Alexandria gazette, commercial and political. [volume] (Alexandria [Va.]) 1812-1817, 1812-11-11
r;rcu;f co,,rt Of the o. States.

Oct0ber Term, 1912.
The TULIP, FUNK, VIM. SHAW, OF
New York, Claimant and Appel
liant.
The vessel and her cargo had been
condemned. as lawful prize, to the
m;yateer ATLAS. Maffet, upon the
gronnd that the vessel was employ
ed. after the declaration Of war, IN
The service of the enemy. to carry
Mr.. FosTER's public dispatches, in
charge Of messenger. from New
York to England. The Claimant
WILLIAM SHAW, naturalized eth
zen of N. York, appealed from the
sentence of condemnation. and The
sDpeal was heard, on the eth and
esth of October. upon an argument,
by Messrs. Hepkinson and BlnDey
for tn e Appellant, and by MIR. Dallas
for the Appellee.
Upon the delivery of Mr.. Fosters
dispatches, unopened TO the district
Judge, he directed them TO be sub
nitted to the Secretary OF State, in
a der to ascertain whether, iii the O.
pinion Of the Executive, their con-
tents were proper to be exhibited on
the public record. The Secretary
Of State returned office copies of the
dispatches to Mr.. Dallas Gas the law
officer Of the distrieD stating that it
was not the wish of government. that
publicity should be given to them.
unless it was for the promotion of
public, or private justice. Judge
Peters. when the demand was made.
in the District Court by the Clai-
mants Counsel, for placing the dis
patches. among the public exhibits
in the Court. declared. that he did
not think the disclosure necessary
for the promotion Of public OF pri-
waite justice that at that time, It
might be attended with some public
Inconvenience. by Fastening the com
munieation of the dispatches of the
enemy; and that it was enoagh. upon
principle, as well as upon the pre-
redents 10 be found in the admiralty
law Of England, and of France. and
Of other IA ions. TO substitute in mis-
own certificate, a general description
Of the matter contained in them.
On the appeal. in the circuit court.
the same preliminary question occur
rs,i; but Mr.. D>.:!as, delivering (eOn-
formahlyto his Instructions the dis
patches to Judge Washington, to be
disposed OF as the Judge should d.
rect, observed that, undoubtedly the
great reason for withholding the pub
LEGATION of the dispatches, in erienso,
might be tho't to have ceased by the
lapse oftime. and the arrival of sir,
Foster in England. So far as infor-
NATION WAS TO he conveyed TO the en-
>Ny, the object OF the dispatches
was Elected. by personal eommanl-
eations , and as to air. Fosters con
lectures rel~ive to the conduct OF
our government. i,e public docu-
ue.its sufficiently pross their ralla-
y. Mr. Dallas. however, maintain
cd the correctness Of the decision Of
the District Judge, under the cir
cUmst.--ces existing when It was pro-
nonncod, anG referred TO the autho-
rites upon The subject.
Judge Washington, OH the succeed
ing morning. directed the dispatches
10 be made erhibits liz the cause, say
iag. that lac had not formed. and did
not mean 10 Intimate, any opinion
upon the general question, whether
sarh documents might not be with
held ironi the record, upon princi-
pies of public policy; but that he
was of opinion, that the reason for
withholding them in this ease. had
ceased. and that the publication could
not be attended with any Injurious
consequences to Tie government.
The cause was then urged on the |
tire grounds taken by the Counsel |
for the Claimant 1. That trading
with the enemy was not, in itself, un-
lawful. 2. That carrying the dis
patches Of the enemy was no:
trading. within the meaning of the
principles and authorities cited for
The i4ibtllant. And Sd. That if any
offence was committed by carving
lh' dispatches in the present case.
il was the offence Of a citizen, a.
sdinst the municipal law of his own
COUNTRY, not an offence in violation
II the law of Bations; and csrse-
,ueni'y, that the offender could only
&c prosecuted and punished, accord
n, 10 i:.c cOnimoa Law, or the statute
AN. neither Of which would Justify
e2PiI,r and condemnation of the
cSSnI AMI p..n |