Page:United States Reports, Volume 1.djvu/108

Rh 

1784.

the Drblin cutter, fitted out full of men of war's men. While thefe examinations were made, the two other brigs chafed the Argo, under all fail, upon which Captain Talbot, concluding they muft have been Britiʃh cruifers, made fail before the wind, and foon left them. The commanders of the three brigs took the prize-mafter and hands out of the Betʃey, who were carred to  Spain,  except one or two of the leaft confiderable, and alfo took out of her two cannon, fmall arms, powder, ball, two coils of cordage, and fome other articles. They then put a perfon on board her as prize-mafter, and men from each of the brigs, with written orders, dated the 7th of September 1779, and figned by them, directing him to ‘‘ take charge of her as prize to the brigs , Patty  and Hibernia; carry her into Delaware, Cheʃapezk, Egg-harbour  or Bofton,  but to get her if poffible into Delaware,  Cheʃapezk,  or Egg-Harbour,  for tear of the ftoop Argo  failing in with her, begging him to ftand to the fouthward that night,  and ftrive hard for Philadelphia.   Thefe orders were figned on board the brig, the commander of which had directed the examinations before mentioned on board the Beʃtey.  The Beʃtey  failed off clofe by the wind to the Southward was afterward, was afterwards retaken, carried into New-York,  and reftored to the former owners. On the 17th of September,1779 Congrefs refolved, ‘‘ that in confideration of he diftinguifhed merit of Colonel Silas  Talbot,  a commiffion of Captain in the navy by given him, and that the marine committee be directed to provide a proper veffel for him as foon as poffible.’’  On the firʃt of  March, 1780, Congrefs refolved, ‘‘ that any intereft The United States may have in the capture of the Betʃey  by the floop Argo,  Captain Silas Talbot,  be relinquifhed to the faid Captain, and the officers, feamen, and marines, under his command at the time of the capture.’’  On the 13th of March,  1780, Captain Talbot,  quitam, &c. filed his bill in the Court of Admiralty for this State, againft the three brigs, their owners and commanders. Procefs accordingly. On the 27th the owners came feverally before the Court, and entered into ftipulations for the performance of the decree. Auguʃt 29th, a Plea to the jurifdiction filed, ‘‘ for that in cafes of damages to be affeffed or recovered to make fatisfaction for a wrong or trefpafs to perfon or property, the profecutions ought to be in Courts of Common Law.’’ Replication, ‘‘ that the caufe of action was within the jurifdiction of the Admiralty.’’ Plea difmiffed, Reʃpondeant Ouʃter   awarded, and plea of ''Not Guilty filed. July'' 19th, 1783, decree, that the Libellants have and recover of the Refpondents appeal.

The caufe was ably argued of feveral days, and now, at an adjourned feffions, held the 14th of January 1785, the PRESIDENT delivered the refolution of the Court.


 * — There are two principal queftions concerning jurifdiction in this caufe. Rh