government or its agents? He had no contract with either, to supply his daily wants, to pay off his crew, and send them home. Goldschmidt had entered into such a contract in Europe, and Isaacs himself entered into another with the commander at Carthagena, to the same effect. To them he had a right to look for support and indemnity. He was neither required nor authorised to look elsewhere. This transaction is distinguish ed by so much inconsistency, ir regularity, and want of punctuality, to say the least of it, that I hardly know in what light to view it. And it is not the least extraordinary feature in it, that the Goldschmidts, in their correspondence with Isaacs and in the face of their solemn contract, should state that it does not belong to them to provide for the disbursements which the crews may require, and that he, Isaacs, must have nothing to do with them.

Amidst all these perplexities, the commander of this ship seems to have acted with great judgment, with consummate prudence, and with a high and scrupulous regard to the safety of those under his command, to the laws of his country, and the interests of his owners. He held fast to the property, and most rightfully refused to surrender it, but in conformity to his instructions, and on a compliance with the contracts between the parties. He held it thus, until by due and legal process, it was taken into the custody of this court, where it now is, to answer all just and legal claims against it. I have stated the facts connected with this transaction, as they are proved by the documents, and

the testimony before the court. Under these circumstances Mr. Isaacs has attempted to transfer this vessel to the Consul General of the government of Colombia.

In whatever capacity Mr. Isaacs may have attempted to make this transfer, whether in his own individual capacity, or as agent, the act was futile and nugatory. He could transfer nothing, for he had nothing to transfer. He had neither the actual nor constructive possession of the vessel. He had never obtained the right of possession, and had not a shadow of title to the property.

Mr. Isaacs, at all events, could have no better claim or title to this ship than his principles, Goldschmidt & Co. They never had a title that would be sustained by any judicial tribunal, or recognized in any commercial country. They never had a bill of sale, or any instrument that amounted to a conveyance of title, upon any known principle of law. The Register was never transferred or changed, possession of the ship was never delivered or surrendered in any manner, and never was intended to be, but upon conditions which have never been complied with.

The only document or paper Goldschmidt & Co. ever received from Michaelson and Benedict, was not a bill of sale, or a conveyance of the title, but a power of attorney; so entitled by them, and so in fact and in form. By this power of attorney, they were authorized to receive the vessel from the commander, and having received her, to sell her. They could not receive her until the commander was ready and willing to deliver her; and if they

did not receive her, they certainly could not sell her. A previous delivery to them, was essential to their right to sell. Delivery of possession is always a very important and essential ingredient in the title to a ship. Wherever it is possible to be made, it is necessary to the perfection of the title, even where there is a regular and formal conveyance.

In this case, not only no delivery of the possession, either actual or symbolical, has ever been made, but has been uniformly and peremptorily refused, until the terms of the original instructions were fulfilled. Without a delivery of the possession, no title whatever could pass, no right or authority of any kind over the vessel could be exercised, by virtue of any document in the possession of Goldschmidt & Co.

The power of attorney to Goldschmidt, and the instructions to the commander, were dated and executed at the same time, viz. the 10th June, 1825; and if not actually parts of the same instrument, may undoubtedly be received to explain and elucidate the meaning of the parties. These instructions are framed in reference to the contract entered into by Goldschmidt & Co. on the 7th June, and explicitly forbid the commander to deliver the ship, but upon a compliance with the terms of that contract, which terms are repeated in the instructions. These instructions have been obeyed-the intentions of the owners have been fulfilledthe delivery of the vessel has been refused, and the want of it has, in my judgment, rendered ineffectual and wholly inoperative, the only instrument upon which the claim

of Goldschmidt or his agent is founded.

To test the title to this vessel, let us suppose that Michaelson & Benedict, like Goldschmidt & Co. had become unfortunate, to whose creditors would this property be adjudged? Most indubitably and necessarily, to Michaelson and Benedict. The Register, and all the usual evidences of title, standing in their name, coupled with the actual and unimpaired possession, is all that is requisite to constitute in them a good and valid title to the ship.

Nothing has been done in pursuance of the agreements between the parties in reference to this ship. The power to receive, and the instructions to deliver, remain unexecuted, and the vessel is in the same state as when she left Sweden.

If the vessel had ever been delivered to Goldschmidt & Co. they might, in execution of the power of attorney to them, have sold and transferred her; but never having received her, their authority has never been consummated, and they could exercise no power over her. It follows of course, that their agent Isaacs derived none from them; and unless he can shew that a delivery has been made to him, as the agent authorized to receive her, his transfer, whatever may be its operation, as between the Colombian Government and Goldschmidt & Co. can have no effect whatever upon the other parties, Michaelson & Benedict.

This view of the question, admits Isaacs to have been the agent of Goldschmidt, at the time the transfer was made by him, but he was

not. All his powers had been revoked before the 17th of July.On that day, he had no power to receive, and therefore could have none to transfer the vessel. His pretended individual right is not worthy of animadversion. I am clear, therefore, that the claim of the Colombian Government cannot be maintained, but must be rejected.

This vessel then being the private property of Messrs. Michaelson & Benedict, merchants of Stockholm, is, as I have before stated, liable for necessaries furnished her in this port, and she is ordered to be sold according to the prayer of the Libellants. Since the filing of the libel in this case, the seamen have presented and filed claims for wages.

This Court, in conformity to the established rule of the Courts of Admiralty in this country, is always cautious in taking cognizance of the claims and disputes of the crews of foreign ships. As a general rule, they are referred for redress to the laws and tribunals of their own country.

Where, however, by accident, or from necessity, the voyage is broken up or terminated here, we entertain their complaints, and as nearly as practicable, administer to them that justice to which they would be entitled at home. If they have entered into contracts there, in relation to their service, we endeavour to carry them into effect, as far as we can, according to their letter and their spirit.

In this case, a contract is produced, entered into in due form, before the proper authorities in

Sweden, and I shall adopt that contract as my guide, in decreeing wages to the crew, and compensation to the persons named in it.

The commander of this ship is bound to return the men under his command to their own country.— Michaelson & Benedict, the owners, have guaranteed the contract of Goldschmidt, to provide means to enable the officers and crew to return to their own country. Out of the property then, in the hands of the court belonging to these parties, it is fit and proper that this provision should be made, if the proceeds of the sale prove sufficient. In contemplation of such an order, I directed an estimate to be made of the probable expense of transporting the officers and crew to Sweden. It was furnished by the officers, and when it came in, I referred it to the clerk, and two merchants to be examined and reported upon. The clerk associated to himself J. W. Schmidt, Esq. Consul of his Prussian Majesty, and -Pedersen, Esq. the Danish Consul, resident in this port. The estimate furnished by these gentlemen, exceeds in amount, that of the officers. Of the two, I shall adopt the latter, with some modification.

It will be seen that I have now settled all the principles presented by this case. The detailed allowances, appropriated to the various objects of supplies and necessaries, wages of the seamen, and expenses of transportation home, will all be particularly set forth and specified in the decree to be entered in conformity to this decision.

The peculiar circumstances connected with the case of the brig Crawford, which will be developed in the sequel, induced Chief Justice Marshall to hold a special term of the Federal Court for the Fifth Circuit and Eastern District of Virginia, for the trial of the three Spaniards. The three prisoners, viz: Pepe, otherwise called Jose Hilario Casaris, Couro, otherwise called Joseph Mirando, and Felix, otherwise Felix Barbeto, were all charged in the first indictment with Piracy, and in each of the others, with the murder of some one of the persons who were slaughtered by them.The prisoners having been arraigned, pleaded not guilty to all the indictments. Mr. Stanard, District Attorney for the United States, conducted the prosecution. The Court assigned Mr. Leigh, in addition to Mr. Schmidt, who appeared as counsel for the arraigned.

In compliance with a wish expressed by the prisoners they were tried separately; and consequently the testimony, being the same in each case, was repeated by the witnesses on the three several trials. One of the material witnesses being unable to speak the English language, and the prisoners understanding only the Spanish, Mr. Adolphus Crozet acted as interpreter on the two first, and Dr. Lemosey, on the last trial.

Edmund Dobson, the first witness called, was the mate of the Brig Crawford. From his testimony we collected the following facts, which we give, without pur

suing the order of his narrative, or extending the statement by pursuing the cross-examinations that were had. The brig Crawford was built at Troy, and registered last at Providence, from which port she sailed about the 6th of April for Matanzas, in the island of Cuba. Capt. Henry Brightman, master, himself, mate, and Joseph Doliver, Oliver Potter, Asa Bicknell, Nathaniel P. Deane, and Stephen Gibbs, (coloured cook) mariners. After discharging their cargo at Matanzas, the captain told him he expected to have some passengers, who were foreigners. About a week before they sailed, Alexander Tardy came on board and staid all night, but returned to shore the next day. But while taking on board their homeward cargo, Tardy remained on board several days. He thinks it was about three days before they sailed, the prisoners Felix and Couro came on board bringing a small iron bound box, said to contain money. The witness was ordered to put it under the Captain's birth, in a locker, which he accordingly did, in the presence of Felix, who seemed satisfied with this disposition of it. From that time till the vessel sailed, Felix remained on board, during which time much of the cargo was taken in. In the course of the testimony, the history of this box seemed to have an important bearing on the trials, and the witness was cross-examined respecting it. He said he never saw or knew any thing of it afterwards; and did not think that it

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could possibly have been brought from below, put on board the boat, and sent ashore, without Felix or himself knowing it. He had understood from the cook, who was a black man, that it had been removed--and by consent, this hearsay testimony was permitted to be related-and the witness said, he was told by the cook that Felix had caused the box to be removed to a locker under the cupboard, and afterwards to Felix's own apartment-and that this occurred before they left the bay of Matanzas. Pepe came on board the day before sailing. The passengers being all on board, the vessel was moved out a little from among the other shipping, where she remained until her papers were obtained, and there was no longer any cause of delay. She sailed on the 28th May.

Nothing remarkable occurred until the morning of the 1st June. They breakfasted about 8 o'clock. Tardy seemed to be somewhat officious on the occasion. He helped the witness to some fried eggs and ham, and a bowl of chocolate. Witness spilt some of the chocolate. Tardy insisted upon it, and actually replenished the bowl. After breakfast he retired to the state room, to get some rest, having been up all night. He soon felt very giddy in the head, and sick at the stomach. The captain soon came down, and when he ascertained his situation, invited Tardy, who professed to be a Doctor, to come down and see him. T. did so; said that he was bilious, and proposed an emetic. Mr. Robinson, the supercargo, advised him to have nothing to do with his medicine,

and he determined to defer it until the next morning. He came on the deck and laid down on a mattrass, where he remained all day quite sick, and vomiting occasionally. In the evening Robinson told him he had no doubt but that Tardy had given them all poison; and that, for the future they must eat nothing but what was served up by their own cook; that Couro had come on board in the capacity of a servant, and that he must be made to cook for the Spaniards. The witness had no suspicion at that time at being poisoned, as the cook had not told him of Tardy's agency in cooking the breakfast. In the evening about 8 o'clock he went into the cabin, and found the Captain quite unwell with the asthma and a cough; who invited him to sleep along side of him, and said that Robinson would stay in the cabin with them. As the weather was warm and he felt some solicitude about the vessel, he declined, and came on deck, where he lay about four hours or until about 12 o'clock, when Doliver, one of the seamen came to the relief of the man at the helm. There was no moon and the night a clear star light night. He gave D. orders to apprise him of any change in the weather, and then slept he thinks until between 1 and 2 o'clock, when he was suddenly awoke by a noise, the cause of which he did not understand. He ran forward, and as soon as he got a little beyond the windlass, he saw a man standing with a knife in his hand by whom he was severely stabbed in the shoulder, (the witnesses' arm is still in a sling.) In a state of great excitement and a