United States v. Hall & Worth
Supreme Court of the United States
ERROR to the circuit court for the district of Pennsylvania, in an action of debt upon an embargo bond, dated December 29, 1807, the condition of which was, to reland certain goods in some port of-.the. United States, “ the dangers of 4ke seas only excepted.”
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ERROR to the circuit court for the district of Pennsylvania, in an action of debt upon an embargo bond, dated December 29, 1807, the condition of which was, to reland certain goods in some port of-.the. United States, “ the dangers of 4ke seas only excepted.” The vessel on board of which the goods were laden, cleared out and sailed from Philadelphia, for East Portland, in the district of Maine, but, having encountered sávere and tempestuous weather^ her crew disabled in a great degree, she was obliged, in order to escape from the danger of Nantucket Shoals, to change her course, and to…
1Opinion of the Court
Marshall, Ch. J.
delivered the opinion of the court as follows:
This suit was instituted on a bond taken in pursu*175anee of the original embargo act, with a condition that the cargo of the schooner Mary, a sea-letter vessel* should be relanded in the port' of EaBt Portland, or some other port of the United States, “the dangers of the seas-only excepted. ”
Her cargo was not relanded within the United States, but was carried to-Porto Rico and sold. The defendants allege that, they were driven by stress of weather into Porto Rico, where the cargo was landed by order of the government; and they insist…
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