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Josefa Segunda, Carricabura et al. Claimants, The U.S. 338 (1820)

handle is hein.slavery/ussccases0003 and id is 1 raw text is: 338 CASES IN THE SUPREME COURT 1820. facts are necessarily inquirable into by a Court and The Josefa jury; and this inquiry is not confined to written in- Segunda. struments, (to which alone the principle contenoed for could apply,) but to any act with, or without wri- ting, within the scope of the power or confidence re- posed in the agent; as, for instance, in the case of money credited in the books of a teller, or proved to have been deposited with him, though he omits to credit it. Judgment affirmed. (PaIzE AND INSTANCE COURT.) The JOSEFA SEGUNDA, Carricabura et al. Claimants. An information under the act of the 3d of March, 1807, c. 77. to prevent the importation of slaves into the United States. The al- leged unlawful importation attempted to be excused upon the plea of distress. Excuse repelled, and condemnation pronounced. Upon a piratical capture, the property of the original owners cannot be forfeited for the misconduct of the captors in violating the mu- nicipal laws of the country where the vessel seized by them is car- ried. But where the capture is made by a regularly commissioned captor, he acquires a title to the captured property, which can only be de- vested by recapture, or by the sentence of a competent tribunal of his own country ; and the property is subject to forfeiture for a vio- lation, by the captor, of the revenue or other municipal laws of the neutral country into which the prize may be carried. APPEAL from the District Court of Louisiana. From the proceedings in the Court below, it appear-

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