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Penhallow v Doanes Admin

Penhallow v Doanes Admin

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Published by Gemini Research

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Published by: Gemini Research on Jun 18, 2012
Copyright:Attribution Non-commercial

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11/03/2012

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PENHALLOW v. DOANE'S, 3 U.S. 54 (1795)PENHALLOW, et al. versus DOANE'S Administrators.FEBRUARY TERM, 1795.THIS was a Writ of Error, directed to the CircuitCourt for theDistrict of New-Hampshire. The case was argued from the6th tothe 17th of February; the Attorney General of theUnitedStates, (Bradford) and Ingersoll, being Counsel for thePlaintiffs in error; and Dexter, Tilghman and Lewis,beingCounsel for the Defendants in error.The Case, reduced to an historical narrative, byJudgePaterson, in delivering his opinion, exhibits thesefeatures:
[Summary of pleading] - 1
 
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"This cause has been much obscured by theirregularity of thepleadings, which present a medley of procedure, partlyaccordingto the common, and partly according to the civil, law.We mustendeavour to extract a state of the case from theRecord,Documents, and Acts, which have been exhibited.It appears, that on the 25th of November, 1775 ( 1Jour.Congress, 259 ) Congress passed a series of Resolutionsrespecting captures. These Resolutions are as follow:"Whereas it appears from undoubted information, thatmany"vessels, which had cleared at the respective Custom-houses "inthese Colonies, agreeable to the regulationsestablished by "Actsof the British Parliament, have, in a lawless manner,"withouteven the semblance of just authority, been seized by"his
[Summary of pleading] - 2
 
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Majesty's ships of war, and carried into the harbour of"Boston, and other ports, where they have been rifledof their"cargoes, by order of his Majesty's naval and militaryofficers,"there commanding, without the said vessels having beenproceeded"against by any form of trial, and without the chargeof "havingoffended against any law."And whereas orders have been issued in his Majesty's"name, tothe commanders of his ships of war, to proceed as "inthe case ofactual rebellion against such of the sea-port "townsand placesbeing accessible to the king's ships, in "which anytroops shallbe raised or military works erected,Page 55"under colour of which said orders, the commanders ofhismajesty's "said ships of war have already burned anddestroyed
[Summary of pleading] - 3

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