A Treatise on the Organization and Jurisdiction of the Supreme, Circuit and District Courts of the United States

"To which plea the plaintiff replies, in substance, that the plaintiff's testator was, at his death, a British subject, and the debt within the true intent and operation of the fourth article of the treaty of peace concluded between the King of Great Britain and the United States. "To this replication the defendant demurs, and the plaintiff joins in demurrer.

"This case coming on to be argued at this term, it occurred as a question, whether the act of assembly, recited in the plea of the defendant, was, under all the circumstances stated, and the various acts passed by the Legislature of North Carolina, a bar in this action.

"On which question the opinions of the judges were opposed.

"Whereupon, on a motion of the plaintiff, by his counsel, that the point on which the disagreement hath happened may, during the term, be stated under the direction of the judges, and certified, under the seal of the court, to the Supreme Court, to be finally decided.

"It is ordered, that the foregoing state of the pleadings and the following statement of facts, which is made under the direction of judges, be certified according to the request of the plaintiff, by his counsel, and the law in that case made and provided; to wit:

"First. That Samuel Cornell, the plaintiff's testator, was, and till his death continued to be, a subject of the King of Great Britain; and the defendant's testator was, and till his death continued to be, a citizen of North Carolina.

"Second. That the defendant's testator died in the year one thousand seven hundred and eighty; and the defendant, in the same year, was qualified as executor.

"Third. That the plaintiff sued out a writ in this suit, on the fifth day of October, in the year of our Lord, one thousand seven hundred and ninety-eight.

States of }

North Carolina District.

"I, William Henry Haywood, clerk of the Circuit Court for the District of North Carolina, do hereby certify the foregoing to be a true copy from the minutes. Given under my hand and the seal of office, at Raleigh, on the fifth day of January, in the year of our Lord, one thousand eight hundred and two.

"W. H. HAYWOOD,

Clerk."

VI.

LETTERS ROGATORY.

[Vide, supra, p. 601.]

[The following form is copied from Peters's C. C. Rep., p. 236, note. A commission in the usual form had been issued, but the authorities of Havana would not permit it to be executed.

Letters rogatory were then substituted, and the testimony sought was obtained.]

The President of the United States, to any judge or tribunal having jurisdiction in civil causes at Havana, GREETING:

Whereas, a certain suit is pending before us in which John D. Nelson, Henry Abbott and Joseph E. Tatem are the claimants of the schooner Perseverance and cargo, and the United States of America are the defendants; and it has been suggested to us, that there are witnesses, residing within your jurisdiction, without whose testimony, justice cannot completely be done between the said parties: We therefore request you, that in furtherance of justice, you will, by the proper and usual process of your court, cause such witness or witnesses as shall be named or pointed out to you by the said parties, or either of them, to appear before you, or some competent person by you for that purpose to be appointed and authorized, at a precise time and place by you to be fixed, and there to answer, on their oaths and affirmations, to the several interrogatories hereunto annexed; and that you will cause their depositions to be committed to writing, and returned to us under cover, duly closed and sealed up together with these presents. And we shall be ready and willing to do the same for you in a similar case, when required. Witness, &c.