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Little et al. v. Barreme et al. U.S. 170 (1804)

handle is hein.slavery/ussccases0042 and id is 1 raw text is: SUPREME COURT U. S4

HEAD    sidered by the court that the judgment aforesaid be, for
& AMoaY this cause, reversed, and annulled, and that the cause be
V.
THE PRovy- remanded to the said circuit court to be again tried,
jDENcE ..xsu- with direction that the testimony, in the said record con-
IZANCE Coa- tamined, does not amount to evidence of a contract con-
PY       cluded between the parties, and that the defendants do
pay to the plaintiffs their costs.
LITTLE
ET AL.
V.        LITTLE      ET AL. v. BARREME           ET AL.
BARRI ME
,T AL.
SON the 2d of December, 1799, the Danish brigantine
A commander Flying Fish, was capture.d, near the island of Hispaniola,
of a ship of  by the United States frigates Boston and General Greene,
w~r of the U-
nited States, in upon suspicion of violating the act of Congress, usuially
obeying his in. termed the non-intercourse lash, passed on the 9th of
structions  February 1799, Vol. 4. p. 244 ; by the 1st section of
fromthe Pre- which it is enacted, That from and after the first day
sident of the
UnitedStates,  of lfarch next no ship or vessel owned, hired or em-
acts at his pe- ployed, wholly or in part, by any person resident
ril. If those   within the United States,-and which shall depart there-
instructions   from, shall be allowed to proceed directly, or from
al' not strictly                                         o    lc
warranted by  any intermediate port or place, to. aiy port or place
law he is an- 1, within the territory of the French republic, or the de-
swerable in   pendencies thereof, or to any place in the West-Indies,
damages to
any person in-  or elsewhere under the acknowledged government of
jured by their  France, or shall be employed in any trafc or corn-
execution.  4 merce with or for any person, resident within the
The act of the jurisdiction or under the authority of the French re-
9th of Febrja.
ry, 1799, did  public. And if any ship or vessel, in any voyage
not authorise  thereafter commencing, and before her return within'
the seizure up-  the United States, shall be voluntarily carried or suf-
on the high
seas of any    fered to proceed to any French port or place, as afore-
-essel sailing  said, or shall be employed as aforesaid, contrary to
from a French  the intent hereof, every such ship or vessel, together
port; and the with her cargo, shall be forfeited; and shall accrue,
orders of the
President of  1 the one half to the use of the United States, and the
the United   other half to the use of any person or persons, citizens
State: could  l of the- UnitedStates, who will inform and prosecute for
not S4besie, n                                               a
sucs a    . the same ; and shall be liable to be seized, and may
uere, wheth. be prosecuted and condemned, in any circuit or district
er probable  court of the United States, which shall be holden with-
caue will - in orffr the district where the seizure shall be made.
cuse from
damages ?

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