Henry Brockholst Livingston

“ When an act takes place, which an itself, and unexplained, is a violation of law, and the inducements to such infraction are great, it will not be thought unreasonable in a court, to expect from a party who seeks relief against its consequences, the most satisfactory proofs of innocence, especially, as such proof will generally be within his reach. ”

“ The towing of the New-York into port by a pilot boat, is supposed to be a circumstance which must have proceeded from her disabled condition. This does not follow. It may have proceeded from the request of her master; for it can hardly be believed that a vessel that had behaved so well after the gale of the 6th October, and which is not stated to have met with any injury from subsequent causes, should, the moment it was necessary to take a pilot on board, be so ungovernable as to require towing into port. ”

“ To expect an acquittal, in a case involved in so much mystery, it is not too much to say, that the uncommon circumstances attending it should have been explained and accounted for in the most satisfactory manner. ”

“ The vessel herself was libelled for lading a cargo with intent to violate the laws of the United States; but the cargo in this case is libelled as forfeited, for having been imported into the city of New-York contrary to law. The intent with which it was laden on board becomes immaterial as to the cargo, except so far as it might operate to cast a shade of suspicion over the act of coming into port. The defence set up is, that the ship sailed with the alternative destination to go into New-York if legal, and if not, to bear away for Amelia Island. ”

“ That a vessel under such circumstances has a right to call off a port for information has been decided in various cases; and it has, also, been decided, and is not now questioned, that if in the prosecution of that voyage, she sustains such damage as renders it unsafe to keep the sea, she might innocently enter the ports of the United States to repair, and resume her voyage. The laws of the United States make provision in such cases for securing the cargo to prevent an evasion of our trade-laws. ”

“ Such accidents happen in every voyage; and the commere of no country could be subject to any regulations, if they might be avodied by the setting up of such trivial accidents as these. It ought also to be very apparent, that the injury, whatever it may be, has not been in any degree produced, as was too often the case, during the restrictive system, by the agency of the master, and some of the crew. Does then the testimony in this case, carry with it that full conviction of the vis major which ought to be made out to avoid the effects of an illicit importation? ”

“ The alleged opposition of the crew to wait for further orders, and their threats to come up in the pilot-boat, have not been overlooked. This allegation depends altogether on the credit due to the master, and is a circumstance not very probable in itself. No pilot, in the then condition of the New-York, could have been so ignorant, and so regardless of his duty, as to take from her, without the master's consent, any part, much less the whole, of her crew. ”

“ In doing this, he satisfies himself with the examination of the master; who states, that he had orders from his owner, not to take on board at Jamaica any West India produce for the United States. What is become of these orders? Does a master sail on a foreign voyage with verbal instructions only? This is not the common course of business. Instructions to a master of a vessel are generally in writing; and for the owners greater security, there is always left with him, a copy certified or acknowledged by the former. ”

“ The claimant has first endeavoured to clear the transaction of all illegality in its inception, and thinks he has offered testimony sufficient to satisfy the court that there was no intention at the time of loading at Jamaica, to import the cargo into the United States. ”

“ If you are within three leagues of the land you are liable to seizure by any armed vessel.'
On the 18th of October, 1811, a survey was made' of the New-York, by the board of wardens, which stated the rudder gone, the stern post and counter plank injured, the oakum worked out, the main cap split and settled, fore-topsailyards sprung, pallpits broken; fore-topsail sheet bill, started and broken. This injury was stated by the master to the wardens to have happened in a gale, in lat. 27°30" N. and long. ”