HAWTHORNE, CLAIMANT OF THE BRIG CLARISSA CLAIBORNE v. THE UNITED STATES

HAWTHORNE, CLAIMANT OF THE BRIG CLARISSA CLAIBORNE v. THE UNITED STATES. Present....Ml the Judges. . This Court take new evidence to be . used here, m mSty0Jurisdiction, THIS was an appeal from the sentence of the District. Court, át New Orleans, condemning the Brig Claiborne, for violating a law of the United States. Hare, Moved for a certiorari upon a suggestion of diminution of the record, in not sending up the tlejlositions of the witnesseses. [MAJORITY — Marshall, Ch, J.] Marshall, Ch, J. What prevents you from producing the witnesses here, or taking their depositions de novo, Hare, Suggested a doubt, whether cases fot1 violation of the Embargo, are cases of admiralty, or of prize jurisdiction, However, on a subsequent day he moved •for', and bbtained a commission to take the depositions of witnesses at New Orleans, to be*used on the trial in this Court, at ..the next term. A like commission was granted in the case of Williams and Jlrmroyd, at this term.