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William Cushing, John N. Cushing, and Caleb Cushing, of Newburyport, Massachusetts, Owners of the Brig James Gray, Libellants and Appellants, v. The Owners of the Ship John Fraser and the Steamer General Clinch U.S. 184 (1859)

handle is hein.slavery/ussccases0184 and id is 1 raw text is: 184 SUPREME COURT. Owners of Brig James Gray v. Owners of Sh John t Fraser e aZ. cannot concur that it is the duty of the United States, under the treaty, to disturb the possession of the settlers, while it appears that there is better evidence to establish the right of the donee, if any he had, to the land described in his con- cession. On the proofs exhibited, I am of the opinion that the decree of the District Court should be wholly reversed. Mr. Justice DANIEL I fully concur in the above opinion. WILLIAM CUsHrNG, JOHN N. CUSHING, AND CALEB CUSHING, OF iEWBURYPORT, MASSACHUSETTS, OWNERS OF THE BRIG JAMES GRAY, LIBELLANTS AND APPELLANTS, v. THE OWNERS OF THE SHIP JOHN FRASER AND THE STEAMER GENERAL CLINCH. An ordinance of the city authorities of Charleston, prescribing where a vessel may lie in the harbor, how long she may remain there, what light she must shuw at night, and making other siffilar regulations, is not in conflict with any law of Congress regulating commerce, or with the general admiralty jurisdic- tion conferred on the courts of the United States. It is therefore valid. A vessel at anchor is bound to show such a light as is required by the local reg- ulations. Where a vessel, being towed into port by a steam-tug, came into collision with a vessel at anchor, and the steam-tug and vessel at anchor were both in fault, the loss must be equally divided between them, provided the ship in tow was thrown against the vessel at anchor without any fault or negligence on the part of the vessel in tow. THIS was an appeal from the Circuit Court of the United States for the district of South Carolina, sitting in admi- ralty It was a case of -collision, in the port of Charleston, under the circumstances particularly set forth in the opinion of the court. The James Gray was at anchor, and the John Fraser was being towed into the harbor by the steamer General Clinch, when a collision ensued between the John Fraser and the James Gray The owners of the latter libelled both the two

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