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Page:United States Reports, Volume 2.djvu/36

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ge Cases ruled and decreed in the

y8r, for it is abfurd to {'ay, that Kmder rllrybn proceeded to {hip,

vvxu and Henderjén did not, if what Hemfegkn {hipt was the proper- ty of Kender MM2:. But, ir is objected, “ that‘altho’ Kemler Mrwn is mentioned in the letter, as a {hipper, yet it is to be underftood, that he is there defcribed as principal to H¢nde$u, and therefore, what was {hipt by Hmdegin, may with propriety be {`aid to have been {hipped by Kmder M4y{`wr." Vllhat evidence is t ere of {'uch a conneélion between M¢.•x and Hendnjbn? 1M¢n’: letters of correfpondence are all ad- dre{{`ed to Mor/in, and the {hip is conligned to Morjin and Hen- dzjn, as perfons in feparate and di{tin& interelis. The idea too, of fuch a conneétion, is contradiéled by the whole tenor of the papers found on board. If Ibnderjbn was the agent or attomey for Kmder Majbn; if he was the perfon, with whom Afrpn was fo extenlively inter- e{i:ed, in his commercial conneéiions, then the idea of his con- ne€tion with Mmyin U Ca. Mwjbn, Vance, E5' Co. and Love], Morpn, U Cn. ought to be abandoned: for, it is not to be be- lieved, that Mrybn {hould engage in three partnerfhips, and yet employ an agent or attorney, who {hips forty times the quantity of produce {hipt by all the three partnerfhips. But it is contended, “ that both {hip and cargo are the pro- _ perty of lllarybn and AIz¢n, in confequence of a plan concerted _ at Landon, between Kmdzr Mryn and H¢uy/én, agent for Bnmtliglvr 8: Sm, while the Ship Replution lay at Ery?utiur.” Ve have no doubt the voyage of the R¢lutim was planned at Landon, by Kemler 1kI¢u and Hg/lmyiw; but_the plan mult have been very different from the one fuggeited. One of two propolitions mult be true; either Mmyén and M¢n did not purchafe the {hip, and {hip the cargo, in confe- quence ofthe plan fuggelted, or Mvtfm has {worn falfely, and committed a perjury. Marin, the- 7th Marrb, ryllr, near twelve months after the R¤f»lu:‘im'.¢ voyage was concerted at London, fwears that the Ship Refalutian, belonging to the port of Roryéau, and owned by Bmmligbz E9' Sm, arrived at Dominica, OE!. r78o; for the pur- pofe of taking on board a cargo of {`ugar and coffee, the pro- petty of capitulants. . This oath iiatly contradifls the a{l`ertion, that the Ship was purchafcd; it alfo direétly contradiils thc atlertion, that the plan was to {hip a cargo, the property of Kendcr Mawr; for Kcndcr 1lI¢¢n is not a capitulant. · Mar_%n’: knowledge was competent to the facts he {`wore: He precifely knew what the plan was_that was really concerted at Landon; for, it is {irenuou{ly contended by the counfei foe the captors, that Kmder M¢n, in his letter to Moryén 8cHg/b. uy%·u