Henry Brockholst Livingston

“ Samuel and Charles Howard, who are citizens of the United States, were owners of the Rugen and her cargo at the time of her sailing from Savannah, and on her return to the United States. It must ever be a painful task to investigate testimony where a result unfavourable to the claimant can only proceed from a conviction that the principal agents in the transaction have acted either fraudulently, or contrary to their known duty as good citizens. ”

“ Buhring appear as a man of property, has not only altogether failed, but has added very considerable weight to the suggestion of the captors, that he was a young man totally destitute of the means of purchasing and paying for the property which, it is now alleged, belonged to him. ”

“ But this examination is unnecessary; for the owners, being American citizens, are equally guilty of trading with the enemy, whether that trade were carried on between a British port and the United States, or between such port and any foreign nation; and in the present case, if the court be correct in the view which it has taken of the evidence, the offence of trading with the enemy was complete the moment the Rugen sailed from Savannah with an intention to carry her cargo to Kingston, in Jamaica. ”