always hitherto prevented the said cargo or any part thereof from being sent
in any other manner to the said United States and landed therein pursuant to the condition of the said bond; and these defendants aver that the damages and injuries aforesaid sustained by the said vessel were unavoidable and by force of the winds and waves, and that by reason of the detention and continuation thereof as aforesaid by superior force as aforesaid, they could not at any
time heretofore, nor can they yet, land the said goods, wares, and merchandises
in the said United States, pursuant to the condition of the said bond
in the said petition set forth, by reason whereof, and also by force of the statutes
in such case made and provided, these defendants are, as they are advised,
discharged from the payment of the said sum of money
in the said bond or obligation mentioned, or any part thereof; these defendants therefore pray that a jury may be empanelled to inquire of the facts aforesaid, should they be denied by the United States, and that these defendants may be hence dismissed with their
reasonable costs and damages
in this behalf most wrongfully expended,»