Star.
London, England, 1807-11-05 00:00:00

LAP/ INTILLIGENCF..

fRIZE COURT OF ADMIRALTY, NOVEMBER 4.
Before Sir WILLIAM Scorr, affided by two of the
Trinity Mailers.

THE DANIPH SHIP INDUSTRIE.

This was the cafe of a neutral 'hip, captured off
the Dutch coaft by one of his blajelly's (hips of war,
;mon the fuppofition that the was making for an eae
sty's port at the time of the capture, contrary to the
Order of Council.
On the part of the captors it was Rated, that at
the time the prize in quellion hove in fight, fhe was
fleeting a north eallerly courfe, diflance about three
Dutch miles from the port of Fluthing ; that a pilot
boat was feen to come out of that harbour, and (leer
ciiredly for the prize; that when the captor, carne
op with her and hailed the Matter, to afcertain whi.
then fhe was bound, he anfwered any where for a
market; and upon examining the veal herfelf, they
found that fhe had her anchor ready to let go, and
every thing prepared for mooring the (hip when flie
fhould arrive at her proper birth. Under thefe cir-
cumftances, the captors contended that there were
(efficient grounds for her detention and ultimate con-
demnation.
On the other band it was contended, on behalf of
the claimants, that fhe, being a neutral (hip, was
bound dired to Tonningen, there to wait further
orders; that her courfe being S.W. and the wind
blowing a dire& contrary way, with a frefh breeze
from the N.E. the was under the neceflity of making
frequent tacks, which mull confequently bring her
much nearer the. Dutch c-aft than (he fbould have
been, had (be been able to fleer a dire& courfe • that
at the time of the capture the was upon one ofthofe
tacks, but with no intention whatever of entering a
patch port; they admitted they did fee a vete' put
off from Flufhing and come towards them, but of
that defcription the was they could not tell, and
wholly denied that they had made any fignal for a
pilot. With refped to the anchor being in readinefs
to let go, they alledged that it was nothing more than
frnall kedge anchor which they occafionally ufed,
to flop the tide when it ran againft them, and for no
other purpofe.
The Learned Judge having heard the advocates
ion both fides at great length, oblerved, that at the
time the capture was made, the veffel in queflion
was undoubtedly going an interdiflcd courfe ; and,
being an interdided courfe by the authority of this
country, it was the duty of mailers of neutral (hips
to refped that authority,nor only to preferve the rights
of nations in time of war, but to prote& the interefls
_ .

of their owners, by &idly obferving that line of duty
which would prevent a fulpicion of a breach of fuch
rights. With refpee then to the courfe which the
veirel was in at the time of the capture, there could
he no doubt of its illegality ; the only speltion, there.
fore was, whether in the profecution of her voyage
to her defiined port, there was any phyfical cattle
by which this vetrel could be brought into the fitua.
Pon fhe was found in at the time of the capture, and
this was wholly for the confideration of the Gentle.
men who affifted him on the prefent occalion.
The Trinity Matters were unanimous in opinion,
that there could be no caufe for 11-e captured being in
fuch a fituation in the due profecution of her voyage.
and that they muff have been !leering dared for an
enemy's port.
The condemnation of the fhip, as a lawful prize,
was accordingly confirmed.
THE SHIP LE anti A•EKTURE.

this was a quellion between the officers and crew
of hisi Majelly's (hip Albion, and the reit of the Breit
fqnadron, under the command of Admiral Corn-
wallis, in June 1803; and was, whether the captors
were-entitled to (hare the prize, conjointly with his
Majefty's frigate the Naiad only, or generally, with
dm whole of that fquadron ?
This cafe was made up of two quellions, both of
la*and fat ; the former was, whether a Blip belong-
ing to a certain fquadron could capture and folely
bare a prize chafed and taken, without the orders of
the Commanding Officer of fuch fquadron? and the
fecond, whether the capture was made within fignal
dillance of the fquadron, or otherwife ?
There was a confiderable mafs of evidence pro-
duced upon both fides of this cafe, confiding not
sly of the depofitions of many witileffes, but alfo
if extraas from the log books and journals of molt
of the kips concerned or interefted in the tranfac-
tion.
The evidence on the part of the captors alledged,
that, on the evening of the sth of Jane, 18,3, the
Naiad being one of the Brett flzet, and having made
two Valuable captures, was ordered to proceed with
her prizes to Plymouth, and about half pall fix
o'clock the following morning, a Orange fail heaving
in fight, the Albion, another of the tquadron, was
ordered to chace her, and at the fame time the Ar•
dent, another of the fquadron, was alto ordered to
look out for prizes in an oppofite dircltion. The Al.
bion, in put fait of the ftrange Ship, deered a C(11.11fe of
N.N.E. and the fquadron continued on the fame tack
until about half palt eight o'clock, when it tacked
about to the S.S.W. in order to refume its original
Ration off Bred. About ten o'clock the Albion came
by with the titange fail, which now proved tobe la Ve-
treuille, an enemy's !hip, which the-accordingly cap.
toted. While taking nut the prifoners, and about i a
o'clock at noon, another ftrange fail was difcnvered
to the N.V.W. at which time the fquadron was
wholly out of fight, and only the Naiad and her prize
rn view. The Albion immediately gave chime, and
about fire o'clock P. M. came up with and captured
, ls Bon Aventure, the chip now in difpute, the (qua-
, thin continuing all the time nit of fight.
Upon thefe tabs, the Learned Advocate for the
captors contended, that they were entitled to (hare
conjointly with the Naiad, and not with the whole of
the fquadron.
On the other hand it was contended, from the
great contrariety of evidence, both in the teltimony
of the witnefres, and the variations in the feveral ac-
counts tweeted from the log books and journals,
that the probability mull be taken that the fquadron
Wu in fight from the commencement of the chace
to the fubfequent capture, and conlequently entitled
to a partition of the prize money.
After nearing the arguments on both fides at very
confiderable lengths the Trinity Mailers were deci-
dedly of opinion, that, upon a companion of all the
log books and journal:, of the depofitions of the wit-
noires, and the probability of the fads themfelvess
lee fquadron, nor any part of it, euuld not podibly