Alexandria daily gazette, commercial & political. [volume] (Alexandria [Va.]) 1808-1812, 1812-03-07
SUPREME COURT OF THE U. STATES

This interesting cause was argued last
week, in the Supreme Court OF the United
States, now in session, by Mr. Dallas, -Attor-
ney of the United States for the district OF
Pennsylvania, and Mr.. Pinkney, Attorney-Ge-
neral of the United States, upon one side, and
by Mr.. Hare of Philad, lphia, and Mr.. Har
per of Baltimore, upon the other. The case
was this-on the Oath Of August last, John Nc
Fadon and Hilliam Greefham, of the state OF
MARYLAND, filed their libel In the district court
of the United States, for the district OF Penn
sylvania, against the schooner Erchange, set
ting forth that they were her sole owners, on
the 9th Of October 1909, when she sailed
from Baltimore, bound to st. Sebastlans In
Spain. That while lawfully and peaceably
pursuing her voyage, she was on the 3Oth OF
Dec. Is 10, violently & forcibly taken by certain
persons, acting under the DEGREES and orders
of NAPOLEON Enlteror Of the french, out OF
the custody of the libellants, and their cap
tain and agent, and was disposed OF by those
persons, or some of them, III violation OF the
rights of the libellants, and Of the laws of ma
tons in that behalf. That she had been
brought into the port of Philadelphia, and was
then in the jurisdiction of that court, in pos
session of certain Denis NJ. Begon, her re-
puted captain or master. That 10 sentence or
decree of condemnation had been pronounced
against her, by any court OF competent jurs-
diction BIZ: that the property OF the lbellants
in her remained unchanged and in full force.
They therefore prayed the usual process Of
the court 10 attach the vessel, and that she
might be restored to them.
Upon this libel the usual process was lssu-
ed returnable on the 3Oth OF August 1911,
which was executed and returned according
ly, but no person appeared to claim the YES
sci in opposition to the libellants. On the
9th Of September the usual proclamation was
made for all persons to appear and show cause
why the vessel should not be restored to her
former owners, but no person appeared.
On the 3th of September, like procla-
mation was made, but no appearance was en-
tered
On the goth of September, Mr.. Dallas, the
attorney of the United States, for the district
Of Pennsylvania, appeared, and lat the instance
of the Executive department of the govern
ment Of the United States, as It's understood)
flied suggestion, to the following effect:
Protesting that he does not know, and does
not admit the truth of the allegations contain
ed in the libel, he suggests and gives the
court to understand and be informed,
That inasmuch as there exists between the
United States of America and Napoleon, En-
peror of France and King of Italy, sc. &c. a
state of peace and amity the public vessels
of his said Imperial and Royal Majesty, con-
forming to the laws of nations, and laws of the
said United States, may freely enter the ports
and harbors of the said United States, and at
pleasure depart therefrom without seizure, ar
tain public vessel described and known as the
Balsou, or vessel, No S, belonging to his said
Imperial and Royal Majesty, and actually en-
ployed in his service under the command of
the Sieur Begon, upon voyage from Europe
to the Indies, having encountered grea, stress
of weather upon the high seas, was compelled
to enter the port Of Philadelphia, for refresh
ment and repairs, about the ed of July 1911. |
That having entered the said port from ne
cessity and not voluntarily having procured |
the requisite refreshments and repairs, and !
having contormed in all things to the law Of |
nations, and the laws Of the United States, was |
about to depart from the said port OF Philadcl- |
phla, and to resume her voyage in the service |
Of his said Imperial and Royal Majesty, when I
On the Gath of August 1871, she was seized, |
arrested and detained in pursuance Of the pro-
cess OF attachment issued upon the prayer of |
The lloellants. Th.t the said public vessel had |
not, at any time, been violently and forcibly |
taken or captured from the libellants, their I
captain and agent Oh the high seas as prize of
war, or otherwise but that if the said public I
vessel, belonging to his said Imperial and
Royal Majesty as aforesaid, ever was a vessel
aavigatlng under the flag of the U. States. and
by the libellants, citizens thereof, as
N their libel is alleged (Which nevertheless
he said attorney does not admit the property
Of the libellants, in the said vessel was seized