The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-11-08
FROM THE NORFOLK LEDGER.
NASSAU, IN. P.) Oh. s.
COURT OF MECHANICALLY.

COURT OF vIcE-ADMIRALTY.
Tuefday, Oa. l, 1905.
Before His Honour HENRY MORETON
DYER Efq. fole Judge and Com military.
ADELrNE, STRONG, MASTER.
William Wylly, Efq. His Miiefty's Advocate
General, Council for the Gap,ors.
William Kerr, Efauire, for Claimant.
Advocates having been heard on moth sd..
His Honour delivered the following
JUDGMENT
This is the cafe of an American yeITeJ. can
tured by bis majefty's nip Stork on the eetb of
Auguft laft, on voyage from the port of Ca
vanas in the iiland of Cuba TO Norfolk in yir.
GINA. The captors have commended for CON.
demuatlon upon two grounds-Firf, refDeeiinp
me PROOF OF property--and fecondly upon the
POM OF law as to the nature Of the trade. As
10 the hrit they Rate, that Count Yruio holds
an executive contraH for the i,,or; ,t;on ~
hour into the Hand of Cuba, and that the wi.
dow Poey and Hernandez, The conGrnees of
the outward cargo and the LADDERS of the prefsnt
o''e' are inc agents of the court, and as finch
tranisct his bufneis-from which they infer
.nat TINS property is theirs, and atItrt tina, Mr.
Moies Myers" in whole behalf il is clained
was IN the habits of covering enemy's propertv
during the late war. AS to all theft. aronnrntS
can only fay, that the circumRapcc tb-y
charge are not officially known to the court
that every cafe muf nand upon IFS own fsf},
ana documents; that there are in this particp-
lar cafe the fnlleft proof of property. .-aiun
Wh'ch general iurmiies of probable fraud and
escep.'oh cannot Jufiy prevail. 1t is ALTO FAT
ed that there is no Tea letter for the
age, though there was one for Former - tIA
lame Description; but from whatever Can't this
deficiency may ariie, iilall not flop to eronre
when md among the papers that beA. nnaG
a"thehuck andfolemn document, as 20 tb. nro-
pert! OF the veiiel, mean the reriaer.-It ;s
iorthcr urged, that the parties themtelve. mrG
nave been aware of their defective nroofs 90
they have added certificate of Exhibit No =
!the kole OF Equipage) not required Inv I.u
out as lind this certificate frequently anpeved
TO that initrument, and it even anpears in
printed forni' do not think it deferves G1ch
an 'mPutat'on. And upon the whole tbinI
s,'ls hr't ground OF the captors argument ava;ls
The fecond ground. respecting the legality
W tne voyage ! think of more importance.
onael 'll,' mead II lsaiierted by the captor's adj
Vocd'e, that the prefent cafe is perfectly 6m;l,r
TO that of the Juno, Packard. which I,,s i"'"
Cured in this Court. This is denied -, ".
par' OF the Claimant, and diftinfon is at,ern.
ted between the two cafes, which makes il ma
,e'ia'' that the circumstances of that caE ihould
oe unneritood. The Juno was the cafe of an
ni'ef1Gan vefti, with cargo of fI-gar. moI,c.
les and coffee, captured on yovsTe from tbs
port OF MataDzas in the iiland of Cub, to DhaJ,
Inland having carried in her outpysrd ro'
IRON Rhode Hand, cargo of drv Goods a5d
provlions to the HAVANA, whence f,s &C., 80
wards proceeded to Matanzas to take nm ho,r,,
d cargo IN return. Matanzas appeared 70 he =,
port ct entry and the fhip obtained her eliza
. no'' tne"ce' me proofs of property an
W W inc court iufiiclent, and the court was
o oe "ne.'eG oy the queition as 20 the legality
e udue. upon that location, the doc
trines as to the enemy's Colonial tr,ds 80
largely diicufltd at the bar, and exnl,;,sd -.
length from the bench. 1t was 0ate5 nr loh.te
o. the captorc, that the trade of tic SnaniG, o.
ZONES was IN general, guarded by verv ar;ta
honoPo'y' That in time of peace n FOREIGNER
coui'r nave no accefs to any part of the exten.
"Vs .'fnu Oh Cuba, fave the city of Havann,
and that the privilege of trading even 70 ,ha;
port was clogged by numerous rear;a;oos a,,,i
very enormous duties: That during rho ,,roc
ihre or the late war, it had been the noI;rv &c
inc opamih government to ENCOURAGE th,. sd
oi neutrals to that port, by dirnini(hing the
uuu go. ana impending many ofthe reftri6tions
'N' 'n"' it''i l'ls trade was confined To fbe Ia,
wanna, whittier the produce of the vho1e it'd
winch was defined to pats in tb, f,sc;ss IS
barter, was carried from all th- otber 800
OF cuba: That the trsnfportation of this nro.
duce, owing to the general want of roads. and
tne extreme difficulty of interiour commn,i,.,.
tion In an ifland fertile by nature. bnt ,tie ~"
proved by art or indultry, was neceG,,-;Iy 40
aimoit exclufiyely Affected by matitinc ,c,vs,,
ance: That upon the breaking out of tbe rrs-
tent war, the Spaniards had, in a more esten.
I'VE degree than upon any former occaGon re-
lorted to their fyftem of neutral fupnlv. rLa,
they had, in fact, taken off the rcliriff;ons snJ
lett very fn,aIl proportion Of the duties. and
that, becoming thus literally fupplied from, a.
theTs, they had put under an embargo all tbeir
own veiles, which had formerly been engaged
N their foreign trade, and thus efFeauallv C,,ed
them from the dangers Of war. That GiI. how.
ever, the vcdes WbiSh carried their rrodur.c
coaitwife to the general mart of the Ho7,oyy,
Commonly called DyogberJ) were exvofcd 20
Our resGryg sUR yea,ezj.e ftet 6es, :, =. H..
on1Sahon 70, BiSyamaIt than fBs iue.,fi,,,e. If M,
H9TosREr GENERA B'rLhT, 4obo xg5vtID., E,.,, 49,,
70 male q6cfioq ar Jt, a. Eosd,jons. If BE- 6sJo
6rca ina fiVfiisa 70 fsrf Lis /,ss s5eSifv,, E,,s.
pe,ioa sebo tsercs a' g1afeDs1 a1sao..S. v,U f,.o
Mr. hsfcyn .tDgeyks 4ei1 s5s ssasez6. and I.;,,.s
~ rig S1a