s; and taxed costs, sixteen pounds two shillings and
ten pence. From this judgment, Pagan claimed an appeal to the Supreme
Judicial Court of the United States of America, for these reasons; that
the judgment was given in an action brought by Hooper, who is, and at
the time of commencing the action was, a citizen of the Commonwealth of
Massachusetts, one of the United States, against Pagan, who at the time
when the action was commenced, was and ever since has been a subject of
the King of Great Britain, residing in and inhabiting his province of
New Brunswick. This claim of an appeal was not allowed, because it was
considered by the court, that this court was the Supreme Judicial Court
of the Commonwealth of Massachusetts, from whose judgment there is no
appeal; and further, because there does not exist any such court within
the United States of America, as that to which Pagan has claimed an
appeal from the judgment of this court. Thereupon, execution issued
against Pagan on the 9th of October, 1789, and he has been confined in
Boston prison ever since. It is to be observed, that in August, 1789,
Mr. Pagan petitioned the Supreme Judicial Court of Massachusetts for a
new trial, and after hearing the arguments of counsel, a new trial was
refused. On the 1st of January, 1791, his Britanic Majesty's Consul at
Boston applied for redress on behalf of Mr. Pagan, to the Governor of
Massachusetts Bay, who, in his letter of the 28th of January, 1791, was
pleased to recommend this matter to the serious attention of the Senate
and House of Representatives of that State. On the 14th of February,
1791, the British Consul memorialized the Senate and House of
Representatives on this subject. On the 22nd of February, a committee of
both Houses reported a resolution, that the memorial of the Consul
and message from the Governor with all the papers, be referred to the
consideration of the justices of the Supreme Judicial Court, who
were directed, as far as may be, to examine into and consider the
circumstances of the case, and if they found that by the force and
effect allowed by the law of nations to foreign admiralty jurisdictions,
&c. Hooper ought not to have recovered judgment against Pagan, the court
was authorized to grant a review of the action. On the 13th of June,'
1791, the British Consul again represented to the Senate and House of
Representatives, that the justices of the Supreme Judicial Court had not
been pleased to signify the