John Marshall,
The Argo — Opinion of the Court
“ Testimony, by depositions, can be regularly taken for this court only under a commission issuing according to its rules. A practice has hitherto prevailed to take depositions de bene esse in causes pending here, and, as no objection has been made at the bar, it has passed sub silentio. Under such circumstances we cannot say that the United States are in default in taking depositions according to the usual practice. ”
