Star.
London, England, 1803-12-09 00:00:00

osermata S.

SNIP CHRIS •III• -n i. WA, an appeal from a (en-
tente of the Adinitahy Court at Gibraltar. The
neutral Swedilli fh,p Chtiilina had made a voyle
with a cargo of Salt tem Sweden to Vigo in Spain,
and had there taken in a cargo of fillt nn a voyage to
Genna, on her voyage to which place (he was cap.
Lured by an Englellt entice? l At the time of the cap-
tote fite ltAd no boat tl stzto dollars. being the au scunt

of h,, freight on the former vc:—. - 2 i.7.'m ss'esi.e.l" t.'3
Sp tn. The Captain of the C.:• •.: . . :::ii.int: '-.7r.-.
fell it.orttitt cf i1:.7 Bay of Giiitaltat, a rt-7e in., ;...r
was put (et board by order ol Ci.;t..litt t>evou hire,
the captor, in in dtr to conduit her to Gild altar; in
entering which late a: night, rk •Ao foci of a p iiacie
privitteer, and receitted coa:iderable damage. A
florm cab ling on the for.owin3 night, befit c the got
into the has, hit was t....rtv.:—. on thoie, by w:ile.ti
Means the cargo was alroto witiiily flooded, and the
thi,-. lo notch ci int:tged as to t:•rder her incapable
of repair. Piocze,liiig, being itiiiitiited in 0: 2 Vice
e*.driiiralty Coart at Gil:rid:at', the ;hip and cargo,
with the dollitrs tin board, were c aide:tined .t, law-
tut mize to tfe captors.
T',!e Tic:lion; upon Inc appeal wttre, In, Witether
the freight on the ii: it voyage w.ts ctirfirza'Ac ?
.1n i esliy, Wlictter this, ta.:ing :t rico:rat Lop, and
not eitgamt-ed in an iiie:Tal trai:iC at the time of this
C.,ialitc, the captors were hot liable to ma!,c g vial the
value of the II:1p to the owners; be;ag hid titrough
the i:npt per c indzia of the prize matter.
1)r. Lawarscx and Mr. Warta, for the Appel-
lant.—" ‘Vich retPecil to the dollars, which were the
amount if the f: tight of the lira voyage from Swe-
den, the question is, whether the proceeds of an ille-
gal voyage are feizable wherever found, and at what-
ever diiiance of time from the conclufion of the voy-
age ? If fuch a propufition is maintainable, it may-
be carried twenty years back, fur it mutt be impoirs-
hle to prefcribe any limitation to filch a principle.—
But was this an illegal voyage? It is true, it was a
cargo of fait on Sparta ace-ant; but it mud be
admitted that, Although, according to the old flrift
law of natioi.s, filch a cargo might be confifcable,
yet, according to the prefent milder prattlice, ftich a
cargo, in a neutral !hip, is fubjeci only to the right
of pre-emptiou. With refpeht to the article in the
Treaty with Sweden in i 661, by sshich fuch cargoes
Are declared contraband, it has in all late inflances
been relaxed, and the fame rule applied to that coun-
try as well as other nations.

" With refped to the fecund point, Whether the
captors are liable to mike good the value of the [hip
drivel, on (tore by the mifconduel of the prize.maller,
it is clear, that if the captor had no right to detain,
then, even though the lofs proceed from Accident and
not wilful negled, yet he is liable to all the colts and
damages front the detention. The Captain told the
prize mailer, that he was entirely ignorant of the
Bay of Gibraltar, and this lofs is attributable foltly to
the confirmed negled of the captors. Under thefe
circomflance, we contend, that the dollars on board
were not liable to forfeiture; and that this lofs, having
arifen from the milcondud of the captors, they are
bound to make good the value of the (hip, with in-
tereft from the time of (ale, and alfo pay the freight
upon the cargo."
Sir Jour NICHOL, for the Refpondents.—" This
(hip was bound on a voyage, from an enemy's
country, with a cargo belonging to an enemy. to a
port, which mull be cenfidered as being at that
time the port of an enemy. All the country round
Genoa was then in the poireffion of French armies,
although they had not adually marched intothetown. •

It is true, we had not declared war againfl the Ligu
rims Republic, for it w:ts not then formed : but Ge-
noa hart been long confidered as a French port.—
This, therefore, mutt be taken as a voyage from the
port of one enemy to another ; and it is clear, that a
neutral cannot be permitted to carry on fuch a trade.
With refpea to the article in the Treaty with Swe-
den, in the year 061, by which even s cargo
provifions to an enemy's port is declared contraband,
it has certainly never been done away. It is true that
it was not enforced to the extent of forfeiture, in the
cafe of the convoys of corn in the years 1794 and
1795, but it has been by no means abandoned or
given tip. Bit, independent of this queflion, the
Inela file: in the condua of the Captain, in fuppreffing
the place of his real declination, for he pretended that
be was bound to Leghorn, is fufficient to authorize
the detention; and with refpea to the dollars, there
is no proof that they were the payment of the freight
of the firft voyage. There is a mere certificate that
fome freight had been paid, and the e;portation of
fpecie was allowed. There is nothing to prove the
identity of the money.
4, I admit that there is no decifinn which holds
that this fhip was confifcable ; but in the cafe of the
Emanuel, which was exaaly fimilar to this, their
freight was not allowed, the voyage being illegal,
and this is evidently in the courfe of an illegal trod.-
aaion. In the cafe alto of a neutral fhip coining from
Alexandria, having been employed to convey French
troops from Toulon to Egypt, and having on board
bills on France in payment, there our Courts refuted
to grant her any aid : for, if a neutral (hip lends
hertelf to the enemy, in a perpofe holfile to this
country, we ought not to ant her, by allowing her
freight on fuch a tranfaCtion."
1)r. LAWItil4Cg--." Alexandria was at that time
a blockaded port."
Lord Rosacva —" What right had this King's
(hip to feize this money on board 1"
Sir Josa Ishcmoc.—" With refpea to the third
=ciliation, that the lots of this (hip was owing to the
wilful negleCt of the captors, it is by no means pro-
bable, it being as much their intent!, as that of the
owners, to take all paffible care of the
Although it is true that captors are in egrarpollef-
lion of a fhip, yet they are not anfvrerable for any
unless it has *filen from their own wilful an-
glea. It is Paid, that the neutral matter ought not to
have been continued in polTellion ; hat that is a mere
matter of discretion in the captors. The mailer did
not &fire to have a crew put on board, or the com-
mand taken away from him. He merely faid, that
he was ignorant of the Bay of Gibraltar, and wanted
a pilot. It is clear there was no wilful neglea, but
ibet the lois arofe from mere accident. The fhip
Came Into Gibraltar at eleven o'clock at night, ran
foul of a polacre, and was afterwards 101 l in a violent
Borm. The quedion is not, whether the lois aro('
from the injudicious condo& of the prize mailer, or
the infofficiency of the cables t but whether it arofe
from wilful neglett or not f"
Lord Itosscra—., The damage evidently arok
from the prise mallet's improperly pritti.-1 out the
(beet anchor, and being a bad pilot."
Juoc mire r —ln favour of the Appellants for the
amount of freight on the cargo of fills to Genoa
and silo for reitiruri ,n of the dollars; and payment
lof the value of the (hip, with interell from the time
of tale. The cargo declared to being to the King
Srsio, and hat tv cot hfcation, fubjea to freight.

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P. •

Lfj..„ Di N

A!!LITARY rinNs.

WAK•CII I',.(.t.;TAFR R.

man. y Cavalry..

~.

Gcnt. V. ht. Sureon•
Argyllshire Voltivter Infantry.

.“1.1 C.ivAil v.
I. c tv.l.! 'ot. Coro,•1
tut.: t;... r..; ' (:.'nt. to :it L.hr.At.11)..•.-
v a •, C•-11:•-t.
Sowyri,t Gentlemen and Yen.
nuni v Cavalry.—C.:lle C.:ry

;.)l)e Lilutetl.l, 1Vorc11,1c:10::.1, w7d
(;..or. to Lr (',•rn,t. vice
\Vitt I.cginicut of Somerset Gentlemen and Yeo-

jt•im G:11!. to be C:ornt!, Jerrics, rcf;;l:cd; and
11. r:. I:. : tube Corr et.
1\ C:ntlemen and Yeomanry Cavalry.
S;,cliccr, (krt. in Iv: Su77rt.n.
V. ,on :Niltnon to he C 111.1,161.
Arbroath and Sr. Vi!ean': Volunteers.

4 ‘.l .71lie. and Jame.; Gottall, k iqr,. to he C.tp;;:ing I Pa-
t t...k :udittand Jt.tto t.t be I.s...lteattut. ;
J...;lll:fott, and John Gond.,li, Gt rt. to bt 1:;:ltgua.
Aram:el Volunteers.

Puncan C:m7.b,11, Cent. to be .I.i:eenant, vice James Campbell,
: Erlign in the wit Foot.
*1! 114.. M F.rLnr, Gcnt. to be Lieutenant, vice Dnnald
Licuteman in the Argyleibire
BrAnwell V.,l,inteer Infantry.
c.rorze I n!. t., Feign.