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    Rex v. Corbet: 1769

    From: Adams Papers | Legal Papers of John Adams | Volume 2 | P. Admiralty—Criminal Jurisdiction | Rex v. Corbet: 1769

    1Editorial Note (Adams Papers)
    British impressment of American seamen, a grievance normally associated with the War of 1812, actually antedated even the Revolution, as the present case shows. Early in the morning of Saturday, 22 April 1769, H.M. Frigate Rose, patrolling on the high seas off Marblehead, intercepted and stopped the brig Pitt Packet (Thomas Power master), owned by Robert “King” Hooper, manned with a crew of...
    28. H. 8, c. 15. For Pirates. The Statute on which this Court is founded is 11th. & 12th. Wm. 3rd, C. 7. An Act for the more effectual suppression of Piracy. 6. Ann, c. 37, §9. Impresses in America prohibited. This act perpetual, 1. because of the Title. 2. the Preamble, in two Parts, for Ad­ vancement of Trade, and increase of Shipping and Seamen. 4. the same Clauses in their Nature...
    28th. Hen. 8th. c. 15. “For Pirates.” Where Traytors, Pirates, Thieves, Robbers, Murtherers, and Confederates upon the Sea, many times escaped unpunished, because the Tryal of their offences, hath heretofore been ordered, judged and determined before the Admiral, or his Lieutenant or Commissary, after the Course of the civil Laws, the Nature whereof is, that before any Judgment of Death can be...
    Humbly shews Michael Corbit of Marblehead in the County of Essex, Mariner that this Hon’ble Court ought not to take Cognizance of the Matters and Things sett forth and alledged in the said Articles exhibited against him by Ezekiel Price Gentleman, because the said Michael says, that by an Act of Parliament made in the Twenty Eighth Year of the Reign of King Henry the Eighth, it is among other...
    And the said Ezekiel Price says, that he to the said plea of the said John Ryan above pleaded to the Jurisdiction of this honorable Court, has no necessity nor is he oblidged by the Law of the Land in any manner to answer, because he says that the same plea is not sufficient in Law to put this honorable Court from taking further Cognizance of the Matters and Things contained in the Articles...
    Mr. Fitch. About the Time of the Blow—the 2d Pistol was fired. Commission from Commissioners. Instructions. Witnesses. Peter Bowen. I have seen all the Prisoners on Board the Brigg Pit Packet on the 22d. April last. In the Fore Peek. I knew Lt. Henry Gibson Panton, lately deceased. He was Lt. of the Rose Man of War. He was on Board the Brigg Pit Packet when I saw those Men. Mr. Panton went on...
    But, the first Question that is to be made, according to my Opinion, is, whether Impresses in any Cases, are legal? For if Impresses are always illegal, and Lt. Panton acted as an Impress Officer, Michael Corbitt and his Associates had a Right to resist him, and if they could not otherwise preserve their Liberty, to take away his Life. His Blood must lye at his own Door, and they be held...