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Page:United States Reports, Volume 2.djvu/35

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FBDERLL Couar OI APPl1L$._ QQ the cargo were ihipt byHmd»p», as agent and ammey for the rqlr. Briti capitulants; the relidue of the cargo was {hipt, partly vvv by umu Mor/on, gent and attorney for Bragg capitulants, part y by Morfon U . and partly by others, in ir own right, . as agents and attornies for others. _ '1`he letter of correfpondence, which Hmdnfm addrefed to Brsnthgbr Lf Sm to whom the {hip and cargo were coniigned and his letters o{’correfpondence, addreifed to th:}ECD(l¢m2D al London for whom he was agent and attorney · bill of la- d' he itook for the property {hipt, and his dephlition annexed tonlie {aid bill, give a fair hi{lory of fuch part of the cargo, as was {hipt by him :thThey prove tzelzithtiuprljperty of tapitulants and not e property er em. - ’I'he depblitions of james Mayan, the bills of lading, and the certilicates of the Chief Jultice, point out and afcertain, what part of the cargo he {hipt as agent and attorney, and prove it to be the property of Brit;} capitulants, and not the property of Kmdzr Mqfan. The depo{irions, bills of lading, manifelt, letters of correl'- pondence, the Govemor’s padport and certiiicate, and the de· polition of Morjiu and Fitzgerald prove that the reiidue of the · cargo, except what was {hipt by Mm-fm, if Ca. Mor;/on, Verma, U Co. and Level, Morjbn E$'Co. was the property of Brityb catiitulgry-s, an: nothtlg property of Kmd:·°1:.{d¢r;im a an t cn a any property on a t property muil: have lieen iri fuch parts of the cargo as weie {hipt by Mar- fm ET Ca. Vance E9' Co. and Low! Morfm £9'Co. With regard to lhis part of the cargo, the eviddnce is nist full and compleat: For altho’ Mao;/in is proved to he a capitulant yet the oompa- ny is neither afcertained, nor proved to conlilt hf capitulants. But it is contended, that the property {hipt by Hemlerfm was the property of Kmder Mrym. On what ground is the idea taken up, that M»¢n had any property at all on board P It is founded folely on that part of Marjhn E9' C0.’s letter, which mentions Keuder Maja as a {hip- per. Exclulively of this letter, there is nothing, belides mere conjefture and poilibility, to prove that he had any property at all on board. This much mult be clear; that if Hevrdegin was meant, then Mq/`on was not meant. Moriybn 8r Co. {ay in their letter, “ that even after the arrival “ of t e Brityla proclamation, no one but Kendrr Mrjm, and “ ourfelves, would immediatel {hip." lf Hemlerjn was not meant for Kmdvr Mzghn, then finder;/éu was amongllz thofe who were {till alarmed, and would not immediate? {hip, on the ar- rivnl of the Britylv proclamation; and, con equentl , Xander - Jllzjw could have no property in what was {hipt by zleuduén: or