The Sun.
London, England, 1804-03-06 00:00:00

LAW REPORT.

COURT OF EXCHEQUER, N1..,/tcH I.

CARCIAS AND ANOTHER V. BRADDICK.

- A Motion iwas, this clay made in the Cout t. of Ex-
chequer to restrain Mr. Braddick, a merchant in
Cowper's ROw, -from selling a• large quantity of
hi,des 'And oth'er property, claimed by Messrs. Gar_
Bias anti Lewis, of Finsbury Square, on account of
a merchant at Hamburgh,, when it:appearcd,.•frorn
the argument, that the ship Sr. Augustine, bound
frOmßuerios Ayres to Harnbuigh, had been cap.'
'tired by the private ship of vvar, called the Tito.
alas, of Liverpool, and sent in therefor condemna-
tion ; and that Mr. Braddick,
.on account of Don
MatcOs Riley, the Spanish: owner, and' Mr.;Ang.-
lacia, 'the master, had contested* the' condeinntion
of the.vessel in the Comnions, and had Trocursti her,
releaseand,restqration, and had there given secu-
rity for her sale and disposition. of the Cargt;: and
was proceeding to Self the same at •LiirerpOoli when
Messrs': Gateias and Lewis, setting. up. a claim- a's
Agents-to a icollsignee• at Liamburgh, flied their
bill against Mr. Btaddick, and prayed an Injunc=-
tion 'to prevent him 'tom making such sale, and
przying a part of the cargo to be delivered tuthetn,'
to.'be sent to Barnhurghto be sold • there.; hat it
appearing to the Court, after a.full investigation,
that Mr. Bfaddick had expended a very heavy sum
of me ntylit ifrocuring the release of the vessel, and
;payMent-qf,freight and other clmrges, and had ex-
ertedhimse4.mush for the benefit of those interested
therein,
.the 13arons were unanimously of 'Opinion,
-that' Brarldicli had such 'a lien On the ship and
cargo, as enuld ttot.be taken:from.hitm without ma-
nifest injustice to him, and observed, ,that the ship
and• cargo were, where they slinuld be; Viz'. in the
hands where- the Law had' placed them; and refused
granting- any Injunction= whatevet.'against -Mr.
Braddiek,..deavingishe cargt.),,in his. hands, to. he
.sold
in England, in such way as he should deem best fOr
the interest of the Spanish ownerilnierested therein.
.•

AMERICA.

WHEN Governor CLAI.HojtN took ppssession of
Louisiana, in •the name cif the United States, he is-
-1 sued the following Pi oelaniation
By His Excel:enc.}, WILLIAM d. tIA I AOR.St ,
C'bverireir offhe .M4ssissippi Territory, oxercisitnz the powers .
t‘of Governor General and Intendant of the Province of
'Whereas; by stipulations between 'the; Qoverni3ients of
r-trice and Spain, the latter ceded to the former the Colony
anl'Provincd of Louisiana, with the saint. extent -which it
,hadv.the,date of the above-mentioned Treaty in the hands
of- .Spain, and that it had' kvlien France possesserd it, 'and
,such as otlght to be.after the TreOties ftiliscyleptly entered
,i-ntobetween Spain and other States; and` whereas Le Gl5-
-vernniet&Of Trance 'has ceded the samq to the,lJnitelt States
by a Treaty duly ratified, and bearing date the 3otliot April
in the present year, and the possession of Said Ccabny;and
Province is now in. the United ;States, according to the tenor'
of the inenti6ned Tieaty ;` and tvheitai the Congress of
. the Uniteri iSir4;s, 04 the 3 I 4t,day pOober, the; present
year, did that until the eipiration" Waft,' -Session of
sitttng (unless .provislons, for .the temporary
*lover:intent of the said territories be sooner made by Con-
gress); hll the military-, civil, and judicial powers exoreis-
.At.brr.he thf.7,? existing Government of the same, shall be
Vested in sr '',..pe'rvon or p:r,Oris, and shall, be exercised
•in Audi President of the United States shall
direct, for this nr.'nt-iining and proteding the Inhabitants
—sat• Louisienafin the :rec enjoyment of their liberty, property,
and religion ; al, I President of the United States has, by his
eotrrirtis bairing date tile same 31st day of 0 efober, inwest-
ed ine with all the powers,' and charged me with the several
du tiesjileretolore held and exercised by the Governor.. General
and ;Intendant of the Province:
•
I have therefore thought fit to
'issue this my Proclamation,
making known the premises, and to declare that .the Go-
veroment,heretofore exereised,oyer the said Province of Lour_
tinder the authority of Spain as of the Ftenell
Republic, has.ceased,,and that of the United States of.-4me-
rica is established Over the same ;- that the inhabitants there- '
of will be incorporated in the Pnion!of- the ',United States,
and admitted as soon as possible,'aceording to the pi'inciples
of the Federal • Constitution; th, the-enjoyment of 'aft the
rights, advantages, and immunities. of Citizens of the
United Statell that in, the tneati time they shall be main-
and„ .proteded in the free enjoyment of their li-
berty, property, and the which' they profess ;
thatf.all tlaws.:and niunic4p4llFgulations which were in
existenix at the cessation of the tate Government, re.
"'twain in force, and aft Civil Officers charged with their
execution, except those whose powers have been specially
Vesrad in me, and except alsb such Officers as have:been en
trusted vitli; the collection of the, Revenue, are continued in
their function's during the liteitAtire of the GOvernor.tbr the
time beinA,;ocuntil provision,shallotherwisefaepade.
And I do hereby exhort and enjoin all the inhabitants and
-othei've6citis within-the said :Province,. to be faititftlii and
true in their allegiance to the United States, and obedient td
the laws and authorities of the same, under full,4ssurance
-that their just rightsiwill.be,under the guardianship,of the
United States, and will be maintained from all 'force or vio-
- leeefrorn without or. within. . .
.In testimony whereof I have hereunto set my hand.
.Given at the City of New Orleans, the 20th day of Decem:.
ber; 1803, and et the Independence of the United States
of America ;he 28th., . • •
WM: C. C'CLAISORNE: