February 20, 1812
HAWTHORNE, CLAIMANT OF THE BRIG CLARISSA CLAIBORNE
THE UNITED STATES.
Present All the Judges.
THIS was an appeal from the sentence of the District Court, at New Orleans, condemning the Brig Clarissa 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 depositions of the witnesseses.
MARSHALL, Ch. J.
What prevents you from producing the witnesses here, or taking their depositions de novo.
HARE, Suggested a doubt, whether cases for violation of the Embargo, are cases of admiralty, or of prize jurisdiction.
However, on a subsequent day he moved for, and obtained a commission to take the depositions of wtnesses 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 Armroyd, at this term.
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