United States vs. Schooner Emperor

United States vs. Schooner Emperor

Lower Court

  • United States Supreme Court

Date

  • 1839

Box

  • 476

Folder

  • 864

Transcript

Said Attorney in the name and behalf of the United States aforesaid, doth over and in fact say that Robert Mitchell, esq. Collector of the Customs of the US, for the District and port of Pensacola, afterwards to wit, on the 23[rd] day of May in the year of our lord 1837 aforesaid, at the District and Port of Pensacola, in the Western District of Florida, did seize said Schooner Emperor of New Orleans, according to Law as being forfeited as aforesaid, said Schooner Emperor then and there being found, and now holds and detains the same in custody in said district. Charles S. Sibley, Attorney of the US

The following amendments were made to the foregoing Libel by leave of the Court on the trial of this cause to wit.

Amendments of libel filed February 20, 1838

In the 21[st] line page 1 of amended libel in the place and stead of words "with intent to hold the said negroes," to words "to be held" are sorted by leave of the Court on trial also in the line 2b of 1[st] page in place and stead of words "with intent to hold the said negroes" the words "to be held" are inserted by same authority.

In second court of amended Libel page 3 line [?]. In place of words "with intent to hold the said negroes," the words "to held" are inserted. In line 33, page second, in place of words with intent to hold the said negroes the words "to be held" are inserted. The above amendments made by roder of Court upon trial- R. Wellford, Clerk

And on another Day to wit on the 23[rd] day of January 1839, came Thomas Baltzell, proctor for defendant, and filed the following answer to wit:

Court of Appeals, Territory of Florida

To the Honorable the Judges of the Court of Appeals of the Territory of Florida sitting in Admiralty as a court of the US.

Charles G. Cox would respectfully show that at the time of seizure he was master of the Schooner Emperor lately sold under process of this Honorable Court having been seized under a pretended violation of the law of the US in reference to the importation of slaves and in reply to the information herein says that the allegations contained therein are not true, and prays that the same may be dismissed and that the proceeds be decreed to him for the benefit of the owners and those interest.

Thomas Baltzell, Proctor for the Defendant