John Marshall

“ There is no lien on one cargo for freight which may accrue on another. The Court can perceive no principle on which a cargo to be delivered freight free can be burthened with the freight agreed to be paid on a cargo to be afterwards taken on board. In this case, too, no sum in gross is to be paid for freight, but a sum depending on the quantity and quality of the return cargo. As between the captor and neutral owner, the Court cannot consider this as one entire voyage, but as distinct outward and inward voyages. ”

“ If the claim to freight on the return voyage, not commenced at the time of capture, cannot be sustained, the Court perceives no other rule which could have been adopted than that which the district Court did adopt. Freight has been allowed on the whole voyage to Amelia island as so a quantum meruit.
The captors not having appealed, no question can arise on the propriety of having allowed the ship any freight whatever. The Court, however, will say that it is satisfied with the allowance which is made, and which is certainly an equitable one. ”