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Page:United States Reports, Volume 2.djvu/279

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Saraamt Co¤a.1• or Puqglwnh. 27] ailedged the ro to be Frencb, the condemnation is a I791• l ral, and the seerpjenis conclulive. It mult he obferved, ww- VVV ever, that the libel alledges more; and that the allegations are j in diroft contradiction to each other; for, if the vedzl and car- · go were French property, they could not, likewife be, as all the other allegations import, American property; and when the plaintilf can {hew, that it was impollible the decree ihould be on the ground of Fmzcb property, it mult be prefumed to have proceeded on the other grotmds ltated in the libel. As to thofe other grounds, it is enough curforily to obfcrve, that the dc- fendant has in vain endeavored to prove, that the veiiel was em- ployed in a trade with the Frcncb illands, not permitted before the war; that the tranfportation of a few, unarmed invalids, cannot be denominated contraband; nor will their pcrfonal bag- itge and furniture come within the defcription of the cargo; ark In:. Bun}. 232. Slra. 943. t DaIL Rrpagj" and that the reit of the allegations are not caufes of condemnation upon any principle of the Law of Nations. _ _ The defence was fupported by Lewis, E. Tilgbmcm U Rawlc on three grounds: tit. 'I`hat there was a concealment from the underwriter of the fa&s, known to alfured, that Hour had been-exported in the velfel for the Frcnclv miuiilser, and that there were Frznclv foldiers and their property on board at the 4 time of the ca ture. ad. That the warranty had not been li- terall fullilleeic as a part of the property on board was Frcncb, and hxrniture mult be conlidered as part of the cargo; and it is ‘ immaterial, whether the lolh is owin to a breach of the war- ranty,or not,if the warranty has not geen firiétly complied with, even in a rrilling circumllance; gfvrriori in a circumilanee of fuch importance. Park In/I 318. r . Rcp.34g. 3 [Rep. 36o. Coup. 607. 3d. That the fentcuce of the Court of Vice-Admiralty ia conclulive. Whatever was meant to be decided, {hall he forever at rell:. Perl: In_/I 3 54. Daugt $44. And, in a great variety of cafes, it is held, that when there is a warranty of neutral pro- perty, and the condemnation is general, the decree {hall bo ` concluiive; which is, likewife, the law, when the fentence ia given on the very point of the warranty. a Sim. 743. Skin. gg. ‘ 3 Slmmaga. 71 Ray. 473. c¤ffb•34· Salk. ga. ' M¢lCa.m, Cbij ju/lice. The fame diEculty, that occurred in the cafe of Bcmardi u. Jllattcux, Doug. 55;, certainly occure in the prelim: cafe :··~how is the ground of condemnation to be albertained? The libel afierts in one place, that the property Mm · is ' Sumzzn, jnrricc. The firongelt cafe on the quellion of acargo, it that in Bunb. a_;a. I remember that before the revolution, there was a feiaure of a Palatine veiiel with psllengen, on account of the Baggage; but I acquitted her on the auth•rity of that Clit.