Joseph Story

Name: The Luminary L'Amoureaux — Opinion of the Court
Author: Joseph Story

The Luminary L'Amoureaux — Opinion of the Court

Summary

“The Luminary L'Amoureaux — Opinion of the Court”, is a work by Joseph Story. It explores elements such as Desmoland, L'Amoureaux and Cayenne.

Quotes from The Luminary L'Amoureaux — Opinion of the Court (Joseph Story)

Joseph Story, The Luminary L'Amoureaux — Opinion of the Court

“ Desmoland, or Mr. L'Amoureaux, have for this disguise? If no adequate motive could be assigned, it would make it more difficult to account for the extraordinary posture of the case. But as human motives are often inscrutable, the inadequacy of any apparent cause ought not to outweight very strong circumstantial evidence of a transfer. For if the facts are such, that they cannot be accounted for rationally, except upon the supposition of a sale, there would be equal difficulties in rejecting the inference of that fact. But Mr. Desmoland may have had many motives to conceal the purchase. ”

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Source: Wikisource

Joseph Story, The Luminary L'Amoureaux — Opinion of the Court

“ Smith, whose testimony I see no just ground for impeaching, expressly swears, that the freight of this outward voyage was paid at Baltimore, to King, the American owner. Why he should receive, and Desmoland pay, the freight of this voyage, after she became the property of the latter, it is difficult to discover. Nor is it less difficult to imagine what purpose it would have answered for her to retain her original character on a voyage to Cayenne, upon the supposition that she had become the property of a Frenchman. Nothing but heavy duties and alien disabilities could have resulted from it. ”

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Source: Wikisource

Joseph Story, The Luminary L'Amoureaux — Opinion of the Court

“ In order, then, to maintain this forfeiture, it became indispensable that these individuals, or at least one of them, should have been made out in evidence to be an alien. No such fact is proved; and this alone is fatal to the purposes of this libel. Both facts, that of being an alien, and that of using the American register, must concur, in order to make out the offence. ”

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Source: Wikisource

Joseph Story, The Luminary L'Amoureaux — Opinion of the Court

“ If they would not prove the justice of the suspicions, which the uncommon circumstances of the case necessarily excite, it seems incredible that they should be suppressed. The suppression, therefore, justifies the Court in saying, that the United States have made out a prima facie case, and that the burthen of proof to rebut it, rests on the claimant. ”

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Source: Wikisource

Joseph Story, The Luminary L'Amoureaux — Opinion of the Court

“ It is not pretended, that the evidence in this case makes out any specific offence against this vessel. A number of circumstances are collected into one view, which, as the Court do not understand, they consider as sanctioning an inference of guilt, and making out a cause of forfeiture. After giving to these circumstances the utmost weight that can be required, they can be made to amount to no more than the groundwork of a conclusion, that the vessel had been sold to Desmoland at Baltimore, or L'Amoureaux at Cayenne, and had afterwards sailed under her original American register. ”

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Source: Wikisource

Joseph Story, The Luminary L'Amoureaux — Opinion of the Court

“ If a contract of sale did take place in Baltimore, the vessel deliverable in Cayenne, this was no offence against the registering act; the American citizen was entitled to use the American character to facilitate the sale, or enhance the price of his vessel, by a contract to deliver her at a particular port. ”

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Source: Wikisource

Joseph Story, The Luminary L'Amoureaux — Opinion of the Court

“ It is obvious that King expected to sell the vessel in Cayenne, and to separate her thus from the American marine. There was, therefore, no order taken for effecting that formal transfer which was necessary, under our laws, for the purpose of perpetuating her American character. I see no reason why we should not rather suppose these men ignorant than fraudulent. They were imposing upon no one; and if the collector could be induced to issue a new register, upon Smith's bill of sale, it was all that L'Amoureaux stood in need of ”

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Source: Wikisource

Joseph Story, The Luminary L'Amoureaux — Opinion of the Court

“ It will be observed, that there is no evidence whatever in the record, relative to the national character of these individuals; or, if any, it goes to show that L'Amoureaux was an American citizen. Now it is certain, that they must come within the description of citizens or aliens. But if citizens, the offence of owning a vessel, and not changing her register, is no cause of forfeiture ”

Joseph Story

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