The Mary
Supreme Court of the United States
Appeal froto the circuit court for the district of Massachusetts. The British schooner Mary, whereof Charles 'Thomas, jr. a British subject, domiciled at St. Johns, New Brunswick, was late owner and master, sailed under convoy from St. Johns,. New Brunswick, bound to Castine, then in the military occupation of the British, laden with a cargo, thé growth, produce, and manufacture of British possessions, shipped by British merchants domiciled, in St. Johns, N. B.'to merchants…
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Appeal froto the circuit court for the district of Massachusetts. The British schooner Mary, whereof Charles 'Thomas, jr. a British subject, domiciled at St. Johns, New Brunswick, was late owner and master, sailed under convoy from St. Johns,. New Brunswick, bound to Castine, then in the military occupation of the British, laden with a cargo, thé growth, produce, and manufacture of British possessions, shipped by British merchants domiciled, in St. Johns, N. B.'to merchants resident in Castine. The schooner Mary was captured by the private armed schooner Cadet, between Duck Island and Mount…
1Opinion of the CourtJustice Johnson
court.
We are of opinion that the facts stated, in this appeal, mane a clear case of. tortious dispossession ori the part of the Paul Jones. The privateer Cadet had, with great gallantry, captured the Mary, and been in possession of her part of á night and day. The prize ivas close in upon the American coast, and making for a port which was open before her. It was not until the superior sailing of. the Paul Jones- made it manifest that the prize must be cut oif from this port, and until she had been repeatedly fired úpon, that the jprize crew abandoned her. There exists not. a pretext in the…
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