Page:United States Reports, Volume 2.djvu/47

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HIS case now came before the Court, on a petition, that the appeal should be sustained: but, , and , Commissioners, rejected the application in the following terms.

. In this case, the Judgment of the Court will be determined by the construction the resolution of Congress, of June, 1786.

Congress having established a system of appeals, and in that system having limited a period, beyond which appeals are not to be entered, we think the resolution of June, 1786, could only mean, that, in conformity with this prior establishment, the Judges might use a discretionary power, where particular circumstances, consistent with justice and right, may in their opinion require it.

Whatever decree the Court might have made upon the merits of the cause, and although the property may have been illegally condemned in the maritime Courts; yet under all the circumstances of the present case, we are unanimously of opinion, that justice and right do not require, that the appeal should now be sustained. Petition dismissed.

 PETITION for sustaining an appeal, with testimony in support of the allegations contained in the petition, being filed, a rule was granted to shew cause, why the appeal should not be sustained. The case was argued, on the 1st of May, and on the 3rd of May,, and , the presiding Commissioners, delivered the decision of the Court:

Having considered the evidence, and arguments adduced by the Counsel for the petitioners, and respondents, we are of opinion, that there is not sufficient cause to admit the appeal of the petitioners, from the decree of the Court of Admiralty, in the State of South Carolina, condemning the Sloop Chester, her Apparel, and Cargo. If the appeal should