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eBook details

• Title: Brig James Wells v. the U. States
• Author : United States Supreme Court
• Release Date : January 08, 1812
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 58 KB

Description

Absent. Marshall, chief justice. THIS was an appeal from a sentence of the Circuit court which affirmed that of the District Court of Connecticut, restoring the Cargo but condemning the brig James Wells, an American registered vessel, for a violation of the 3d section of the embargo act of January 9th, 1808, in making a voyage to St. Bartholomews, under a clearance for the port of St. Mary's, in the state of Georgia. The excuse suggested by the claimant of the vessel was stress of weather. He stated in his claim and answer, that the vessel laden with 1272 barrels of flour, sailed from New York on the 26th of February, 1808, cleared and bound for St. Mary's, with a bona fide intention of going there, and without any intent of going to any foreign place. But that by contrary winds and stress of weather and the leaky condition of the vessel, he was compelled against his will (he being owner and supercargo) and against the will of the captain and crew, to go to, and enter the port of Gustavia, in the island of St. Bartholomews, in the West Indies, where he was obliged by the leaky and shattered condition of the vessel, to unlade the cargo, which was greatly damaged, and he could not afterwards obtain permission to carry it away again, but was compelled to sell it there.

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