1818. Lanusse V. Barker. bills on me for their account for the cotton they order, shipped by the Mac, shall meet due honour." On the 29th of August, 1806, the plaintiff wrote the defendant: "A few days ago I was favoured with a few lines from Messrs. John Taber & Son, importing that they wrote to you, to Capt. Swaine, and me, such directions as you might think proper, but I have not as yet been favoured with any of yours. The Mac remains precisely in the same situation. 4250 dollars demurrage, have been paid on her account, and I only wait for further information from you, to act, in case demurrage is refused." On the 24th of July, 1806, the defendant wrote the plaintiff as follows: "Relative to the unfortunate situation of the Mac, I have to observe, that if she remains at your port idle, Fontaine Maury, or his agent there, must pay the demurrage every day, or the master must protest, and end the charter; as long as the demurrage is paid, agreeable to charter party, the ship must wait; as soon as that is not done, the captain or owners' agent can end the voyage by protesting, and entitle the owners to recover their full freight: so that thee had better take the eight hundred bales, on account of Fontaine Maury at a low rate, than to subject him to such a heavy loss; thee will on receipt of this be pleased to receive the demurrage daily, or end the charter, and despatch her for Liverpool on owners' account, taking all the freight that offers, and fill her up with as much cotton as possible, [not less than five hundred bales,] logwood and staves, as it will not answer to keep so valuable a ship there any longer, without earning something for her owners. Although On the 26th of September, 1806, the plaintiff wrote the defendant: "Since my respectful last of 29th August, I am favoured with your much esteemed of 24th July, the contents of which I have duly noticed." "I have to inform you of the disaster which has befallen the Mac. On the night of the 16th and 17th inst. we experienced a most violent gale, which has done great injury to the shipping, and drove the Mae from her moorings to a considerable distance from the town," &c. "Nor can I flatter you of procuring either freight for her, or accomplishing your order before December," &c. On the 6th of September, 1806, the defendant wrote the plaintiff as follows: "Since I last had this pleasure, ordering a protest. against the charterers of the Mac, and that vessel despatched on owners' account for Liverpool, with. staves, logwood, and cotton, I have not received any of thy acceptable communications. I now confirm 1818. Lanusse v. Barker. 1818. Lanusse V. Barker. that order, and request, if a full cargo be not engaged for the Mac, on receipt of this, that you ship two hundred bales of cotton for my account, to the address of Martin, Hope & Thornley, and thy bills on me, at 60 days sight, shall meet due honour for the same. On receipt of this, lose no time in purchasing the two hundred bales, and what may be yet wanted, for the ship on owners' account, as a very considerable rise has taken place in that article at Liverpool;, therefore, thee will not lose any time in making the purchase." On the 10th of October, 1806, the defendant wrote the plaintiff : "By thy letter of the 29th of August, to John Taber & Son, I observe thee had an idea of sending the Mac here, if a freight did not soon offer, which I think thee would not (on reflection) do, if a freight from this port did not offer, as she had much better remain at New-Orleans than be sent here in ballast. Therefore request, if she is not despatched agreeable to charter party, that she remain at your port until a freight can be obtained for her, with what thee can ship on owners' account. They wish at least five hundred bales of cotton. I hope thee did not ship logwood, as I find that article will not pay any freight; therefore, if thee has not made a shipment of that article, please omit it. Thee must, of course, keep the ship as long as demurrage is paid." On the 26th of November, 1806, the defendant wrote the plaintiff : "I wish the Mac got off as soon as possible, and prepared for a voyage; when I wish five hundred bales of cotton shipped, on account of her owners, for Liverpool, and the ship filled up with freight goods, even at a low rate: if freight should be scarce, and thee can purchase good flour at about four and a half dollars per barrel, thee will please ship from five hundred to one thousand barrels, on account of the owners of the Mac, and on thy making any purchases for those objects, inform Rathbone, Hughes & Duncan, Liverpool, by letter duplicate and triplicate, requesting them to have the full amount of thy shipment on owners' account insured, stating particularly when thee expects the ship to leave New-Orleans, &c. &c. If cotton falls to twenty cents, please ship five hundred bales of cotton for my account, by the Mac, consigned to Martin, Hope & Thornley, drawing on me at sixty days for the same. I do not wish a bale shipped at a higher price than twenty cents, and I hope thee will engage the freight as low as 14d. My only reason for ordering it in the Mac is to assist her owners; therefore, if a full charter offers for her, or if any thing should prevent her going, thee will ship five hundred bales by some other good vessel, or vessels." On the 29th of December, 1806, the defendant wrote the plaintiff: "I am favoured with thy letter of the 7th, by which I am pleased to observe the Mac was off, and likely to be despatched for Liverpool. Her owners are desirous that she be despatched for that place without delay, as I mentioned to thee in my last letter on the 1818. Lanusse V. Barker. 1818. Lanusse V. Barker. subject of the Mac's business. If thee has contracted for the cotton, or any part thereof, that I ordered, let all that has been contracted for be shipped according to my last request, but do not purchase a bale, for my account, after this letter reaches thee, above sixteen cents, as that article has become very dull at Liverpool, and likely to be low, in consequence of the success of the French army on the continent. If thee can purchase at or under sixteen cents, before May, thee may purchase and ship such part of the five hundred bales as has not been purchased before this letter reaches thee." On the 22d of January, 1807, the plaintiff wrote the defendant as follows: "I have now commenced the purchase of cotton for account of Messrs. John Taber & Son, and have paid hitherto twenty-two cents cash, at which price seventy-two bales were ready to be shipped, as I expect to find an opportunity of placing my bills upon you. I shall complete the purchase of 500 bales, which will be necessary, in order to get a full freight," &c. "I have now to inform you, that I have drawn on you, under date of the 15th of January, for 1,800 dollars. Say eighteen hundred dollars, payable sixty days after sight, to the order of Mr. A. Brasier, in Philadelphia, which draft goes on account of the 72 bales of cotton already purchased, and request you to honour the same." And on the same day he wrote the defendant: "The present merely serves to inform you, that I have this day valued upon you, |