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Page:United States Reports, Volume 2.djvu/253

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_ Burman Coun or Pmyjlwaia. aq . ` *79* Séfflflldtf TCIHI, I 796. --1-—· Warau oerjiu Cou.o·r. · g APIAS. Iagerjall and Levi: had obtained a rule upon the•Plaintiff to ihew his eaufe of action, and why the de ndant fhould not be difcharged on commonbail. Dalla.r8¢ Du Ponceau now {hewed caufe. ` It appeared that the Plaintilf was mailer of the Kitty, a brig, Which, together with her whole cargo, belonged to Slrphm Gi- _ rord, an American citizen of Philadelphia, bound on a vo age from this port to Zeremie in the 1{land of St. Domingo and hack . again. The brig ad arrived atgeremk, and fold part of her cargo to the French government ere, before the port and town . were taken by the Brieyh; after which, having purchafed fome produce, the plaintif was permitted by the captors, to proceed to Cayemite to obtain the money due `to- im from the French government, and to compleat his retum ca . On the ad of November 1793; he failed from Cayemite forrgaviladehohia; ut meeting with conliderable damage on the American coali, he was compelled to bear away for the iiland of Guadaloape. When he had arrived within three leagues of Bafterre (for which he was aélually iteering) he was boarded by a French privateer, carried into the road of Beywerre, and perfonally maltreated by the privateer‘s men. The veffel and her cargo being libelled before the tribunal for the dillriél of Bqpierre, the judge, after a full examination of the {hip’s papers, pronounced a decree “ that the brig Kitiy, her cargo, and all her appenda es, {hould bereilored, and that the captors fhould pay the coils? But _ the defendant, who was the Governor and Commander in Chief of Guadalupe, direfted an appeal from this decree to be brought before him; and although the Court, and the National Com- miifary protefted, in the ltrongeil: terms, againil his power to ‘ take cognizance of the cafe, he roceeded to coniifcatethe brig and her cargo, for the benefit of? the privateer. The Court at- tempted in vain to execute its decree, but the governor fue- ` ceeded in enforcing his mandate. Tlgdefendant being obliged foon afterwards to feel: an afylum in hi/adelohia, the plaintiff who- had a conliderable adventure on board the brig) arreited m in the prefeut aélion, to recover the amount of his damagg;