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Ramsay Vs. Allegree

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  • US Supreme Court
  • Jan 01, 1827

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  1. U.S. 611 (1827) U.S. Supreme Court Ramsay v. Allegree
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  2. U.S. 611 (1827) Ramsay v. Allegree
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  3. For if anyone will take the trouble to refer to the language of Ch.J. Holt in the case of Clay v. Snelgrave
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  4. the authority for the law there laid down. This subject will be found learnedly examined in the cases of Clinton v. brig
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  5. of Pennsylvania in the year 1781, and by judge Bee in the admiralty of South Carolina in the case of Shrewsbury v. Sloop
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  6. of those who had preceded them. Thus, to prove that charter parties were without their jurisdiction, he cites Hare v. Unton
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  7. which he cites and comments upon. The authorities he cites fully bear him out in his doctrine. They are chiefly Hoare v. Clement
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  8. Justen v. Ballam
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  9. Lord Raym. 805. Watkinson v. Barnardiston
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  10. and all assigning the universal reason that they have the common law courts open to them. See also Bushnel v. Suel
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  11. in 17th Geo. III, Lord Mansfield is reported to have said, in the case of Rich v. Coe
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  12. Page 25 U. S. 625 nine years after, he is reported to have repeated the same dictum in the case of Farmer v. Davis
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  13. to the points decided. But in opposition to this we have the expression of Lord Kenyon in the case of Westerdell v. Dale
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  14. the contrary doctrine. Indeed, when we refer to the language of Lord Mansfield himself in the case of Welkins v. Carmichael
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  15. which occurred only two years after Rich v. Coe
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  16. done, and materials found by Page 25 U. S. 626 him while the ship is in a port of the United States. Stevens v. Ship
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  17. Sandwich, 1 Peters 233, note. The same opinion was given by Peters, Justice, in Pennsylvania in Gardner v. Ship
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  18. and for which he might also have plead the high authority of the case of Watkinson v. Barnardiston
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  19. from the admiralty. P. 260. In the edition of Abbott, which I have quoted, in a note upon the case of Hoare v. Clement
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  20. In Johnson v. Shippen
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  21. common law, and a prohibition was granted as to the suit against the owners, but refused as to the vessel. In Bull v. Trelawney
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  22. In the case of Ousten v. Hebden
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  23. doctrine, but which upon examination will be found consistent with the general principle. The case of Manro v. Almeida
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  24. the supposed contempt in withdrawing the res subjecta from the process in rem. This was the case of Smart v. Wolf
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  25. of captor, against whom, if the goods are not returned on monition, the court proceeds as on contempt. In Manro v. Almeida
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  26. seized by Almeida on the ocean as prize. A case very similar to this is to be found in a note to the case of Smart v. Wolf
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  27. to the admiralty either in rem or personam. 2 Brown 196-197 and 4 East. 319. The case of Menetone v. Gibbons
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  28. in showing expressly that it extends to a foreign as well as a domestic ship. In section 10, the author cites Justin v. Ballam
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  29. on a right arbitrarily to adopt it here. Mr. Winder quotes Judge Winchester's decision and the case of De Lovio v. Boit
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  30. to the amount of their wages. Let the cases be searched from the remotest period down to the time of Menetone v. Gibbons
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  31. its support. The authorities cited are Abbott on Shipp., pt. 2. ch. 3. s. 9-1S. & R. the cases there cited. Woodruff v. Levi
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  32. U.S. Supreme Court Ramsay v. Allegree
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  33. of Clay v. Snelgrave
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  34. of Clinton v. brig
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  35. of Shrewsbury v. Sloop
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  36. Hare v. Unton
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  37. Hoare v. Clement
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  38. Watkinson v. Barnardiston
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  39. Bushnel v. Suel
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  40. of Rich v. Coe
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  41. of Farmer v. Davis
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  42. of Westerdell v. Dale
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  43. of Welkins v. Carmichael
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  44. Rich v. Coe
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  45. of the United States. Stevens v. Ship
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  46. Gardner v. Ship
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  47. of Watkinson v. Barnardiston
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  48. of Hoare v. Clement
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  49. In Bull v. Trelawney
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  50. of Ousten v. Hebden
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