Page:United States Reports, Volume 1.djvu/191

 

HIGH COURT of ERRORS and

APPEALS of Pennʃylvania :

September Seffions, 1786.

HIS was an Appeal from the Court of Admiralty. It was argued on the 7th and 8th of July by Lewis. Wilcocks, and Segreant  for the Appelants ; and by Bradƒord, Ingerʃol,  and Wilʃon for the Refpondent. The Court held the matter for fometime under advifement, in hopes that a compromife would have taken place between the parties ; but on the 27th of September THE CHIEF JUSTICE, delivered the following judgment.

M‘KEAN, Chieƒ Juʃtice.– I will ftate the cafe as it appear before the Court from the proceedings, and the evidence, which are not controverted on either fide ; and fhall then taken notice of thofe points which have been difputed.

The Appellants on the 28th day of Auguʃt 1779, were owners of a Brigantine, called the Hibernia, then riding at anchor in the port of Philadelphia, and appointed the Refpondent mafter and commander, on a voyage from thence to Oratavia in the ifland of Tenefiƒƒe having a commiffion as a Letter of Mart and Reprifal. The owners, in the failing orders then delivered to the Refpondent, (among other things) ‘‘ advifed him to keep company with the armed veffels bond to the Eaftward as far  as he ʃhould think it prudent ; and that fhould they agree to cruize two or three weeks on the coaft, he had their approbation in joining with them.’’ The Refpondent failed on his intended voyage, and in the river Delaware joined the