirmed. The Alexander, page 532. Affirmed. The Joseph, page 545. Affirmed. The Emulous, page 563. Reversed; the majority of the Court being

of opinion, that an act of Congress was necessary to authorize the condemnation of enemy property within the United States, at or

before the declaration of war. The Julia, page 594. Affirmed. The Mary, page 620. As to the ship, affirmed : as to the cargo,

reversed on another point, it appearing on the farther proof ordered in the Supreme Court, that the cargo was protected from capture by the President's Instruction of the 28th of August, 1812.

CASES YET PENDING ON APPEAL. The Ship Octavia, page 488. From a subsequent decree on the facts. United States versus Cornelius Coolidge, page 488.

versus Stephen G. Clark, page 497.

In no other cases here reported have appeals been interposed.

« ForrigeFortsett »