Treasure Chest Thursday – Court Case Connects Capt Jacob Shackford to Schooner Sarah (Blog 352)

We love finding sources that connect Shackford sea captains to the ships they sailed! The Federal Case 16,262 U. S. vs Shackford tells us that:

Capt Jacob Shackford was the master of the Schooner Sarah in about 1830. He temporarily registered the schooner which was registered in Eastport in New York and traveled from New York with passengers and cargo from New York to St Johns, New Brunswick, landed there and picked up return cargo and passengers.  On the way back to New York, Capt Jacob Shackford stopped in Eastport and anchored off the town where he waited for the tides and after consulting with the customs agents landed and added passengers.  He was fined for not delivering a temporary registration to the court of Passamaquoddy within ten days

The Jacob in this case must be Jacob Shackford (1790-1869), son of John and Esther (Woodwell) Shackford as he is the only Jacob of age to be be sailing a ship in this timeframe.

U.S. v. SHACKFORD (Case No. 16262)

Case No. 16,262
(5 Mason, 445)1
Circuit Court, D. Maine May Term 18302
SHIPPING – NON-DELIVERY OF REGISTER-LIABILITY
OF MASTER.
To affect the master of a vessel with the pun-
alty provided for his non-delivery of a tempo-
ary register, granted under the 3d section of
the coasting act of 1793, c. 52 [1 Story’s Laws
280; 1 Stat. 306, c. 8), there must not only be
an arrival at the port, to which the vessel be-
longs, but it must be an arrival there, not by ac-
cident, or from necessity but intentionally, as
one of the terminal of the voyage.
[Cited in U. S. v. Helriggie, Case No. 15, 344;
Parsons v. Hunger 1d. 10, 778; Toler v.
White, 1d. 14, 079; Harrison v. Voyse, 0
How. (50. U.S) 378; The Javirena, 14 C.
C. A. 350, 67 Fed. 155.)
[Error to the district court of the United
States for the district of Maine.)
Debt for the penalty of one hundred dol-
lars, against the defendant [Jacob Shack-
ford), as master of the schooner Sarah, of
Eastport, for not delivering up a temporary
register, obtained in the district of New
York, within ten days after the arrival of the
vessel at Eastport, where she belonged, ac-
cording to the provisions of the 3d ection of
the coasting act of 1783 c. 52. The case
came before the district court upon an agreed
statement of facts, a follows: “In this case
it is agreed, that the schooner Sarah, of
which the defendant was master, belonged
to Eastport; and was there duly enrolled and
licensed; and thence she proceeded to New
York, where she took a temporary register
and sailed on a voyage to St. Johns, New
Brunswick; landed her cargo there, and took
a return cargo and passengers for New York.
On her way to the latter place, she stopped
at Eastport, in the American waters, and
within the district of Passamaquoddy, and
anchored off the town, and waited about two
hours for the tide; during which period, she
landed some passengers, and their baggage,
having permit from the custom-house for
that purpose; took on board some other pas-
sengers and small stores, and sailed under
the same temporary register to New York,
and did not deliver up her temporary regis-
ter to the collector of Passamaquoddy with-
in ten days. Upon this evidence, the cause
is submitted to the decision of the judge, re-
serving the right of appea, as from a judg-
ment rendered on verdict.”
The district court pronounced a judgment
in favour of the defendant (Case No. 16, 203).
upon which a writ of error was brought to
the circuit court.
Mr. Shepley, U. S. Dist. Atty.
Mr. Greenleaf, for defendant.
[more not transcribed]

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SOURCES:

The Federal Cases Comprising Cases Argued and Determined in the Circuit and District Courts of the United States From the Earliest Times to the Beginning of the Federal Reporter Arramged Alphabetically by the Titles of the Cases and Numbered Consecutively Book 27 U.S. v. Morse – U.S. (Swat v.) Case No 15,820 – Case No. 16,425 (St. Paul: West Publishing, 1896), page 1038; digital images, Google Books (https://books.google.com/books : accessed 17 August 2016.

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