Dr. Little's Case. Paul Grimball, complainant. 183 Of Thomas Lord Coventry PHILADELPHIA: PUBLISHED BY W. P. FARRAND AND CO. TO READERS AND CORRESPONDENTS. IT is expected that the following articles will compose a part of the third number. Cases decided in South-Carolina, extracted from the MS. reports of the honourable Judge Bay, of Charleston. The Attachment Law of New-York and Pennsylvania, with references to the adjudged cases. Biographical memoirs of Chief Justice Holt. A table exhibiting a complete view of the Law of Descents in Maryland. Remarks on Bonds and Judgments in Maryland. THE AMERICAN Law Journal and Miscellany. No. II. Supreme Court of the United States. FEBRUARY TERM, 1808. Present MARSHALL, Chief Justice; CUSHING, CHASE, WASHINGTON, JOHNSTON AND LIVINGSTON, Justices. Fitzsimmons, Plaintiff in Error, v. The Newport Insurance Company. UNDER the treaty between Great Britain and the United States, the persisting in an intention to enter a blockaded port, unconnected with any fact, is not a just cause of condemnation, because the article requires that the vessel should again attempt to enter after having been warned away. Where the facts stated in a foreign sentence do not in themselves amount to a justifiable cause of condemnation, the cause is open to further evidence. Such a sentence showing on the face of it, that it was founded upon an insufficient cause, does not falsify the warranty of neutrality contained in a policy effected in this country. E RROR from the Circuit Court for the district of RhodeIsland. The action was brought on a policy of insurance, upon the brig John, Captain Barker, for a voyage from Charleston to Cadiz, warranting the brig to be American property; and stipulating, that the underwriters should not be answerable for any seizure on account of illicit trade. On the trial in the Circuit Court, the jury found a special verdict (on which judg U ment was rendered in favour of the defendants, the underwriters) containing the following facts: "We find that the plaintiff on the 12th day of July, 1800, "caused himself to be insured five thousand dollars, on the "brigantine John of that value, belonging to the plaintiff, on a "voyage from Charleston to Cadiz, according to the policy and "memorandum. "That the said brig sailed from Charleston under the com"mand of R. Barker, with orders to proceed to Cadiz, on the "18th day of June, 1800: that being arrived off Cadiz said "brigantine was brought to by the British fleet employed in the "blockade of Cadiz; which port was then blockaded by the fleet "of the king of Great Britain; of which the said R. Barker was "notified by Captain Elphinstone commander of the Hector ship "of war, one of the said fleet of the blockade of Cadiz, and was “warned by him not to proceed to, nor attempt to enter said "port: that on the back of the register of the said brigantine John is the following indorsement, viz. 'Warned not to "enter Cadiz or St. Lucar, as they are blockaded; but has per"mission to enter any other port;' dated, ‘Swiftsure, July 25th, "1800,' and signed by B. Hallowell, Captain of the Swiftsure, one of the ships of the blockading squadron;' but the said Bar"ker had no notice of said indorsement, until after the condem"nation of the said brig, hereafter mentioned. "That the mate of the said brig and four of the seamen "belonging to her were taken out of the said brig, and a prize "master and men sent on board her, from the blockading "squadron; that the said brig was detained by the said fleet from "the 13th day of July when she was first stopped as aforesaid "till the 27th day of July, 1800; when Captain Barker was sent "for on board the Admiral Sir R. Bickerton's ship; and the said "Admiral informed him, We have thoughts of setting you "at liberty; and in case we do, and deliver you your vessel and "papers, what course will you steer; or what port will you pro"ceed for? To which Barker's answer was, that in case he "got no new orders, he should continue to steer by his old ones;' “upon which the Admiral said That is sufficient; I shall send * you to Gibraltar for adjudication.' ་ |