Relf v. The Maria
District Court, D. Pennsylvania
The question principally turned on the case of Relf, the owners having settled with the whole, or greater part of the crew, the complainant Relf excepted. It appears that the ship had been armed, in the port of Philadelphia, with twelve guns; before congress had passed any law on the subject. • There were on board five officers, and forty-two men.
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The question principally turned on the case of Relf, the owners having settled with the whole, or greater part of the crew, the complainant Relf excepted. It appears that the ship had been armed, in the port of Philadelphia, with twelve guns; before congress had passed any law on the subject. • There were on board five officers, and forty-two men. The shipping articles were lost; but it appeared in testimony, that the vessel was cleared out for the West Indies, generally; and the voyage was originally intended to be for St. Domingo, and back to Philadelphia. In February last, one of the crew,…
1Opinion of the Court
BY THE COURT.
Many observations have been made not applicable to tbe true point of this case. I will not determine, in this indirect way, any thing respecting the voyage in which this vessel was engaged, as to its lawfulness or impropriety: nor will I decide how far the crew were bound to obey any orders, which' might have been given for defence, against attacks by belligerent cruizers. They had no right to suppose, or anticipate, that such orders would be given. When such questions come directly before me, and I find it necessary to decide them, I will meet and determine them, without…
2Cited by2 opinions
- Brown v. LullU.S. Circuit Court for the District of Massachusetts · 1836
- Gabrielson v. . WaydellNew York Court of Appeals · 1892