Berkeley and Jefferson intelligencer. [volume] (Martinsburg, Va.) 1802-1810, 1808-06-17

Of Che1l-s,on, merchants, being several
" sworn according to law, dePoseth,
That the American registered ship Re-
source, arrived from foreign voyage
in the por, Of Charleston about 6 mouths
sisce, owned one halfby the deponent,
I. S. Barker, residing in Charleston and
the other half bv American citizens re.
siding in Baltimore; That the deponent
REPRESENTING the owners aforesaid, ape
p:ehsnsive that the bottom of the ship
might, by her being detained here dur
ing the embargo, DC totally destroyed by
worms, did tor that reason determine
on sending her to Baltimore and regu-
larly Advertised for freight to said port
Of Baltimore That having obtained the
promise and actually engagedthe freight
Of about 600 bales Of cotton, it became
requisite TO ship either ballast or hea-
Wy freight, so as to enable the said ship
to be nav.gated with safety; That ballas,
not being obtainable, these deponknts,
about three weeks since, agreed to car.
Ty to Baltimore about two hundred bar
rels of rice, freight free, and that the
same was shipped by Fermit from the
custom. house, and under the Inspection
Of a revenue c!i~er about two weeks
since, that on application for CLEARANCE
OF the said ship and her cargo to Slime on
Theus, COLLECTOR o. the port Of Charles
ton, duly commissioned and autho,i zed
to exercise and perform the dutie, Of
said public Office OF Collector Of the port
aforesaid, he hath refused to grant
clearance for said vessel and cargo
aNedsing that although he has no susri.
cion, that the clearance demanded i.
Intended to cover an ostensible voy
age to Baltimore, or to Infringe or c.
wade the existing laws, relative to the
embargo, and although he admits thai
the ship was laden previously to his re.
ceips of the act of congress, respecting
the embargo, under date of the s5th A.
p.il ult. yet that he is bound to refuse
such clearance, under the directions Of
the executive of the United States,
which he ccnceives he is bound to obey;
That these deponeuts have just right
under the law to obtain fpom the said
Sine on Theus, Collee;or as Aforesaid, the
clearance so withheld and refused to be
granted. y.
ADAM GILCHRIST,
IL ]. SANFORD BARKER.
Sworn to before me this
2lth Of May, 1908.
JoAn Ward, g: q
Upon the return Of the rule, the de.
PENDANT Showed the following cause:
UNITED STATES, !
So. Carolina District,
Federal circuit CO urt.
Exparte | P,,o - .h.m
90. why a mandamus
should not issue,
Simeon Theu.,eso requiring him to
c1 oil Shsf;Hi'o port Certain vessels.
Simeon Theus, collector of the port
aforesaid, on whom copy of the above
rule has been served for cause,
Sheveth
"IhGs,ir, and by, a certain act of
Congress Of the said United States, pas
sed the 2Jth Of April, 1908, it is in the
1I.h section thereof, amongst-o,her
things. enacted: " That the Collectors
OF the customszbe, and they arc hereby
respectively authorised, to detain any
vessel esfeasfdts bound with cargo to
some other port Of the United States,
whenever, in their opinion, the intention
Is to violate or svade any provisions Of
the acts laying an embargo, until the
decision Of the President Of the United
States, be bad thereupon. Also, that
N, and py certain circular Letter from
The Treasury Departments, of the United
States, dated the 9th of May, 1908,
and addressed to the said Simeon Theus
as collector aforesaid, he is instructed as
follows:-( Here .tsAaws rktciycutar in
"sirHctiaas 9 lir, GaLatin. Inserted in the
Courier cfthe 23d Instant. That the
said Simeon Theus, collector as afore.