John McLean

“ Admitting the facts which have been stated, as creating suspicion, are they conclusive? It appears that the vessel was purchased by the order of Steever, and that she was despatched to the Havana, subject to his order. That he made the first payment of 1100 dollars, and that he constituted Carrera his agent to control the vessel, in every respect, as if she were his own, in the absence of Steever. ”

“ They may be considered as a part of the record, and as presenting all the facts which they contain, in connection with the other facts in the case, for the consideration of the court. And if on this broad view of the merits, the prosecution shall not be sustained, it will become wholly unnecessary to determine any question as to the admissibility of evidence. ”

“ Letter numbered 3, is dated Havana, 12th May 1832, in which Carrera says, 'Your letters of the 13th and 23d April last have been received, and am sorry to hear of the damage the Burdett has experienced in a tremendous gale of wind near the Bermudas. The certificate of survey, as well as the estimate of repairs to be made on the Burdett, has been received: the amount of repairs is enormous, but we must conform to it, if there should be no other remedy. ”

“ The appellants, by the attorney of the United States, filed in the district court of Maryland, an information on the lst of October 1832, for the purpose of enforcing a forfeiture of the Brig Burdett, her tackle, apparel and furniture, to the use of the United States; on the ground, that the brig, though registered as a vessel of the United States, was then, and still is, owned in whole or in part, by a subject of a foreign prince, viz. by a certain J. J. Carrera or a certain J. Carrera, a subject of the king of Spain, and resident abroad ”