APPEAL from the sentence of the Circuit Court for the district of Georgia, affirming the decree of the district Court which allowed freight pro rata itineris, to the Swedish ship Societe, captured on her outward voyage from England to Amelia Island, with a British cargo on board, which was condemned as prize of war.
By the charter-party, the outward cargo to Amelia Island was to be carried freight free, and the homeward cargo was to pay at the rate of three pence halfpenny a pound for cotton, and in the same proportion for other goods.
PINKNEY & JONES, for the ship owner,
Contended, that the freight ought to have been given according to the charter-party, and not to be ascertained by assessors as ordered in the Cort below.
SWANN, stated that he wished to interpose a claim to the cargo of the ship Societe, in behalf of the officers and crews of the United States' brig Rattlesnake and Enterprize as having been concerned in her capture; and was not certain whether this Court would now receive the claim, or whether it should be presented to the Court below.
THE COURT, said that it must be laid before the Circuit Court.
March 6th. Absent. TODD, J.
MARSHALL, Ch. J. delivered the opinion of the Court as follows:
William Little, a naturalized citizen of the United States, entered into a charter-party with Magnus Martinson, master of the Swedish ship, called the Societe, at London, on the 10th day of November, 1813, whereby the said Martinson let, and the said Little took the said ship to freight for the voyage and on the terms mentioned in the charter-party.
It was agreed, among other things, that the vessel should take on board a cargo, prepared for her in the Thames, and deliver it at Amelia Island, freight free. At Amelia Islend she was to take on board such return cargo as might be tendered to her. If she could not be loaded there, she was to proceed to such port in the United State as the agent of Little should direct, and tere receive her cargo. There were other provisional stipulations, and it was agreed that the freight on the return cargo should be a sum specified in the charter-party, which exceeded what would have been paid as freight on the return cargo alone had it been totally unconnected with the outward voyage.
On her voyage to Amelia Island, the Societe was captured by an armed vessel of the United States, and brought into the district of Georgia, where the cargo was libelled and condemned as enemy property.
A claim for freight was interposed by the master of the Societe, and the district judge appointed commissioners to ascertain the value of the freight on the voyage to Amelia Island, and decreed freight conformably to their report.
The Claimant of the cargo and the master of the ship both appealed to the Circuit Court, where the sentence of the district judge was, in all things, affirmed. From that sentence an appeal was prayed to this Court.
The cases already decided in this Court on the questions of domicil and trading with the enemy having completely settled this case, so far as repected the claim to the cargo, that part ...