such examination to reverse or affirm the same, according to law. 2 Bac. Abr. 213. The court of king's bench superintends the proceedings of all other inferior courts, and by the plenitude of its power corrects the errors of those courts; hence it is that a writ of error lies in that court, of a judgment given in the king's bench in Ireland. And upon a judgment in Calais, when under the subjec tion of the king of England, a writ of error lay in the king's bench. 4 Inst. 282. A writ of error would have laid to the king's bench from these colonies, before the revolution, but for the particular provisions of charters, &c. 2 Bac. Abr. 194. Wherever a new jurisdiction is erected by act of parliament, and the court acts as a court of record, according to the course of the common law, a writ of error lies on their judgments. The power is inherent in every superior court, to revise the judgments of its inferior. 2d. By the constitution of the United States, art. 3. 3, 1, 2. the judicial power is vested in one supreme court and such inferior courts as congress shall, from time to time, ordain and establish; and shall extend to all cases arising under the constitution and laws of the United States, and to controversies in which the United States shall be a party. And the supreme court is to have ap pellate jurisdiction in all these cases, with such exceptions, and under such regulations, as congress shall make. Congress has made no exception of the present case; and no regulation of congress was necessary to give this court the appellate power. It derives it from the constitution itself. This is a case arising under the laws of the United States. *The very existence of the court whose judgment is complained of, is derived from the United States. The laws adopted for the Northwestern Territory derive their whole obligatory effect from the ordinance of the old congress, and are, in fact, laws of the United States, although copied from state laws. All power and authority exercised in that territory have emanated from the United States; and all offences there committed are against the authority of the United States. If, then, this is a case by the constitution cognisable by the judicial authority of the United States; if by the Clarke V. Bazadone. * 214 Clarke V. constitution, this court has appellate jurisdiction in all Bazadone. such cases, and if this case is not within any exception made by the constitution, or by any act of congress, nothing is wanting but to devise a mode to bring the cause before this court. The writ of error is the common and well known process in like cases, and by the fourteenth section of the judiciary act of 1789, every court of the United States is expressly authorized "to issue writs of scire facias, habeas corpus, and all other writs not specially provided for by statute, which may be necessary for the exercise of their respective jurisdictions, and agreeable to the principles and usages of law." If, then, the court has jurisdiction, no difficulty can occur as to a mode of exercising it. The Court quashed the writ of error, On the ground that the act of congress had not authorized an appeal or writ of error from the general court of the Northwestern Territory, and, therefore, although from the manifest errors on the face of the record, they felt every disposition to support the writ of error, they were of opinion they could not take cognisance of the case, *215 HOOE & Co. v. GROVERMAN. ERROR from the circuit court of the district of Columbia, in an action of covenant, by Groverman, owner of the brig Nancy, against Hooe & Co. *the freighters, for demurrage, at the port of Falmouth, in England, from the 19th of June to the 11th of September, 1798, at the rate of 61. 6s. sterling per diem. The declaration alleged the breach of the covenant in not paying the demurrage, and the cause went to trial in the court below, upon the issue of covenants performed. The jury found the following special verdict, viz. "We, of the jury, find that the defendants and plaintiff made and executed the charter-party hereunto annexed, in these words, to wit: "This charter-party indented," &c. "witnesseth, that the said Groverman hath granted, and to freight letten, to the said R. T. Hooe & Co. the brig, whereof he is owner, called the Nancy, commanded by James Davidson, a citizen of the United States aforesaid, now lying in the port of Alexandria, of the burden of 197 tons, or thereabouts; and for and in consideration of the covenants hereinafter mentioned, doth grant, and to freight let, unto the said R. T. Hooe & Co. the whole tonnage of the aforesaid vessel, called the Nancy, from the port of Alexandria, in Virginia, to the port of Havre de Grace, in France, and back to the said port of Alexandria; in a voyage to be made by the said R. T. Hooe & Co. with the said brigantine, in manner after mentioned, that is to say, to sail, with the first fair wind and weather that shall happen after she is fully and completely laden, from the said port of Alexandria, with a cargo of tobacco to be shipped by the said R. T. Hooe & Co. to the said port of Havre de Grace; and there deliver said cargo to Messrs. Andrews & Co. of that town, merchants, or to their assigns, in good order, the danger of the seas only excepted. And at the said port of Havre de Grace to take on board a full freight or lading of such goods as the said Andrews & Co. may think proper to put on board said brig as a return car go; with which said vessel is to make the best of her way directly back to the port of Alexandria, and there safely deliver such cargo, the danger of the seas only excepted, to the said R. T. Hooe & Co. And the said Groverman doth further covenant and agree to and with the said R. T. Hooe & Co. their executors, &c. that the said brig now is, and at all times during the said *voyage shall be, to the best endeavours of him the said Grover man, and at his own proper cost and charges, in all things made and kept tight, stiff, staunch, strong, and well apparelled, furnished and well provided, as well with men and mariners sufficient and able to sail, guide and govern the said vessel, as with all manner of rigging, boats, tackle and apparel, furniture, provisions and appurtenances fitting and necessary for the voyage aforesaid. And the said Groverman doth further covenant and agree to and with the said R. T. Hooe & Co. that he will allow them twenty-five running days from the date hereof for the lading on board the said vessel, the aforesaid cargo of tobacco at the port of Alexandria; ten working days for discharging said cargo at the port of Havre de Grace, to be computed from the day after she comes to her moorings at the said port; and twenty days more after the said ten days run out, for lading on board the aforesaid return cargo; also ten working days Hooe v. Groverman. #216 Hooe V. after said vessel arrives back and is permitted to an entry Groverman. at the custom-house at Alexandria for receiving her in ward cargo, which is to be delivered at the wharves of said R. T. Hooe & Co. *217 "In consideration whereof the said R. T. Hooe & Co. doth covenant, promise and grant to and with the said W. Groverman, his executors, &c. by these presents, that they the said R. T. Hooe & Co. or their consignee, shall and will pay to the said W. Groverman, or his assigns, at the port of Havre de Grace, the sum of 21,000 livres tournois, in hard money, on discharge of the cargo of tobacco aforesaid; also 7,200 livres in hard money, on shipment of the return cargo aforesaid; and further, that they the said R. T. Hooe & Co. shall and will pay, or cause to be paid, to him the said W. Groverman, or his assigns, the sum of 81. 8s. current money of Virginia, day by day, and for every day's demurrage, if any there should be by default of them the said R. T. Hooe & Co. at the port of Alexandria. And the sum of 150 livres, in hard money, day by day, and for every day's demurrage, if any there should be by default of them the said R. T. Hooe & Co. or their assignee, at the port of Havre de Grace. And the said R. T. Hooe & Co. doth further covenant to and with the said W. Groverman, and the aforesaid *James Davidson, commander of the brigantine aforesaid, that Andrews & Co. their consignee aforesaid, shall pay to the said captain, for his primage, five per cent. upon the outward and inward freights at Havre de Grace, and before his departure therefrom. For the true and faithful performance of the covenants in this charter-party, the parties bind themselves, each to the other, in the penal sum of 3,000l. current money of Virginia, to be recovered by the party observing, against the party_failing to perform the same. In witness whereof, we have hereunto interchangeably set our hands and affixed our seals, this tenth day of April, 1798. "W. GROVERMAN, Seal. "R. T. HOOE & Co., Seal.” "And the provisional articles in these words, to wit: "The following provisional articles are concluded upon, made and agreed to by and between William Groverman, owner of the brigantine Nancy, commanded by James Davidson, and R. T. Hooe & Co. since entering into the charter-party hereto annexed. Hooe "1. The captain, or commander, shall be instructed by his owner, previous to his sailing from the port of Groverman. Alexandria, to touch at Falmouth in such manner as to appear to his crew that there was a necessity for his so doing, there to lay off and on twenty-four hours, or longer if desired, in day light, during which time there will come off orders from Mr. Fox, the American consul, Mr. Thomas Wilson, of London, or Messrs. Andrews & Co. of Havre de Grace. 2. On receiving these orders, the captain, or commander, must proceed directly for Havre de Grace, London, Hamburg, Bremen or Rotterdam, as he may be directed, and at one of these ports deliver his cargo, to such person or persons as the aforesaid orders may direct. 3. If the vessel arrives at any other of the aforesaid ports than Havre de Grace, the time of discharging the outward cargo, taking in her inward cargo, demurrage, if any there should be, her outward and inward freight, primage, &c. shall be the same as if she had arrived at and discharged at Havre *de Grace. 4. The outward freight shall be considered as 8751. sterling; the inward freight 3007. sterling, primage five per cent. on the freights, and the demurrage 61. 6s. sterling per day. And if the vessel discharges in London, the payments shall be made in sterling cash; if at any other port, in good bills of exchange at 60 days on London, without diminution of the above sums, except so much as the captain may be authorized to receive for his port charges and disbursements. 5. If the vessel is detained over 24 hours at Falmouth, demurrage shall be paid for the time at the rate stipulated in the charter-party. 6. These articles shall not be made known to any person whatever, except the captain and chief mate. The vessel shall be cleared out for Havre de Grace only, and furnished with a role d'equipage, and all other papers whatever that may be necessary at this custom-house. No letters whatever shall be received on board except such as the said R. T. Hooe & Co. puts into the possession and care of the captain. "7. The charter-party first entered into, the copy of which is hereunto annexed, shall be in force and considered as the only contract between the parties for this Voyage, and go unconnected with these articles to Havre de Grace, and there and from thence govern, unless in the case of the vessel being from Falmouth ordered to * 218 |