Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1805-11-02
FROM TIE CHARLES ron COURIER.
REMARKABLE DECISION
IT the Tribunal at the Havanna, upon a

~ the Tribunal at the HavGnna, upon a
BiHgf Exchange.
AS this was decision upon case unat.
tended by any circumstances of ambiguity !;
upon bill of exchange regularly drawnfor
value acknowledged to be received, and
actually received at the time of drawing,
it may not be amlss to give it publicity, thai,
the public may know how to appreciate bills
drawn in that place (the Havanna) in the
event of the drawee refusing to honor
them. To Judge correctly of the nature
of this decision we premise the outlines
of a contract, which led to the drawing of
the bill. |, S A. purchased Of N. B. a
ship, for the purpose of making voyage
TO the Havana To effect that voyage il.
was necessary for A TO put the ship under
the Spanish flag, and the conditions of pur.
chase were, that if A should think proper
and should be permitted by he governor at
Havana to restore the ship to the Ameri.
can Gag, IN that port, in that case, it should
be at his option to reconvey the ship to B.
he Az. paying to b. considerations stpu.
lated in the contract, for the run of the
ship; but in the event OF his not wishing,
er not being permitted to restore the Ame-
rican Gag, IN tina, case it was stipulated for
him to hold the ship, and to make payment
for the same to 3. by bills drawn by N. F.
to whom the ship was addressed, on him
(A.) in favor of B. The American aar
was not per m;tted to be restored; bills were
drawn on F. agreeable to contract; A. re.
fused to honor them; they were protested
and returned to the drawer, F. who also re-
fused to make payment. The bills were
now laid before the consulate, tribunal of
high authority, and TO whom subjects of
this nature are required to be referred.
The Spanish laws upon bills of exchange,
like the English, admit of no plea to be
brought in bar to the payment of bills re.
gularly made; & even ,hough!a valuable con.
siderasion should not appear from any'other
evidence than the declaration in the bill.
to have been received, still the drawer by
the &C: of drawing binds himself to pay in
default of the drawee. Such is the law.
But in the body of the bills laid before the
eonsalado, there was not only declaration
but the property making the consideration
was designated F. was cited before the
consulsdo, and there were but two possible
questions to make: Did you draw these
bills Yes. Have you been regularly
notified of their non-payment? Yes
There was no doubt with any merchant re.
latve to the decision of the consulado, and
that it would order the bills paid. It has
decreed, however, that F. ought not to pay,
because he received no valuable considera-
ton though the face of the bill declares o.
rherwise, and denominates the con.lderati.
On rcceiyed-the decree adds however-at
present. But if F. is exonerated On the
grounds assigned by the consulate, it is
difficult to comprehend how he is to be.
come liable BY any lapse of time. 1t is the
nature OF injustice to blundsr into nonsense
and absurdity.
At tribunal where sense of Justice il
but secondary motive it cannot be expect.
ed that an intricate subject will meet We.
ry scrupulous investigation. A degenerate
spirit is incompetent 10 discriminate accs.