United States v. The William & Samuel

D. Pennsylvania

United States v. The William & Samuel

28 F. Cas. 624, 1808 U.S. Dist. LEXIS 6

DecidedSeptember 9, 1808

StatusPublished

This text of 28 F. Cas. 624 (United States v. The William & Samuel) is published on Counsel Stack Legal Research, covering District Court, D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. The William & Samuel, 28 F. Cas. 624, 1808 U.S. Dist. LEXIS 6 (pennsylvaniad 1808).

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Opinion

This was a libel filed by Mr. Dallas, the district attorney, against the schooner William and Samuel [Joseph Lopes, master] and her cargo, captured by Lieutenant Biddle of the navy, for a breach of the laws relating to the embargo. The libel contained a variety of counts; and the vessel was claimed by Jacob Clarkson and Samuel Lowth, the owners; but no claim was filed for any part of the cargo. The claim alleged, that the vessel had been chartered to Joseph Burr; that she had received permission from the president, to proceed from Philadelphia to the Havanna for American property; and that the cargo was put on board, without the privity or approbation of the owners. The vessel, however, clandestinely took in goods, while in the port of Philadelphia, to a value exceeding 5,000 dollars. Samuel Lowth, one of the owners, sailed in her as a passenger, according to the entry in the manifest; and when she was seized by order of Lieutenant Biddle, after she had left the district of Pennsylvania, but still in the river Delaware, her hatches were battened down, &c.

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This was a libel filed by Mr. Dallas, the district attorney, against the schooner William and Samuel [Joseph Lopes, master] and her cargo, captured by Lieutenant Biddle of the navy, for a breach of the laws relating to the embargo. The libel contained a variety of counts; and the vessel was claimed by Jacob Clarkson and Samuel Lowth, the owners; but no claim was filed for any part of the cargo. The claim alleged, that the vessel had been chartered to Joseph Burr; that she had received permission from the president, to proceed from Philadelphia to the Havanna for American property; and that the cargo was put on board, without the privity or approbation of the owners. The vessel, however, clandestinely took in goods, while in the port of Philadelphia, to a value exceeding 5,000 dollars. Samuel Lowth, one of the owners, sailed in her as a passenger, according to the entry in the manifest; and when she was seized by order of Lieutenant Biddle, after she had left the district of Pennsylvania, but still in the river Delaware, her hatches were battened down, &c.

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Bluebook (online)

28 F. Cas. 624, 1808 U.S. Dist. LEXIS 6, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-the-william-samuel-pennsylvaniad-1808.