The Ship Octavia .—Nicholls

14 U.S. 20, 4 L. Ed. 25, 1 Wheat. 20, 1816 U.S. LEXIS 305

• Court: Supreme Court of the United States
• Decided: February 13, 1816
• Status: Published

Opinion

Story, J,,

delivered the opinion of the court.

This case depends on a mere question of fact.

After a careful examination of the evidence, the majority of the court are of opinion, that the decree of the circuit' court gught to be affirmed. It is deemed unnecessary to enter into a foi’mal statement of the grounds of this opinion, as it is principally founded Upon the same reasoning which was adopted hy the circuit coixrt in the decree tvhich is spread before »s in the transcript of the record

Decree affirmed with costs. e

e As the opinion of the court, below is referred to, for the grounds upon which its decree was affirmed, it'may seem fit here to insert so much of that opinion as develops the principles and rules of evidence applied by the court in cases of this nature.

After stating the facts of this case, the learned judge proceeds y “ Since I have had the honour to sit iff this court I have prescribed to myself certain rules, by-the ap-, plication of which, my judgment, incases of this nature, has .been uniformly governed. 1st. Where the claimants assume the onus probandi (as they do in this case) not to acquit the property, unless the defence be proved beyond a reasonable doubt. 2d. If the' evidence of the claimants be olear and precisely in point, not to indulge in vague and indeterminate suspicions, but to pronounce an acquittal, unless that evidence be cloudfed with incredibility, or encountered by strong presumptions of mala Jidés, from the pther circumstances of the case.” He also alludes to the absence of documentary evidence to support the defence set up by the claimants as affording an example of the application of these rules, as well as of another rule equally .important. “ What strikes me as decisive against the defence is the entire absence of all documents respecting thfe cargo. Bills of lading, letters 'of advice, or general orders, must have existed. If the. cargo had.been destined for Boston only, there would not have been so much difficulty. ■ But the defence shows its destination ultimately for Liverpool. Where,then, is the contract of affreightment, the bills of lading, the let-. ■ ters of advice, and the correspondence of the shippers, or of Mr. P. Grant? Can it be credible that; without any authority, the master,, or part owner of the ship should, on their own responsibility, have gone to Liverpool, without orders or consignment ? That from a meré vagué knowledge .of the wishes of the shippers, they should place at, imminent risk the whole property, without written authority to colour their proceedings? There .must have been papers. They are not produced. The-affidavits of' the shippers, of Mr. Grant, of the • consignees ih, England, aré not produced. What must be the conclusion from this general si-' lence? It must be, that if produced, they would not support the asserted defenc-. At least, such is tie judgment that both the common lgw and the admiralty law pronounces in cases of suppression of evidence,”