The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-10-01
COURT OF VICE ADMIRALTY.
Ang4a 20, 1906.
efore his honor Henry Moreton Dyer, elu. TO-,

Bre'eias and Mary Kirner, Ckaadius Bt6t, srafey.
This veiel, failing under American colors, on a
voyage from Baltimore to New-Orleans, with a car
go OF pitch and tar, captured the coalt Of
Cuba, by the Mayhower, privateer, George John
ion commander, and brought into this port. Vef-
ie and cargo claimed as the property of H. Da,
Wis OF Baltimore, merchant.
The kings advocate, and Mr.. Mathews, argued
for condemnation, and MIR. Kerr for reauton.
Jaagmenf-'I'his vefIel failed from Baltimore VIII
clearance tor New-Orleans, but captured the
iuPpoii.ion that fhe was really going an enemys
port--n which cafe the noxious nature of the cargo
would iubeet it 10 the penalty Of condemnation Tn.
proofs Of property perfectly full, and the fact OF
the definition rs really the Jingle point Of the cafe.
Looking in the hrtt place to the documentary ev;.
dence, lind that by the whole of it, whether in the
lhaPs of bills o! ladg, invoices letters or the mani
lett, there is Made out in the fullet manner, deni-
nation to New-Orleans. will here infinitely
purdue the arguments which were ufed to prove the
contrary, but will content myfelf with imply fayine
that all the ingenuity of the learned advocates though
much exerted, has not fucceeded. according to INV
appreciation, IN throwing any dicredit upon thefe
papers This fact of deaipation 70 appearing upon
the papers, is in the fulleh manner verified BIZ the
matter and all the other perlons examined---and is
hkewile f~orn to in the claim.
Upon the evidence, therefore, furnked by the
papers and depotions, there is nothing to afIea the
cafe. But fraudulent delfinaton is attributed from
| extraneous matter.
| One material Circumstance it nun be obferved,
which uuay eXih in theie cafes, where fraudulen,
defamation is imputed namely, that the veel is ia
ken IN the aa of deviation, does not EXIT in this
cae-- In other cafes 1t frequently happens, that the
port OF actual dettinaton, requires lome change Of
cour!e Tor that of avowed defamation; and the vef,
being found in that altered courfe berays rle frau
dulen intentDot 10 in this cafe or Others which NAV
reiembie this-ior undertand it be numerically
admitted that the coure from the American ports on
the Atlantic TO New-Orleaus, in the Gulf of Mexico
neceilarily takes vefel down upon the coat of Gu
| IA, from whence DEVIATION may be made into anv
OF the ports OF that iiland, without the pofbity of
hmdrance, or of detection in the act of doing 70.
This opportunity, no doubt, opens wide door for
fraud, aud 70 corrupt human nature the facility of
evaon, will often furnih ncitement to evil Such
frauds may prejudice the rights of beperent mari
on and may affect the interets of bellger-nt cruz
zers-and the knowledge that frch opportunities ex
it, null Jn!tly route the vigilance of the court But
beyond vgiant enquiry the coure cannot 90 IL
would be too much to impute 4 latent intention of
fraud to perion, merely becalfe fraud is within
ms reach While the fame cou-fe continues common
70 both voyages, it is mpoblefor the court to infer
that veiel bound to the remote port, means to top
at the nearer one in tranEa, unfs ether circlmtan
ces exiR to thew that intention
This cafe, have faid, does not furnirh fuch cir
n
voked from the cafe of La Lbe-te capture made
by the fame Privateer, and lately adjudged in this
court.
That veiie had carried pitch and tar from the port
of New-Orleans, and by eomparilon of the papers
IN that cafe and the preint appears that thee ar
tcies at Baltimore respectively IS aad so per cent
higher in price than at New-Orleans 1t is argued
from thence that this mnenfe variance of price, and
the abioute certainty of !ols the port Of avowed
delivery, make it wholly incredible that the ve;ie
was really going to that port If this is an inference
which is not wholly founded, it muit yet he confetti
ed To have comfortable weight. have given it eve
ry Poiiibe attention, and, in 70 doing have endea-
vored to turn my mind every cafe which could
either directly by analogy, throw light upon the
Preient But, as the refult of all my reflections, 7
mul declare, that find authority which warrants
me to fay, that the defination of veei is affected
by the Jingle circumitance of her cargo going to A
bad market, Especially when that defamation is 70
dlitncy iworn to- as in the prefent cafe Were thoi
oaths out of the cafe, it would be but fair to make
Tome allowance for the variations Which NAV take
place in the interval between the origin of fuch a
traniaction and its contamination. But pailine BY
the Pohtive documents of the cafe, and following
only theie arguments of prob :jility, muff oblerve
that the Inference of fae denation ffrongly ne
gaved here by another Circumstance of this cafe in
cdental indeed, but, in this view, even fronger on
that account allude to the velfcl being charged
with commtiions Tor the governor and other public
officers at New Orleans Circumstance which fhews
that in the efmaton of Perfons of fone emnence at
the port Of clearance, this veel was really bound to
the place of her avowed dehination.
Again it has been argued that the nature of the
cargo makes it improbable that was going to New
Orleans-that fuch cargoeS are commonly exboyfod
from there, in the cafe of La Libere but they are
never sboyfd there Thee points are not in proof be-
fore the court but in reply to the argument, may
oberve, that the beft authorities on fuch fubetas
have conceded much to the varied and multiplled
combinations of modern commerce.
It has alto been very weightily prened upon me-
that extenve frauds OF this nature in daily prac-
ticethat if the court fails lay its mark upon this
cafe fch frauds will be continued and encouraged
that is the time to fay whether fch practices are
to top or to go on
lam far from maintaining that the court is to hut
its eyes, and be inGenibe to the pang tranfa6lons
of the world the contrary, they NUT lometimes
have proper influence in guiding its determinations
But NUT notice that the vigilance Of our cruifers
has not hitherto innruaed the court, in one Jingle
inance, that fueh frauds are in daily praaiee and
am now fitting here, for the irt time informed Of
its notoriety by the learned advocate.
How the decifion of the court on this occafion
have any influence in proteaingin other inhaucrs
fuch frauds fad to exit, ! canno; conceive e.
very cafe muft according the mild doctrines of our
admiralty law, fand upon and be judged by its own
merits, and if that doSlrine is particularly appi-
cable any clafs of cafes than another it to the