About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

Respublica versus Sparhawk U.S. 357 (1788)

handle is hein.slavery/ussccases0069 and id is 1 raw text is: UXtMEM- Coukr of PennJy'lvania.; 357 YM'KEAN, Ch;f .7uftite.-J'ood is a writei of great authority, Xnd frequently' cited with refpe&t in Jf'omi nfer- Hall. In the cafe before us, the execution has regularly itii ed, upon a judgment regu- Iakly obtained; and although we thould certainly prote& fuitors, witneffes, and jurors, from an arreft on mrjne prccefs, during their. attendance upon the Court, and for a reafonabletime in coming and going, yet no cafe has been fhewn, -Abich will jufifjy our interfer- enoe to difcharge a ran taken in execution on the ground offuich a lToteion. It is, indeed, the privilege of the Court that is infrin- ad ;'and, it is difcretionary, to grant it on fome occafions, and to refufe it up.on others. S BY. THE'COURT :-The prifoner muff be remandcd.. RiP UpUBLICA verfus 'SPARHAWX. T HIS was an appeal from the CsntptrjLler General's decifioN' on the trial of which, by confent of the .dlorney Geuieial, 8par- hawk was confidered -as Plaintiff. I There was a verdict and judgment nifi for the Commonwealth, when Ingerfol obtained a rule to fhew caufe why a n~w trial lhould .iot be granted. The cafe was this :-congress, perceiving that it was the intention of the Briti/h army to pol&l I themfelves or Philadelphia, aud being informed that contiderable depofits of pro'ifiuns &c. weret made in that city, entered into'a refolution on the i ith.of April, 1777, that a Committee fhould'be appointed to examine into the truth, of their information;. and, if it was found true, to take effectnal mena- flires, in.conjun&ion v'ith the. Pennvflvania Board of War, to pre- Vent fuch provilions.from falling into the hants of the enemry, On the r3th 6f the fame month, the J'ennfyhlania Board of War, in aid-of this refolution, addreffed a circular letter to a number of citiieris in each ward of the city, requeIfing the'ti to obtain from wery family a return of the provifions &c. theil iii polreffion, and the number of perfons that compofed the families refpc&ively, in or- der that proper meanures night -be purfued for renovi g any innecef- fary quantity of fipplies to a place of fecurity. At the fame time, it was mentioned, that - this proceedingwas not intendedt to alter or diveft the property in tae articles removed. but, on tile contrary,- that the fame thould be -t all times liable t', the brder of the refpcc- tive bwners, providedthey Were not expolid to be taken by the enie- my-. . That no precaution might -be omitted upon this (occafron, the Pennfy[vani2 Board of War, on the fuccecding day, deirt'd General &fuyler to preVent the introdution.of further hipplics, and to a'dopt the moft eft&ual means for preventing the departure of the wtggn which were then in the city, and for p ocuring as mz;:y moie as would Determined at S-utnury. N. P. on tfix:th of r 7S*'S- beforg tkh 'Caizr Jus-rce, and Mr. yf,'.j Rusu.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most