Legal Opinion

United States v. Smith

U.S. Circuit Court for the District of Connecticut

Decided September 15, 1809PublishedCited by 11 opinions

THIS was an action of debt to recover double the value of the interest which the defendant had in certain slaves, transported in the brig Heroine, whereof the defendant was sole owner and master, from .Africa to Ha-■vanna, and there sold, by the direction of the defendant, and for his benefit, contrary to the provisions of the act of congress of May 10, 1800.(b) The action was commenced March 31,1808. The transportation and sale of the slaves were thus alleged in the…

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THIS was an action of debt to recover double the value of the interest which the defendant had in certain slaves, transported in the brig Heroine, whereof the defendant was sole owner and master, from .Africa to Ha-■vanna, and there sold, by the direction of the defendant, and for his benefit, contrary to the provisions of the act of congress of May 10, 1800.(b) The action was commenced March 31,1808. The transportation and sale of the slaves were thus alleged in the declaration: “ That while yessej remained of! ⅜¾⅛ epajftof -Africa, to wit, after the'first day of December, 1805, and before…

1Opinion of the CourtEdwards, J.

That is inhere the witness does not object. But here the witness does object.

The District-Attorney observed further, that the witness came here voluntarily, and agreed to testify. He ought not now to surprise us by refusing to testify. It Would be hard on the part of the United States, if he were permitted to conduct in this manner.

Edwards, J. That is of no consequence. The only question is, whether he can be compelled to testify to what may implicate himself, because two years have elapsed since the transaction.

The District-Attorney then insisted, that the lapse of two years after the…

2Cases cited1 opinion

  1. Adams v. WoodsSupreme Court of the United States · 1805

3Cited by11 opinions

  1. Brown v. WalkerSupreme Court of the United States · 1896
  2. Streep v. United StatesSupreme Court of the United States · 1895
  3. Malloy v. HoganSupreme Court of Connecticut · 1963
  4. Simpson v. BrooksSupreme Court of Arkansas · 1945
  5. Western Union Telegraph Co. v. CollinsSupreme Court of Kansas · 1890

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