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Rose v. Himely U.S. 241 (1808)

handle is hein.slavery/ussccases0022 and id is 1 raw text is: FEBRUARY, 18o8. 241 ing, 'that the plaintiff had a dear right of action upon Youino the sealed instrument; he might aver in his declaration V. P X TOM. that he had, in part, performed the work,* and was ready to do the rest, but was prevented by the de- fendant.. And Whenever a man may bav. an action on a sealed instrument, he is bound to resort to it. Judgment reversed. ROSE v. IHIMELY. to. THIS was an appeal from the sentence of the circuit It a claim be set up un. court for the district of South Carolina, which reversed dr the sen- that of the district judge, wh9 awarded restitution, to tence or con. Rose the libellant, of certain goods, part of the cargo of demnation oF a foreign the Americn .schooner Sarah. corei court -will This vessel-after tradiiig with the brigands, or rebels examine into. Qf St. Domingo, at several of their ports, sailed from tle ju dic- tion or such thence, with a cargo purchased the*e, for the United court; and if States; andhadproceeded more than ten leagues from the thatcour can. coast of St. Domingo, when she was arrested by a not, c--it- French privateer, on the 23d of- February, 1804, car- e2 ntfY nth ried into the Spanish port of Barracoa, in the island of exercise the Cuba; and there, 'with her cargo sold by the captors, jurisdiction on the. 18th of March, 1804, before condemnation, but *hich it has under authority,. as. it i-as said, of a person who styled assumed ito . was sai, ofa pes n entence is to himself agent bf the government of St. Domingo, at St. be disregard- J7ago de Cuba. The.greater part of the cargo was pu:- eir but o chzsed by Colt, the master of an American theion,. vessel called the Ex& m ple, into which vessel the goods far as it da. were clandestinely transferred from the Sarah, in the pends u on night timiei, and brought into the port of Charleston, in nuni6P? South Carolina, wheretheyweie followed by Rose, the /am:, oie supercargo of the Sarah; who filed a libel against them, rycountry are in behalf of the former'owners, complaining of the the excl|sive unlawful seizure on the high seas, afidpraying lbrresto- Judges. Eve. ry sentence of ration -fthe goods : whereupon process was issued, and condemnation by a compe. tent cbtrt,

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