to the clerk of the Supreme Court of the United States, and that the same be annexed by the said clerk of the Supreme Court of the United States, to the said writ of error, as a true copy of the said record and bill of exceptions."

of two hundred thousand dollars, then and

the city, county, and ward aforesaid, seized, and took a certain ship or vessel of the said plaintiff of great value, to wit, of the value of two hundred thousand dollars, and in which said ship or vessel the said plaintiff then and Record and Bill of Exceptions. there intended, and was about to carry and City and County of New York, ss. Be it convey certain goods and merchandises, for remembered, that in the term of January, in certain freight and reward, to be therefor paid the year of our Lord one thousand eight hun- to him the said plaintiff; and then and there dred and thirteen, came Goold Hoyt, by Charles carried away the said ship or vessel, and kept Graham, his attorney, into the Supreme Court for a long space of time, to wit, hitherto, and and detained the same from the said plaintiff, of judicature of the people of the state of New converted and disposed thereof to their own York, before the justices of the people of the state of New York, of the Supreme Court of use; and thereby the said plaintiff was hindered judicature of the same people, at the capitol, the said goods and merchandises as aforesaid, and prevented from carrying and conveying in the city of Albany, and impleaded David and thereby lost, and was deprived of [*253 Gelston and Peter A. Schenck, in a certain plea all the profit, benefit, and advantage which 251*] of trespass, *on which the said Goold might and would otherwise have arisen and Hoyt declared against the said David Gelston accrued to him therefrom, to wit, at the city, and Peter A. Schenck in the words following: county, and ward aforesaid, and other wrongs City and County of New York, ss. Goold Hoyt, plaintiff in this suit, complains of David and injuries to the said plaintiff then and there Gelston and Peter A. Schenck, defendants in of New York, and to the great damage of the did, against the peace of the people of the state this suit, in custody, etc: For that, whereas the said defendants, on the tenth day of July, fendants, afterwards, to wit, on the same day said plaintiff. And, also, for that the said dein the year of our Lord one thousand eight hun- and year last aforesaid, at the city, county, and dred and ten, with force and arms, at the city ward aforesaid, with force and arms, seized, of New York, in the county of New York, and and took possession of divers goods and chatat the first ward of the same city, the goods tels of the said plaintiff, then and there found, and chattels of the said plaintiff, of the value and being in the whole of a large value, there found, did take and carry away, and that is to say, a ship or vessel of the said plainother injuries to the said plaintiff, then and tiff, called the American Eagle, together with there did, to the great damage of the said plain-dred tons of stone ballast, one hundred hogsher tackle, apparel, and furniture, five huntiff, and against the peace of the people of the state of New York. And, also, for that the said heads of water, one hundred and thirty barrels defendants, afterwards, to wit, on the same day bread, of the value of two hundred thousand of salted provisions, twenty hogsheads of shipand year last aforesaid, at the city and county, dollars, and staid and continued in possession and ward aforesaid, with force and arms, to wit, of the said goods and chattels, so by them seized with swords, staves, hands, and feet, other goods and taken as aforesaid, and the said goods and chattels of the said plaintiff, to wit, a ship and chattels afterwards took and carried away, or vessel of the said plaintiff, called the Ameri- from and out of the possession of the said can Eagle, together with her tackle, apparel and furniture, five hundred tons of stone ballast, plaintiff; whereby, and by reason, and in conone hundred hogsheads of water, one hundred sequence of such said seizure, and of other the and thirty barrels salted provisions, twenty lost and was deprived of his said goods and premises aforesaid, the said plaintiff not only hogsheads of ship-bread, of the value of two hundred thousand dollars, at the place tages, that could have arisen and accrued to chattels, and of all profits, benefits, and advanaforesaid found, did take and carry away, and other wrongs and injuries to the said plaintiff him from the use, sale, employment, and disthen and there did, to the great damage of the posal thereof, but was also forced and obliged said plaintiff, and against the peace of the peoto, and did actually lay out and expend large 252] ple of the state of New York. And, *also, sums of money, and to be at further trouble for that the said defendants, afterwards, to wit, and expense *in and about endeavoring [*254 on the same day and year, and at the place to obtain restitution of the property so by the aforesaid, the goods and chattels of the said said defendants seized, as aforesaid, and other plaintiff, to wit, a ship or vessel of the said wrongs and injuries to the said plaintiff then plaintiff, called the American Eagle, together and there did, against the peace of the people with her tackle, apparel and furniture, five of the state of New York, and to the damage hundred tons stone ballast, one hundred hogs- of the said plaintiff of two hundred thousand heads of water, one hundred and thirty barrels dollars; and, therefore, he brings suit, etc. salted provisions, and twenty hogsheads of shipbread, of the value of two hundred thousand dollars, then and there being and found, seized, took, carried away, damaged, and spoiled, and converted and disposed thereof; to their own use, and other wrongs to the said plaintiff then and there did, to the great damage of the said plaintiff, and against the peace of the said people of the state of New York. And, also, for that the said defendants, on the same day and year aforesaid, with force and arms, to wit, with swords, staves, hands, and feet, to wit, at

And the said David Gelston and Peter A. Schenck thereto pleaded in the words following:

1st Plea. And the said David Gelston and Peter A. Schenck, by Samuel B. Romaine, their attorney, come and defend the force and injury, when, etc., and say they are not guilty of the said supposed trespasses, above laid to their charge, or any part thereof, in manner and form as the said Goold Hoyt hath above thereof complained against them, and of this they put themselves upon the country.

And for a further plea in this behalf, in the said declaration of the said plaintiff, and as to the several trespasses mentioned in the not other or different; and that the seizing. first, second, third, fourth, and fifth counts carrying away, keeping and detaining, and conin the declaration of the said plaintiff men- verting and disposing thereof, to their own tioned, to wit, in taking and carrying away use, mentioned in the fourth count in the said the goods and chattels of the said plaintiff, declaration of the said plaintiff, is the same mentioned in the first count in the said declara-seizing, taking, carrying away, keeping and tion of the said plaintiff; in taking and carry- detaining, and converting and disposing thereing away the goods and chattels of the said of, to their own use, mentioned in the second, plaintiff, to wit, a ship or vessel of the said third and fifth counts in the said declaration of plaintiff, called the American Eagle, together the said plaintiff, and not other or different. with her tackle, apparel and furniture, five And the said David Gelston and Peter A. hundred tons of stone ballast, one hundred Schenck further say, that the said ship or veshogsheads of water, one hundred and thirty sel, called the American Eagle, with her tackle, barrels of salted provisions, and twenty hogs- apparel and furniture, and the five hundred heads of ship-bread, mentioned in the second tons of stone ballast, one hundred hogsheads of count in the said declaration of the said plain-water, one hundred and thirty barrels of salted 255*] tiff; in seizing, taking, *carrying away, provisions, and twenty hogsheads of [*257 damaging, spoiling, converting, and disposing to ship-bread, mentioned in the second, third and their own use, the goods and chattels of the fifth counts in the said declaration of the said said plaintiff, to wit, a ship or vessel of the said plaintiff, are included in, and are the only goods plaintiff, called the American Eagle, together and chattels embraced by the general descripwith her tackle, apparel and furniture, five tion of goods and chattels mentioned in the first hundred tons of stone ballast, one hundred count in the said declaration of the said plainhogsheads of water, one hundred and thirty tiff, and that the taking and carrying away barrels of salted provisions, and twenty hogs thereof, mentioned in the said first count in the heads of ship-bread, mentioned in the third said declaration of the said plaintiff, is the same count in the said declaration of the said plain- taking and carrying away thereof mentioned tiff; in seizing, taking, carrying away, keeping in the said second, third and fifth counts in the and detaining, and converting and disposing to said declaration of the said plaintiff, and not their own use, a certain ship or vessel of the other or different; and that the several tressaid plaintiff, mentioned in the fourth count in passes mentioned in the first, second, third, the said declaration of the said plaintiff, and fourth and fifth counts in the said declaration in seizing and taking possession of, and in of the said plaintiff, are the same trespasses, and taking and carrying from and out of the pos- not other or different. And the said David session of the said plaintiff, the goods and chat- Gelston and Peter A. Schenck further say, that tels of the said plaintiff, to wit, a ship or vessel before the tenth day of July, in the year of our of the said plaintiff, called the American Eagle, Lord one thousand eight hundred and ten, to together with her tackle, apparel and furni- wit, on the first day of July, in the year last ture, five hundred tons of stone ballast, one aforesaid, at the port of New York, in the dishundred hogsheads of water, one hundred and trict of New York, to wit, at the city of New thirty barrels of salted provisions, and twenty York, in the county of New York, and at the hogsheads of ship-bread, mentioned in the fifth first ward of the said city, the said ship or vescount in the said declaration of the said plain- sel, called the American Eagle, with her tackle, tiff, above supposed to have been committed by apparel and furniture, was attempted to be fitthe said David Gelston and Peter A. Schenck; ted out and armed, and that the said five hunthey, the said David Gelston and Peter A. dred tons of stone ballast, one hundred hogsSchenck, by leave of the court here for this heads of water, one hundred and thirty barrels purpose first had and obtained, according to of salted provisions, and twenty hogsheads of the form of the statute in such case made and ship-bread, were then and there procured for the provided, say, that the said Goold Hoyt ought equipment of the said vessel, and were then not to have or maintain his aforesaid action and there on board of the said vessel, as a part against them, because they say that the said of her said equipment, with intent that the said ship or vessel, called the American Eagle, with ship or vessel, *called the American [*258 256*] *her tackle, apparel and furniture, the Eagle, should be employed in the service of a five hundred tons of stone ballast, one hundred foreign state, to wit, of that part of the Island hogsheads of water, one hundred and thirty of St. Domingo, which was then under the govbarrels of salted provisions, and twenty hogs- ernment of Petion, to commit hostilities upon heads of ship-bread, mentioned in the second, the subjects of another foreign state, with which third, and fifth counts in the said declaration the United States of America were then at of the said plaintiff, are the same and not other peace, to wit, of that part of the Island of St. or different; and that the seizing, taking, car- Domingo which was then under the government rying away, keeping, detaining, damaging, of Christophe, contrary to the form of the statspoiling, converting, and disposing thereof to ute in such case made and provided. And the their own use, mentioned in the second, third President of the said United States, to wit, and fifth counts in the said declaration of the James Madison, who was then President of the said plaintiff, are the same and not other or said United States, by virtue of the power and different. And the said David Gelston and authority vested in him by the constitution and Peter A. Schenck further say, that the ship or laws of the said United States, did, afterwards, vessel, mentioned in the fourth count in the to wit, on the sixth day of July, in the year last said declaration of the said plaintiff, is the aforesaid, at Washington, to wit, at the city of same ship or vessel, called the American Eagle, New York, in the county of New York, and at mentioned in the second, third and fifth counts the ward aforesaid, authorize, empower, in

struct, and direct the said David Gelston and chattels of the said plaintiff, to wit, a ship or Peter A. Schenck to seize, take, carry away, and vessel of the said plaintiff, called the American detain, as forfeited to the use of the said United Eagle, together with her tackle, apparel and States, the said ship or vessel, called the Ameri- furniture, five hundred tons of stone ballast, can Eagle, with her tackle, apparel and furni- one hundred hogsheads of water, one hundred ture, and the said five hundred tons of stone and thirty barrels of salted provisions, and ballast, one hundred hogsheads of water, one twenty hogsheads of ship-bread, mentioned in hundred and thirty barrels of salted provisions, the third count in the said declaration of the and twenty hogsheads of ship-bread. And the said plaintiff; in seizing, taking, carrying away, said David Gelston and Peter A. Schenck keeping and detaining, and converting and disfurther say, that they did, afterwards, to wit, posing to their own use, a certain ship or vessel on the tenth day of July, in the year last afore- of the said plaintiff, mentioned in the fourth said, at the port of New York, in the district count in the said declaration of the said plainof New York, to wit, at the city of New York, tiff, and in seizing and taking possession of, and in the county of New York, and at the ward in taking and carrying from and out of aforesaid, by virtue of the said power the possession of the said *plaintiff, to [*261 259*] *and authority, and in pursuance of the wit, a ship or vessel of the said plaintiff, called said instructions and directions so given as the American Eagle, together with her tackle, aforesaid to them, the said David Gelston and apparel and furniture, five hundred tons of Peter A. Schenck, by the said President of the stone ballast, one hundred hogsheads of water, said United States, and not otherwise, seize, one hundred and thirty barrels of salted protake, carry away, and detain the said ship or visions, and twenty hogsheads of ship-bread, vessel, called the American Eagle, with her mentioned in the fifth count in the said declaratackle, apparel and furniture, and the said five tion of the said plaintiff, above supposed to hundred tons of stone ballast, one hundred hogs have been committed by the said David Gelston heads of water, one hundred and thirty bar- and Peter A. Schenck, they, the said David rels of salted provisions, and twenty hogsheads Gelston and Peter A. Schenck, by leave of the of ship-bread, as forfeited to the use of the said court here for this purpose first had and obUnited States, according to the form of the tained, according to the form of the statute in statute in such case made and provided. And such case made and provided, say that the said the said David Gelston and Peter A. Schenck Goold Hoyt ought not to have or maintain his further say, that the seizing, taking, carry- aforesaid action against them, because they say, ing away, and detaining of the said ship or ves- that the said ship or vessel, called the American sel, with her tackle, apparel and furniture, and Eagle, with her tackle, apparel and furniture, the said five hundred tons of stone ballast, one the five hundred tons of stone ballast, one hunhundred hogsheads of water, one hundred dred hogsheads of water, one hundred and and thirty barrels of salted provisions, thirty barrels of salted provisions, and twenty and twenty hogsheads of ship-bread, by the hogsheads of ship-bread, mentioned in the said David Gelston and Peter A. Schenck, on second, third and fifth counts in the said decthe tenth day of July, one thousand eight hun- laration of the said plaintiff, are the same, and dred and ten, as aforesaid, is the same seizing, not other or different; and that the seizing, taking, carrying away, and detaining of the taking, carrying away, keeping, detaining, said ship or vessel, with her tackle, apparel and damaging, spoiling, converting, and disposing furniture, and the said five hundred tons of thereof to their own use, mentioned in the stone ballast, one hundred hogsheads of water, second, third and fifth counts in the said decone hundred and thirty barrels of salted pro-laration of the said plaintiff, are the same, and visions, and twenty hogsheads of ship-bread, not other or different. And the said David mentioned in the several counts in the said dec- Gelston and Peter A. Schenck further say, that laration of the said plaintiff, and not other or the ship or vessel mentioned in the fourth count different. And this they, the said David Gel- in the said declaration of the said plaintiff, is ston and Peter A. Schenck, are ready to verify; the same ship or vessel, called the American wherefore they pray judgment if the said Eagle, mentioned in the second, third and fifth 260*] Goold Hoyt ought to have or maintain counts in the said declaration of the [*262 his aforesaid action thereof against them, etc. said plaintiff, and not other or different; and And for a further plea in this behalf, as that the seizing, carrying away, keeping and to the several trespasses mentioned in the detaining, and converting and disposing therefirst, second, third, fourth and fifth counts of, to their own use, mentioned in the fourth in the declaration of the said plaintiff men-count in the said declaration of the said plaintioned, to wit, in taking and carrying away the tiff, is the same seizing, taking, carrying away, goods and chattels of the said plaintiff, men-keeping and detaining, and converting and distioned in the first count in the said declaration posing thereof, to their own use, mentioned in of the said plaintiff; in taking and carrying the second, third and fifth counts in the said away the goods and chattels of the said plaintiff, to wit, a ship or vessel of the said plaintiff, called the American Eagle, together with her tackle, apparel and furniture, five hundred tons of stone ballast, one hundred hogsheads of water, one hundred and thirty barrels of salted provisions, and twenty hogsheads of ship-bread, mentioned in the second count in the said declaration of the said plaintiff; in seizing, taking, carrying away, damaging, spoiling, converting and disposing to their own use, the goods and

declaration of the said plaintiff, and not other or different. And the said David Gelston and Peter A. Schenck further say, that the said ship or vessel, called the American Eagle, with her tackle, apparel and furniture, and the five hundred tons of stone ballast, one hundred hogsheads of water, one hundred and thirty barrels of salted provisions, and twenty hogsheads of ship-bread, mentioned in the second, third and fifth counts in the said declaration of the said plaintiff, are included in, and are the

one hundred and thirty barrels of salted provisions, and twenty hogsheads of ship-bread, in order to the execution of the prohibitions and penalties of the act in such case made and provided. And the said David Gelston and Peter A. Schenck further say that the taking possession of, and detaining of the said ship or vessel, with her tackle, apparel and furniture, and the said five hundred tons of stone ballast, one hundred hogsheads of water, one hundred and thirty barrels of salted provisions, and twenty hogsheads of ship-bread, by the said David Gelston and Peter A. Schenck, on the tenth day of July, one thousand *eight hundred and [*265 ten, as aforesaid, is the same seizing, taking, carrying away, and detaining of the said ship or vessel, with her tackle, apparel and furniture, and the said five hundred tons of stone ballast, one hundred hogsheads of water, one hundred and thirty barrels of salted provisions, and twenty hogsheads of ship-bread mentioned in the several counts in the said declaration of the said plaintiff, and not other or different. And this they, the said David Gelston and Peter A. Schenck, are ready to verify; wherefore they pray judgment if the said Goold Hoyt ought to have or maintain his aforesaid action thereof against them, etc.

And to which the said foregoing pleas, was subjoined the following notice:

only goods and chattels embraced by the general description of goods and chattels, mentioned in the first count in the said declaration of the said plaintiff, and that the taking and carrying away thereof, mentioned in the said first count in the said declaration of the said plaintiff, is the same taking and carrying away thereof mentioned in the said second, third and fifth counts in the said declaration of the said plaintiff, and not other or different; and that the several trespasses mentioned in the first, second, third, fourth and fifth counts in the said declaration of the said plaintiff, are the same trespass, and not other or different. And the said David Gelston and Peter A. Schenck further say, that be263*] fore the tenth day of July, in the year of our Lord one thousand eight hundred and - ten, to wit, on the first day of July, in the year last aforesaid, at the port of New York, in the district of New York, to wit, at the city of New York, in the county of New York, and at the first ward of the said city, the said ship or vessel, called the American Eagle, with her tackle, apparel and furniture, was attempted to be fitted out and armed, and that the said five hundred tons of stone ballast, one hundred hogsheads of water, one hundred and thirty barrels of salted provisions, and twenty hogsheads of ship-bread, were then and there procured for the equipment of the said vessel, and were then and there on board of the said vessel, as a part Sir:-Please to take notice that the defendof her said equipment, with intent that the said ants, at the trial of the above cause, will insist ship or vessel, called the American Eagle, should upon, and give in evidence, under the general be employed in the service of some foreign issue above pleaded, that the ship or vessel state, to commit hostilities upon the subjects of called the American Eagle, with her tackle, apanother foreign state, with which the United parel and furniture, before the tenth day of States were then at peace, contrary to the form July, in the year of our Lord one thousand of the statute in such case made and provided. eight hundred and ten, to wit, on the first day And the President of the said United States, to of July, in the year last aforesaid, at the port wit, James Madison, who was then President of New York, in the district of New York, of the said United States, by virtue of the pow-to wit, at the city of New York, in the county er and authority vested in him by the constitu- of New York, and at the first ward of the tion and laws of the said United States, did af said city, was attempted to be fitted out terwards, to wit, on the sixth day of July, in and armed, and was fitted out and armed, the year last aforesaid, at Washington, to wit, and that the said five hundred tons of stone at the city of New York, in the county of New ballast, one hundred hogsheads of water, one York, and at the ward aforesaid, authorize, em- hundred and thirty barrels of salted provisions, power, instruct, and direct the said David Gel- and twenty hogsheads of ship-bread, and were ston and Peter A. Schenck to take possession procured for the equipment of the said vessel, of, and detain the said ship or vessel, called the and were then and there on board of the said American Eagle, with her tackle, apparel and vessel, as a part of her said equipment, [*266 264*] *furniture, and the said five hundred with intent that the said ship or vessel, called tons of stone ballast, one hundred hogsheads of the American Eagle, should be employed in the water, one hundred and thirty barrels of salted service of a foreign prince or state, to wit, of provisions, and twenty hogsheads of ship-bread, that part of the Island of St. Domingo which in order to the execution of the prohibitions and was then under the government of Petion, to penalties of the act in such case made and pro- cruise and commit hostilities upon the subjects, vided. And the said David Gelston and Peter citizens, and property of another foreign prince A. Schenck further say, that they did after- or state with which the United States were then wards, to wit, on the tenth day of July, in the at peace, to wit, of that part of the Island of year last aforesaid, at the port of New York, in St. Domingo which was then under the governthe district of New York, to wit, at the city of ment of Christophe, contrary to the form of New York, in the county of New York, and at the statute in such case made and provided. the ward aforesaid, by virtue of the said power And the said defendants will also insist upon, and authority, and in pursuance of the said in- and give in evidence under the said plea, that structions and directions so given as aforesaid the said ship or vessel, with her tackle, apparel to them, the said David Gelston and Peter A. and furniture, on the day and year last afore Schenck, by the said President of the said Unit-said, at the port of New York, in the district ed States, and not otherwise, take possession of, and detain the said ship or vessel, called the American Eagle, with her tackle, apparel and furniture, and the said five hundred tons of stone ballast, one hundred hogsheads of water,

of New York, to wit, at the city of New York, in the county of New York, and at the ward aforesaid, was attempted to be fitted out and armed. and was fitted out and armed, and that the said five hundred tons of stone ballast. one

ters therein contained, in manner and form as the same are above pleaded and set forth, are sufficient, in law, to bar and preclude the said Goold Hoyt from having and maintaining his aforesaid action thereof against them, the said David Gelston and Peter A. Schenck; and that they, the said David Gelston and Peter A. Schenck, are ready to verify and prove the same, when, where, and in such manner as the said court shall direct; wherefore, inasmuch as the said Goold Hoyt has not answered the said second and third pleas, nor hitherto, in any manner, denied the same, the said David Gelston *and Peter A. Schenck pray judg- [*269 ment, and that the said Goold Hoyt may be barred from having, or maintaining, his aforesaid action thereof against them, the said David Gelston and Peter A. Schenck, etc.

was

And, afterwards, the said demurrer brought on to be argued before the said Supreme Court, at the city hall of the city of New York, and judgment was given against the said David Gelston and Peter A. Schenck upon the said demurrer.

Bill of Exceptions.

hundred hogsheads of water, one hundred and thirty barrels of salted provisions, and twenty hogsheads of ship-bread, were procured for the equipment of the said vessel, and were then and there on board of the said vessel, as a part of her said equipment, with intent that the said ship or vessel should be employed in the service of some foreign prince or state, to cruise and commit hostilities upon the subjects, citizens, and property of some other foreign prince or state, with which the United States were then at peace, contrary to the form of the statute in such case made and provided. And the 267*] *said defendants will also insist upon, and give in evidence under the said plea, that he, the said David Gelston, was collector, and that he, the said Peter A. Schenck, was surveyor of the customs for the District of the city of New York, on the 10th day of July, one thousand eight hundred and ten, and before that time, and that they have ever since continued to be collector and surveyor as aforesaid, and that they, the said David Gelston and Peter A. Schenck, as collector and surveyor as aforesaid, and not otherwise, did, on the said tenth day of July, in the year last aforesaid, at the port of New York, in the district of New And afterwards, to wit, at the sittings of Nisi York, to wit, at the city of New York, in the Prius, held at the city hall of the city of New county of New York, and at the first ward York aforesaid, in and for the said city and of the said city, seize, take, and detain the county, on the fifteenth day of November, in said ship or vessel, with her tackle, apparel the year of our Lord one thousand eight hunand furniture, and the said five hundred tons dred and fifteen, before the honorable Ambrose of stone ballast, one hundred hogsheads of Spencer, Esq., one of the justices of the Suwater, one hundred and thirty barrels of salted preme Court of Judicature of the people of the provisions, and twenty hogsheads of ship-state of New York, assigned to hold pleas in bread, according to the form of the statute in the said sittings, according to the form of the such case made and provided, and by virtue statute in such case made and provided, the of the power and authority vested in them by aforesaid issue, so joined between the said parthe constitution and laws of the United States. ties as aforesaid, came on to be tried by a jury Dated this 11th day of March, 1813. of the city and county of New York aforesaid, for that purpose empaneled, that is to say, Walter Sawyer, Edward Wade, William Prior, James M'Cready, Richard Loines, John Rodgers, Asher Marx, Benjamin Gomez, Samuel Milbanks, James E. Jennings, George Riker, and Jacob Latting, good and lawful men of the city and county of New York, aforesaid, at which day came there as well the said Goold And as to the pleas by the said David Gelston Hoyt as the said David Gelston and Peter A. 268*] and *Peter A. Schenck, by them second- Schenck, by their respective attorneys aforely and thirdly above pleaded in bar, the said said, and the jurors of the jury, empaneled to Goold Hoyt saith, that the said second and try the said issue, being called, also [*270 third pleas of the said David Gelston and Peter came, and were then and there, in due manner, A. Schenck, or either of them, and the mat- chosen and sworn to try the same issue; and ters therein contained, in manner and form as upon the trial of that issue the counsel learned the same are above pleaded and set forth, are in the law for the said Goold Hoyt, to mainnot sufficient, in law, to bar and preclude him, tain and prove the said issue on their part, gave the said Goold Hoyt, from having and main-in evidence, that at the time of the seizure of taining his action aforesaid, against the said the said ship American Eagle, by the said David Gelston and Peter A. Schenck; and that David Gelston and Peter A. Schenck, she was he, the said Goold Hoyt, is not bound by the in the actual, full, and peaceful possession of law of the land to answer the same, and this he is ready to verify; wherefore, for want of a sufficient plea in this behalf, the said Goold Hoyt prays judgment, and his damages by him sustained, on occasion of the committing of the said trespasses, to be adjudged to him, etc.

And the said Goold Hoyt, to the said first plea, joined issue, and to the second and third pleas the said Goold Hoyt demurred as follows: And as to the plea of the said David Gelston and Peter A. Schenck, by them first above pleaded, and whereof they have put themselves upon the country, the said Goold Hoyt doth the like, etc.

And the said David Gelston and Peter A. Schenck, thereupon joined in demurrer as follows:

And the said David Gelston and Peter A. Schenck say, that their said pleas, by them secondly and thirdly above pleaded, and the mat

the said Goold Hoyt, and that, on the acquittal of the said vessel in the District Court of the United States, for the District of New York, it was decreed that the said vessel should be restored to the said Goold Hoyt, the claimant of the said vessel, in the said District Court; and for that purpose the counsel of the said Goold Hoyt gave in evidence the proceedings in the said District Court of the United States, by which it appeared that a libel had been filed in the name of the United States against the said ship American Eagle, in which it was,