JENNINGS ET AL. v. BRIG PERSEVERANCE, ET AL.


3 U.S. 336 (____)

3 Dall. 336

JENNINGS et al. Plaintiffs in Error, versus the Brig PERSEVERANCE, et al.

Supreme Court of United States.


Attorney(s) appearing for the Case

Du Ponceau and Robbins, for the Defendant in error.

E. Tilghman, for the Plaintiff in error.


PATERSON, Justice

Though I was silent on the occasion, I concurred in opinion with Judge Wilson upon the second rule laid down in Wiscart v. D'Auchy; and, of course, the court were divided, four to two, upon the decision. I thought, indeed, that excluding a consideration of the evidence (which, virtually, amounts to a statement of facts) was shutting the door against light and truth; and was leaving the property of the country...

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