1818. Lanusse V. 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 MarBarker. tin, 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 NewOrleans 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 owner's 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 arti le, 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 Liv- erpool, 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 to ship from five hundred to one thousand barrels, on account of the owners of the Mac, and on thy making any purchase 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 1 1-2d. 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 subject 1818. Lanusse v. Barker. 1818. Lanusse V. 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 Barker. 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. $3077 23 sixty days after sight, and refer to my On the 13th of February, 1807, he wrote the defendant: "I have engaged 150 bales for account of Messrs. John Taber & Son, at Market price, which I expect in town in a few days, when I shall without delay ship the same on board the Mac, making the 220 bales in all. This commencement, I hope will encourage shippers to give us some freight; at all events I shall keep you duly advised of my proceedings. Under date of the 6th inst. I took the liberty of valuing upon you 301 dollars 22 1-2 cents sixty days after sight, to the order of Jacob D. Stagg; on the 12th inst. $673 to the order of Samuel Lord, and shall continue drawing as opportunity offers. On the 16th of the same month he wrote the defendant: "The present merely serves to inform you, that I have this day valued upon you 600 dollars. Say six hundred dollars to the order of Benjamin Labarte, sixty days after sight, and request you to honour the same, and place to account of J. T. & S." On the 20th of February, 1807, the defendant wrote. the plaintiff: 1818 Lanusse V. Barker: 1818. Lanussę V. "I am in daily expectation of hearing of the Mac's progressing for Liverpool. Before this reaches thee, I hope she will have sailed; if not, please lose no time Barker. in despatching her. That thee may be fully acquainted with the wishes of her owners, I annex a copy of the last letter I have received from them, and request thee to comply with their wishes in every particular." The copy of the letter from John Taber & Son, referred to in this letter, is as follows: "JACOB BARKER, "Portland 2d mo. 9, 1807. "By last mail we received thy favour of the 2d inst. enclosing one from Captain Swaine to thee. We notice thy proposition for us to give liberty for the Mac to take freight for any port in Europe, but as we have got her and her freight insured in Liverpool, at and from New-Orleans to that port, we wish to have her go there, even if we load on owners' account. We are well satisfied that Lanusse hath not yet loaded her, as we have no doubt cotton will be much lower in a short time. And as we apprehend that shippers of cotton will now turn their attention to other parts of Europe, we think the probability is, that cotton will be in demand in Liverpool by the time the Mac will arrive there, we likewise think it will answer to ship good flour, and probably some good staves can be purchased; we had rather have her loaded on our own account with those three articles, than to take freight for any other port, but we think there can be no doubt, but that when she begins to load on owners' account, that some consi |