The Sun.
London, England, 1818-10-16 00:00:00

NOVA SCOTIA.

The SUBSTANCE of a JUDGMENT delivered in the COT7RT
of VICE-ADMIRALTY at HALIFAX, in Nova Scotia
on the 24th day of August, 1818, in the CASE of the
Schooner NABBY, THOMAS STANDLEY, Master, by
CROFTON UNIACKE, Esq. Judge of that Court.

[Concluded from Yesterday's Sun.)

It is admitted by the claimant that this vessel
entered Pope's Hal bout, in the Province of Nova-
Scotia, and it will be necessary to consider the
facts of the case tinder two heads ; first, as to the
cause of her entering that port ; and secondly,
whether any thing was landed or taken on board
%%bile she remained there.

The. -master of this vessel has given his testi-
moil to both points; to the first he says, They
went into Pope's Harbour, the weather was thick.
and when they made the land they town, them-
selves neater than they expected ; and being
scant of water, they went into that port for the
purpose of getting some, and with no other inten-
tion whatever," and yet to the very neat question
almost ire answers; " They had abundance of
provisions, stores, bait, wood, and water for the
voyage, at the time they left their own port, anti
were not apprehensive of any deficiency whatever
of any of those articles." This account, as re-
spects the cause of her entering the harbour, is
confirmed by another witness, with the addition
that there was a deficiency of wood.
To the next point, as to what was landed or
taken on board, the Master declares—" They did
not land or put on shore a single article of any
kind except the seater casks, which they tilled.
They did trot receive on board any articles what-
ever except two dollars' worth of bread, which
he bought of one of the inhabitants of Pope's
Harbour." Again, " neither himself,or any person
on board, either bought or sold, bartered or ex-
changed, any article or articles of any kind or de-
scription whatever, except the two dollars' worth
of bread be has already spoken of." Another
person belonging to the vessel says to this point,
That a quanti y of wood was taken on board in
their own boat." James Midden, a midshipman
of his Majesty's ship Saracen, who has released ail
his interest in the event of this cause, and comes
before the Court both as a competent witness,
and as one to whom the highest credit is
due, has given his testimony in these words,
" That he understood from the crew that
they had procured some wood, and that if they
should stand in need of it they expected to supply
themselves with wood and water from this coast."
" They informed him they had been in at
Pope's Harbour, and sold sotne boots, for
which they had not got payment." Flow
such contradictions are to be reconciled I
shall not stop to inquire ; sufficient appears to the
Court to shew, that this vessel entered a harbour
of this Province, and took certain articles on
board, and that if it were essential to the prose-
cution in this cause, a traffic, to a certain degree,
was actually carried on. it remains to consider
the defence which the claimant has thought pro.
per to set up to justify such proceedings.
A claim has been filed, to which is annexed an
answer to the allegation under the oath of the
master. In this answer two grounds of defence
are taken quite inconsisteut with each other,—
In the first place it is said, that actual distress.
arising front the want of water, obliged them to
enter the harbour ; and that they did not claim
a right to approach the coast, or to enter the
harbours, bays, rivers, or creeks of this Province,
under pretence of fishing, or for any purpose con-
nected with the fishery. in the second place, it
is boldly asserted, that, as citizens of the United
States, they have a right to engage in the
fisheries on the coasts and in the harbours of this
3 P!.ovince.

Tire liberartv which was always extended, by
the eminent Judge who so long presided in this
Court, to parties whose interests were committed
to its care ; and the iodulgeocies whi,Alre grant-
ed to practitioners as to the forms of legal pro-
ceeding, will not allow me on this occasion to
restrict the claimant in making his defence as he
may be advised. But I wish it to be understood,
that the proceedings must nut assume a character
which can only tend to perplex the Court, and to
prevent the only object wnich parties can be per-
mitred to seek in Courts of Law, the administra-
tion of justice through the medium of noperverted
truth. And I twist confess that this defence pre-
sents to the Court a contused picture, in which
the interestiog colours of distress are awkwardly
thrown over the obscure and almost tailed outline
of rights, once clear and acknowledged. Such as
it is, however, 1 .hall consider it, and this fo-
reigner shall not be permitted to say that be was
refused to be heard by a British Court Oil every
point he pleased to assume, and in every way
in which he thought justice might be attained.
The first ground then is, that this vessel came
into a harbour of this Prokince in distress, and,
without any pretence of right, sought that relief
from the inhabitants of this Province, which the
people of the United States, in a recent instance,
had most generously and nobly extended to the
inhabitants of a British Colony. And most as-
suredly if a case of real distress is made out, there
is an cud for ever of this question. It mii,t be
buried in those feelings which, .1 trust, will ever
be dear to this Court, and in the exercise of which
it would hope to derive more satisfaction, than
can ever arise from the rigid execution of the
laws. Real distress is a passport even through
the savage land; it appeals ar once to sentiments
universally felt ; at its approach the rigour of
law is softened, and the violeoce of war becomes
composed by the sacred influence of humanity.—
And where can unaffected calamity seek a refuge
if it is denied it on a British shore ? lotrepid its
the defence of its tights, stud lenient it. the exer-
cise of them, Great Britain requires nor its (tar-
hours to be closed against the stranger, who seehs
a shelter from the tempest, or who asks tlie sup-
ply of those deficiencies which unAvoida'rle
necessity may have created. Tire private Lon-
tributions of that country have cheered the
hearts of the afflicted in almost every land, and its
public treasuries have been exhausted in yi4ling
protection to every nation, whose people songht
an asylum either in its bravery or its rmuri;rs.