Bas v. Steele
United States Circuit Court
At law. This action was brought to October sessions, 1S13, to recover damages from the defendant, [John Steele,] who was collector of the port of Philadelphia, for refusing a clearance to a Spanish vessel, owned by [Joseph Bas and Escardo] the plaintiffs, who were merchants residing at Havana.
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At law. This action was brought to October sessions, 1S13, to recover damages from the defendant, [John Steele,] who was collector of the port of Philadelphia, for refusing a clearance to a Spanish vessel, owned by [Joseph Bas and Escardo] the plaintiffs, who were merchants residing at Havana. The vessel, called Les Dos Amigos, having on board a cargo of sugars, arrived at Philadelphia, early in Márch, 1813, consigned to Escardo, one of the plaintiffs, who came in her as a passenger. Soon afterwards the blockade of the Delaware, by the British, took place; and the Dos Amigos was detained. The…
1Opinion of the Court
WASHINGTON, Circuit Justice.
With respect to the objections on account of the inspection laws, the answer of tlje plaintiffs’ counsel is sufficient. The act of congress does not require the collector to interfere, unless it appears that he is called on so to do by some state law. As to the ownership of - the vessel and cargo, it is a sufficient answer to this motion, that some evidence has beeh given, which may, in the opinion of the jury, be sufficient td prove this fact; and the rule of this court, and of every court is, that where such evidence is given, the court will not take the cause…
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