William Maley v. Jared Shattuck

• Decision Date: 01 February 1806
• Citation: 3 Cranch 458,2 L.Ed. 498,7 U.S. 458
• Parties: WILLIAM MALEY v. JARED SHATTUCK
• Court: U.S. Supreme Court

7 U.S. 458

3 Cranch 458

2 L.Ed. 498

WILLIAM MALEY v. JARED SHATTUCK.

February Term, 1806

ON the 20th of August, 1804, Jared Shattuck exhibited his libel in the district court of the United States, for the district of Pennsylvania, in the following form:¹

To the honourable Richard Peters, Esq. judge of the district court of the United States, in and for the district of Pennsylvania.

The libel of Jared Shattuck, merchant, most respectfully sheweth,

That your libellant, being a subject of his majesty, the king of Denmark, sometime in or about the beginning of the month of May, in the year of our Lord 1800, at St. Thomas, one of his said majesty's West-India islands, loaded a certain schooner or vessel called the Mercator, being an unarmed merchantman, fitted out at St. Thomas aforesaid, for trade only, and being then and there bona fide the property of your libellant, with a cargo of merchandise, consisting of provisions, wines, and dry goods, for the sole and bona fide account of your libellant, said cargo amounting to 13,920 dollars, or thereabouts, on a voyage to Jacmel and Port-Republican, in the island of St. Damingo, which he consigned to Toussaint Lucas, also a Danish subject, then and there master of the said schooner Mercator, who was instructed by your libellant to dispose of the said cargo at Jacmel or Port-Republican aforesaid, to the best advantage, for account of your libellant, invest the proceeds in coffee of good quality, and return therewith to the said island of St. Thomas. And your libellant further saith, that on or about the 6th day of the said month of May, the said Toussaint Lucas sailed in the said schooner from the said island of St. Thomas, upon the said voyage for Jacmel and Port-Republican, having on board the said cargo, and also a private adventure belonging to the said Toussaint Lucas, together with all such necessary papers and documents, for ascertaining the property and neutrality of the said vessel and her cargo, as are usually carried by vessels belonging to Danish subjects; and proceeded on his said voyage until on or about the 14th day of the said month of May, when, in endeavouring to enter the said port of Jacmel, the said schooner Mercator was met with by a certain schooner, called the Experiment, a public armed vessel belonging to the government of the United States of America, and commanded by William Maley, a lieutenant in the navy of the said United States, who unlawfully, and in violation of the law of nations, took possession of the said schooner Mercator, and put

on board of her a prize-master, and four seamen, who carried the said schooner Mercator, and her cargo, to places unknown to your libellant. And so it is, may it please your honour, that neither the said William Maley, nor any person or persons acting under him, have brought the said schooner Mercator, or her cargo, to legal adjudication in any court of the United States, having admiralty jurisdiction.

To the end, therefore, that complete justice may be done to your libellant in the premises, may it please your honour to direct a monition to issue out of this honourable court, directed to said William Maley, Esq. commanding him forthwith to proceed in due form in this honourable court, against the said schooner Mercator, and her cargo, in order to obtain a legal adjudication of the same in due course of admiralty proceedings, or in default thereof, to appear before your honour, at such time and place as to your honour shall seem fit, to answer your libellant in the premises, and show cause why, by the said honourable court's final sentence and decree, he shall not be adjudged to make restitution in value, and pay to your libellant the whole amount of his loss aforesaid, with full damages and costs, and that such further justice may be done to your libellant in the premises, as to this honourable court shall ever seem meet, and your libellant shall ever pray, &c.

PETER S. DUPONCEAU, for libellant.

To this libel, Maley appeared,² and filed the protest following:

To the honourable Richard Peters, Esq. judge of the district court of the United States, in and for the district of Pennsylvania.

The protest of William Maley, Esq. late commander of the schooner Experiment, a public armed vessel of the United States of America, appearing here in court, to avoid all and all manner of contempt, contumacy and

default, under this his protest, against the libel filed by Jared Shattuck, merchant.

This protestant, saving and reserving to himself all, and all manner of exception to the manifest uncertainties, imperfections and insufficiencies, in the said libel contained, and protesting that he ought not, in any wise, to be required to appear thereto, or to proceed against the schooner Mercator, and her cargo, as is therein prayed, nevertheless, for the reasons aforesaid, and as cause why the said libel should be dismissed without further appearance or answer, avers, propounds and says,

That true it is, that the said protestant, while commanding the said schooner Experiment, a public armed vessel of the United States of America, under a lawful commission and authority from the government of the said United States of America, did on or about the 15th day of May, 1800, meet on the high seas, and take possession of the said schooner called the Mercator, in the said libel mentioned, and put on board an officer and four seamen. But this protestant denies, that by so doing, he acted unlawfully and in violation of the law of nations; for he avers, propounds, and says, that since the passing of the act of the said United States of America, entitled, 'an act further to suspend the commercial intercourse between the United States and France, and the dependencies thereof,' and before the said 15th day of May, 1800, that is to say, on the day of in the year 1799, the said schooner, called the Mercator, being an American registered vessel, owned, hired and employed by a person or persons resident within the said United States, or by citizens thereof, resident elsewhere, sailed and departed from the port of Baltimore, within the said United States, and at the time of her being met and taken possession of by this protestant as aforesaid, and before her return within the said United States, was proceeding directly, or from some intermediate port or place, to Jacmel, a port or place within the island of St. Domingo, within the territory or dependencies of the French republic. And this protestant further avers, propounds and says, that at the time of his meeting and taking possession of the said schooner Mercator as aforesaid, she was steering a direct course for the said port of Jacmel, and not for Port-au-Prince, whereas, the letter of instructions

from the said Jared Shattuck, the libellant, and all the other papers exhibited to this protestant, by Toussaint Lucas, the master of the said schooner Mercator, or found on board thereof, falsely, fraudulenly, and colourably, represented and declared, among other things, that the said schooner was bound on a voyage from the island of St. Thomas to Port-au-Prince, a place then in the power and possession of the British troops, and not within the territory or dependencies of the French republic. And this protestant further avers, propounds and says, that at the time of his meeting and taking possession of the said schooner Mercator as aforesaid, the master thereof appeared to be a Frenchman (although this protestant has since heard, but does not admit, that he is an Italian) and the crew consisted chiefly of Portuguese and Italians, nor was there then, nor at any time before or since, exhibited to this protestant, any burgher's brief or briefs, or other evidence whatsoever, that the said master, or crew, or any part thereof, had become burghers of the said island of St. Thomas, or were otherwise naturalized subjects of the king of Denmark, without which this protestant avers, that the said master and crew could not lawfully command and navigate a Danish vessel, according to the laws and usages of Denmark. And this protestant further avers, propounds, and says, that the said Jared Shattuck, the libellant, alleging himself to be the owner of the said schooner Mercator and her cargo, and to be a burgher of the island of St. Thomas, (neither of which allegations is admitted by this protestant) was born in the state of Connecticut, one of the United States aforesaid, nor did it satisfactorily appear to this protestant, (considering the many other proofs and causes of suspicion to the contrary) at the time of his meeting and taking possession of the said schooner Mercator, as aforesaid, nor has it so appeared at any time since, that the said Jared Shattuck, the libellant, had, by any lawful act of expatriation, or otherwise, at any time, become a subject or citizen of any other government or nation, and ceased to be a citizen of the said United States, owing fidelity and allegiance thereunto; but admitting it to be true, that the said Jared Shattuck, the libellant, was an inhabitant of the said island of St. Thomas, this protestant did then, and does still, verily believe, that the said Jared Shattuck had repaired to the

said island of St. Thomas, or remained there, for the purpose of carrying on an illicit and clandestine commerce with ports and places within the territory and dependencies of the French republic, during the hostilities which were then waged between the United States and the French republic, and also between the king of Great Britain and the said French republic. And this protestant further avers, propounds, and says, that believing, from all the appearances, circumstances, and reasonable and just causes of suspicion, herein before averred and propounded, touching the original American character of the said schooner Mercator, the voyage on which she was actually proceeding, the false destination declared and represented in the said letter of...