Star.
London, England, 1823-11-26 00:00:00

ual:mAirtrAz kon
• . . (..

-.
,-~

Pottnitotrrst, Nov, pt.—This meeibitig irKelbettl"
Molest?' ship HoittoN ejsitti.n }hails, c.v._ baiting
on board Admiral Sir A. LirOcHRAN% Gt. B. COM-
mander-iti-Chief at Plytionth ; also CiPt4in utni44;
and others, to attend as "witnesses, att. on the Conn;
Martial On Captain HARRis, for which every prepoo7
don. is making on board the Quiew CHARLOTTE, in
our harbour. Admiral Sir .7.* H. Wntroncn, K.C.B.
our Commander-in-Chief, is appointed PreAdent. It is
said the other Members of the Court will be formed
from the following Officers, should they not in the inte-
rim be ordered to sea:

Captain the Hon. T. B. Cant. C.B. Royal George yacht.
Captain JAMES Nasn, Queen Charlotte.
Captain Sir Mr. Ilosit, Bart. K.C.B. Albion.
Captain H. E. P. SWAT 1311AeMill. •
Captain B. C. DOYLE, Glasgow.
Captain HOUSTON STE;7ART, Menai.
Most% Gartrubtat,Eaq. Deputy Judge Advocate.
The Court-Martial has excited much interest among
the naval characters, Be.c. in and near this port. This
intetest is the more increased, from the fact that Mr.
Secretary CANNING and other distinguished characters
have been summoned ;;.- witnesses. Upon their arrival,
which is exnected to take place in a day or two, the
Coon will ee immediately formed.

HIGH COURT OF ADMIRALTY, NOV. 25.

THE JONGE EICOLAUS.

We have on a former occasion reported at coasidera-
ble length, the proceedings which arose upon a ques-
tion of stivage effected on this ship. The Court, in
giving its sentence, referred it to the Registrar and Mer-
chants to rbport what part of the cargo might be sold
duty free (under the late Act of Parliament, 'in respect
of the remission of duties on salvage goods), in order
to defray the salvage decreed. By this report, it ap-
peared that a very considerable part, indeed, if not the
whole of the cargo, was to be sold as free of duty; an
an exemption which went to occasion so considerable a
loss to the Revenue, that the Commissioners of his Ma-
jesty's Customs took an objection to the report. The
matter being this day argued,
I.ord SrOWEI L held that their objection was entirely
well founded. It was ect to be contended, that owing
to any accident cr- miLiort one, which arose out of natural
causes, such as the perils of the sea and of storms, and
was in no u.ty to be imputed to any negligence in the
Government in providing light-houses or harbours, the
revenue of the State was to stiffer to an extent that might
prove enormous. Counsel had, in their argument, ex-
tended the construction of the word " salvage," in the
Act of Parliament, to the whole of the cargo; whereas
the Act evidently applied it to a part only—such part
as, being sold, might raise a fund for the payment of the
salvage to be allowed to salvors. Although this ar-
rangement might fall heavily, to appearance, on the
party or owner, where goods might happen to be st-
lected out of a cargo for this purpose, the remedy would
be provided by apportioning the loss generally among
the owners of the remaining cargo, agreeably to the
principles of commercial distribution in cases of jettison
or of jactance. The Act of Parliament. which was in-
tended to relieve salvors from the liability they were
,formerly under in many cases, of having their stipulated
remuneration absorbed in the duties payable upon the
goods salved, was evidently meantto embrace only such
a.portion of the cargo as the sale of, free of duty, would
suffice to yield the quantum of salvage agreed upon or
decreed ; and with this limitation the provisions of that
statute must operate in the present instance.
The Court therefore confirmed its former decree, and
directed the partial remission, only, to be allowed in
this case, on the principles it had laid down. The Court
considered that the Board of Customs had acted most
meritoriously in taking this objection in the manner and
on the grounds that they had done.
- A few warrants for head-money.were granted,endar
of a peculiar interest as to the facts of