Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1801-11-04

vcndce; and MAI! not breas in upon tbe
laws of Ruiiia.'
Mr. Erikine faid, he put the cafe in this
way-lf theic gentlemen bad indorfcd the
bill OF laiing TO MIR. Walton, and MIR.
Walton had tranlinirsed ir TO Britith fub-
jet, then as between two Brit;.h fubie0s,
the law of England mutt have given the
rule. But he reqoeRed the gentlemen of
the jury TO con!ider what this cafe was
Mr.. Walton tends thsle goods beyond the
t.as-he draws bills-the conlignee accepts
ehoie bills ar Hambursf, and they are af-
forwards paid. He has no knowledge of
the Englifh law. He conceives he has
thar right which the law Of Denmark gives.
lie accepts the bills, and that gives him an
authority to receive the goods, provided
the drawer and the conGgner of the goods
appear to have right to convey them.
To be fore, when every thing was laid be.
fore his lorcihip and the gentlemen of the
Jury, it that did not amoant to proof to ia
tisfy his lordlhip, he mutt retire from the
caule. The defendants laid cafe before
the mott eminent perfons in the protection
OF the law; there know his lord(nip will
not, oecauia he cannot, receive the autho-
rlty OF what are called, in the civil law,
the reiponla p1udenrum. And the courts
IN that country would not give the law
upon any point, unlefs -hey were required
10 to do by requch or communication
with court in England. If his lordihip
thould be of opinion that the law of the
place ihouid govern the CONTRACT, he would
put the defendants preciicly in the fame f.
tuation as il they were fubjeets of ,ha,
country. For the cafe being itated, as he
had then ftated it, TO perfon eminently
KILLED IN the law of that country, the re-
iult OF his opinion was, that the confpnee
could only look to the title of the coniien-
er. He could not place himielf higher
than that title; and therefore, althe' the
coniignee had accepted and paid the bills,
ne had no right to the cargo, becaufe the
perfon through whom he derived title, had
no right TO 1T, not having fulfilled his
part Of the contract.
LordsKenyon-" That was the opinion
chief baron Eyre hrf entertained on the
iublett. But | am very clear it mutt be
decided by the law of England. And
believe 1t is The more convenient rule of
trade. | believe the convenience of trade
from Cape Horn to the Cape of Good Hope
calls for fuch a decifon.''
Mr.. Erikine faid, it would be fatisfac.
tory III could be put in fome way of OBJ
tanning the judgment of the Court of
Kings Bench upon it.
Lord Kenyon" | will never refnfe TO
relerve caufe on luchl authority. fhall
be bound, however, to tell the gentlemen
OF the jury. that the cafe is with the
plaintiff. If you think, upon conGderati-
oo' that you can make any thing of it,
you may bring it before the court of
kings bench. The great Object, mott un.
doubleday, of all judicial proceedings, is
to do jufice. But another, and by no
means an uncomfortable object in the adj
miniitration of jufice is, that mankind In
general ihould be informed thar the court
has taken all due pains to decide to their
fatisfaetion.''
| difficulty to afcertain the precife value of
the goods at the time they were fold.
The Jury, after fome conversation on
this point. and after aiking fome queRions
OF one of the Witneaes, relative to the va
Tue, found Verdict for the Plaintiff for
lz5ol. with leave of the defendants, if
they thould think proper, to take the Cpl.
mon otthe Court on the Law of the cafe,
Loudo" Sa1, Of Sept. z, iSoI.]
MAD DIT EtJEhD 30