Patton v. Nicholson/Opinion of the Court

ERROR to the circuit court of the district of Columbia for the county of Alexandria.

The plaintiff in error declared in assumpsit for that the defendant, &c. was indebted to the plaintiff in the sum of 750 dollars for a certain document or paper called a Sawyer's License by the plaintiff, &c. sold and delivered to the defendant, &c. and being so indebted, the defendant, &c. afterwards, &c. promised, &c. Plea non-assumpsit. Evidence was offered to the jury to show that both parties were citizens of the United States, and that the license in question was sold by the plaintiff to the defendant in Alexandria, to be used for the protection of the schooner Brothers, an American vessel, during the late war, against enemy's vessels, on a voyage from Alexandria to St. Bartholomews, to be cleared out for Porto Rico. The license was as follows:

'Copy of a letter from his Excellency H. Sawyer, his Britanic Majesty's Vice-Admiral on the Halifax station, to his Excellency the Chevalier de Onis, his Catholic Majesty's envoy extraordinary, and minister plenipotentiary near the United States of America.

His Majesty's Ship Centurion at Halifax, the 10th of August, 1812.

Excellent Sir,

I have the honour to acknowledge the receipt of your excellency's letter of the 26th ultimo, and have fully considered the subject of it, as being of the greatest importance to the best interests of Great Britain, and those of his Catholic Majesty, Ferdinand VII. and his faithful subjects; and in reply, I have great satisfaction in informing your excellency that I will give directions to the commanders of his Majesty's squadron on this station not to molest American vessels, or others under neutral flags, unarmed and laden with flour and other dry provisions, bona fide bound to Portuguese and Spanish ports, whose papers shall be accompanied with a certified copy of this letter from your excellency, with your seal affixed or imprinted thereon, which I doubt not will be respected by all.

I beg leave to assure your excellency of the high consideration with which I have the honour to be your excellency's most obedient humble servant,

(Signed) H. SAWYER,

Vice-Admiral.

His Excellency,

Don Luis de Onis Gonzalez Lopez y Vara, his Catholic Majesty's Envoy Extraordinary, and Minister Plenipotentiary to the United States, &c. &c. &c.

Philadelphia.'

The court below upon this evidence, charged the jury, that on the evidence so offered, if believed by the jury, they ought to find a verdict for the defendant. To which charge the plaintiff excepted. A verdict was taken, and judgment rendered for the defendant; where upon the cause was brought to this court by writ of error.

Mr. Swann, for the plaintiff, cited Coolidge v. Inglee, 13 ''Mass. Rep.'' 26. to show that an action might be maintained upon the sale of such a license.

Mr. Lee, on the other side, was stopped by the court.

Mr. Chief Justice MARSHALL delivered the opinion of the court, that the use of a license or pass from the enemy, by a citizen, being unlawful, one citizen had no right to purchase of, or sell to, another, such a license or pass to be used on board an American vessel.