The Sun.
London, England, 1803-02-04 00:00:00

LAW REPORT.

GUILDHALL, LONDON, Fla. 2

SiTTINOSSZ!ORE LORD FIAttiSOROUGH &ND R srICIAL,

JUAY OF MEkCILAITS.

ROBERTSON AND ANOTHER (v. tREFCH.

In consequence of the Rule being made .absolute
for a new trial in this case, it cam,: on to.day, and
lasted eight hourq, so that it will be impOssible to
give any thingniuke than a very general description
of it.

. • • . .
.According to Mr. ERSK I NE's opening, the Plain.
tiffs, Messrs. Robertson and Thompson, who are
Merchants in this City, aEling as 'agents for a
house of trade at the Cape of Good Hope, for Wal-
ket and Co. and some persons who, were interested,
effeaed the ,Policy, in question. The house at the
Cape having a large assortment of goods by them,
the manufactures of this country, for which there
was dot a favourable market there, purchased the
ship Chesterfield, and loaded het with those goods,
for the purpose of carrying them to the best market.
They proposed that those goods should be sent to
the north-west coast Of Africa, and if they could
not be disposed of there, that they should be carried
to.the coast of Brazil, in South America, and then,
that the Chesterfield should return, with a. home.
cargo, if she could purchase one, to the Cape of
Good. Hope : for that purprise they wrote to Messri.
Robertson and French to effet a policy. There
was first a policy for time to continue for six
months, insuring her from the Cape of Good Hope
to the north-west coast of Africa, from thence to
the coast of Brazil; and back again ,to the Cape of
Good Hope: They found afterwards, that it was
not likely that this adventure would be finished
within the time limited by this policy, and as they
wished at no time to be uncovered, they effected
the policy on which this action is bropght ; and the
material parts of which are these :—Robertson and
French; as-Agents for the hptise at the Cape, caused
themselves to be insured; '' lost or not lost, at and
from all, any, or every port and place, where and
Whatsoever, on the coast of Brazil, aftei the 17th
of September, to the Cape 6f Good Hope, upon
any kind of goods and merchandizes ; and also
upon the , body, tackle, apparel, ordnance; muni.
tion, artillery, boats and other furniture, of and
in the good ship or vessel called the Chesterfield
(with or without, letteri of marque), whereof is
Master, undet,God, for this present voyage, Mr. F.
Brooks, beginning the iidventitre on the said goods
from the loadihg thereof on board the said ship,
at all; any, or every putt and place, where ,and
whatsoever, on the coast of Brazil, and from the 17th
day of SepterOber, ;800; and upon the said ship, &c.
in the same Mariner, with liberty to sail, touch, and
stay at any ports or places whatsoever, particularly
backwards or forwards, and to and from those under
the Portuguese Government, or any port; place,
island, or elsewhere, on the coast of South Ainerica,
without being deemed ariy deviation, and:withOut
prejudice to thiS insurance ; and in case of capture,
detention, or seizure by any Power Whatsoaier, to
Day a total loss, upon receiving documents of-her
being carried into port; and Without inquiry into
the regularity or irregularity of her proceedings;
and; with liberty to sell, barter, :achange, load,
or unload, the interest, in part or the whole, at the
island of Sr. Catharine, or elsewhere, where arid
whatsoever, at and after the rate of four guineas.
per cent. to return three pounds ten shillings per
cent. should the ship have arrived, or this risk
otherwise have ceased, On or before .the 17th of
September, 800 on goods; valued at 53,3161.
, on-ship, ,valued at I,sNeol.—and on freight, valued •
at 841." This ship sailed on the oiltward. voyage
from the Cape, and arrived at a port in The north.
west of Africa, where she disposed of the whole of
her Cargo to a person of the..narde of Nunez ; but
the Captain agreed to carry the cargo to the island
of st. Catharine.' After they had remained there for
a considerable time, expeaing Mr.' Nunez to come,
and to take these goods, agreeably to his contraa,
he never made his appearance. After staying at that
place longer than the time agreed upon, they con-
sidered themselves as absolved from the performance
of their contract, and proceeded to Rio Janeiro.
They there entered into a fresh contract with a Por.
tuguese merchant, who lived there, of the name of
Pedro Antonio Alvarez, for the whole of :his car-
go. But, by the laws of that place, if they had
landed the cargo it' would have subjeaed both ship
and cargo to confiscation ; and therefore it 'was
agreed that this cargo should be delivered to Alvarez
on the high sea, in south latitude 36, and in four
fathoms water. For that purpose he was to send two
• ships to receive it ; and in order that these ships
and the Chesterfield might know one another, the
Supercargo of the Chesterfield, Mr. Mortlock, and
Don Alvarez,. invented signals, which the ships
were to hoist. The Chesterfield set out to the

place appointed, and at a short distance from that
place she was captured by the.Honourable Capt. El.
phinsione (now Capt. Fleming), of His Majesty's
ship the Diomede, as an illegal trader. Capt. MONTI,
stone the evening before, • had captured a Spanbili
brig, and found on board a paper of signals, a du.
plicate of which he found on board the Chesterfield ;
and he also' found these two vessels had colours
hoisted in conformity to these signals, and there.
fore he captured her, and carried her to the Cape of
Good Hope. She and the cargo were libelled in
the Vice Admiralty Court at the Cape, and the
property was ordered to be restored. But the Court
there thought there was such a strong and reason.
able cause for seizure, that the captors were paid
their costs. • There- Was an appeal ,now.depending
upon the judgment 'of that Court, before the Lords
Cominissioners at the Cockpit, and as Mr. Erskine
observed, brit fur that appearthere could be no
question in this instance. If the Gentlemen of the
Jury found a verdiet.for the Plaintiffs, the Under..
Writers would have this property as salvagev pro.:
vided the Lords Commissioners • Should aflirtii the
judgment, of the Vice Admiralty Court the Cape.
From the appearances that presented themselves to
Captain Fleming, • he admitted that his condun in
seizing the ship was completely justified, and that
he could not h.sve aEted otherwise. But the goes.
tion which the Gentlemen of the jury- had to de..
cide was, not whether Captain Fleming hadl a rea.
sonable cause for detaining the Chesterfield, but
whether, in fad, the Chesterfield had violated the