The enquirer. [volume] (Richmond, Va.) 1804-1815, 1806-04-18
Before tie Right Honorable Sis William Scott.

BEsNExs, Mater.
Before tie Rig5. Honorable 81, NIliiau Scott.
SEHrxxcx.
Court--This cafe is Of very comfortable impor-
lance in point of the value of property and in point
Of the extent of principles which it might isvove
1t is American flip going from 4Anlterdan where
the had delivered cargo from Canton, and GO
ing back again with cargo taken in at Holland Tor
the purpoie of being dpofed of at Canton, there
mother cargo was to be put On board and from the ge
neral papers ihe appeared be defined again for
Amiterdam There is \ fort of information that fhe
was to come 10 Embden and market, or rather to
expreis more accurately, that the bills of ladng
were to be filed up for Embden and market, but
the general tenor OF the papers indicate intention
that the return voyage hould be to Amfterdam-I
may conllrue the expreflions too narrowly.
The frf queftion is with refpea to the property
cannot fay have ieen any thing thel letters that
tends TO ihake the title of property In this cafe
there very fair proof OF its being the property of
thee perons ia America. 1t is very poilibe that the
fupercargo (who undoubtedly is young man) may
have been open the addrefIes of perons in Holland
who may he in Rate Of direfs, but cannot poiii-
bly, take it aaint the MATS OF evidence here furnh.
ed. AS TO what has been iaid with relpect to adj
vanees by Perfons in Holland is nothing more than
what is common, without which commerce could
not be carried on. They advances which are NOT
TO give the perions any ntere in the goods they
auefSiJ aONauCeS, duo are not TO be CON-
fdered as carrying any thing advantageous to the
title Of the property think it would be vexatious
it was 70 direct further proofin regard that cir
eumtanee. 1.-THE papers all fair, If there is no.
thing that arhes in the tranaton which points to o.
Their interes, TIE looks further, and there
fore hal dfmfs that part of the cafe as iuciently
proved TO the fatisfattion of the court.
The lecond queftion is to the national character
OF the perions who come there fupercargoes. /
think 1t is not UNREASONABLE enquire whether thofe
perions have left Holland are Rill remaining there
experimenting the cargoes which they have import
ed; for the character of upercargo is eaily mixed
aud changed for that of merchant-they might eff
tabiih donicil there and carry oh trade in that
Tort of way which heigerent country does not au-
Observation-Disclosures theie fupercargoes taying there
IN the proiecuton of their former adventures or for
the purpoie eff general trading indfinate ex-
tent. l underffand that thefe parties are now in
England and If that sknown to the parties on the o.
Their fide their afiidavits will not be neceiiary.
The cafe being clear of thefe two matters of faa,
the title of property and the character Of thofe per-
fons in fome degree,
The third queAion is, as to the legality of the
trade which is carried on in this cafe and in MANY
intances of neutral hips a trade from Amnerdam
TO Canton i'll China, and from Canton in China TO
Ameerdam.
And it is made quenion whether this is trade
which neutral can legally engage in Certainly it
is cafe extremely diitinguihable from Mr. de Kou-
hicks which has been alluded to. In that cafe Mr..
de Konnicf had entered into contrast with the
Dutch EAT India company, in which it was avow-
ed that thefe goods could be imported by Dutch
men themleves with fecurty, becaufa they were re-
duced to fuch di.efs by the prevalence of the Brit
iih arms in that part of the world The contract
held that 1t was co amino for the protection of the
commerce ofthe euemy--that cafe therefore is very
dnguifhable from this, for there the fact was avow-
ed both des. In the preient cafe it is faid tina,
his IA de- iffr,cre ~
war; am not prepared fay the papers do iupport
that anertion. The circumstances alluded TO of GER
tain commiion and advantage are no more than
what might have occurred in time of peace and the
matter of fact in this cafe is before the court in
fuch form as to apply it with any harfhnefs.
The court .iaw in variety of cafes lat war the
EAT India trade of Holland fibjea TO much variat-
ONT continued fome time in the Dutch EAT India
company, that went to ruin and it fell into other
hands, and did appear the concuicp of the war
advice given by Mr.. de Konnick in one of his let
tiers repectng whether the trade which had contin-
ued open during the peace not, he recommend
ed If continued open it bould continue open ONLY
to the Danes bu, how Far that advice was adopted
have nothing to iatisfy one way or the other: from
the number of veies engaged il aspears it was open
to great extent. The prefent was at no time 70
confined as the trade Batavia, the Americans have
as great right 70 go Canton as to any port in the
war, it refs entirely with the Chineze the Ameri
merchants there, whether they have factories there
or not, therefore it does Glnguifh the pre(ent
cafe to its advantage from that of trading to the
Dutch Eait India fetlements properly 70 called, but
cannot go the length of iaying that there may not
be iomething in the trade itnow exits which NAV
require more calculation, and when fee there are
agreat number of cafes which may probably occur
and looking the magnitude of the preient concern
think am committing the intereR of both countries
in requiring further information repecfing that trade
Hitis trade which is perfectly legal and open it /,
very fit that American hps oud not be interrupted
in their commerce. lift ihoud turn out that it is
trade which does Improperly interfere with the Jun
rights OF this country as belIigeran there it is ne
ceary that commerce of this nature hould be fnbie
TO any consequences which captors have right to in
itict upon it. Under the various changes it has TN
dcrgone and the Imperfect information which thi.
cafe furnacs, FALL allow further proof to be given
with refpect to che general nature of the trade be-
tween Amterdam and Canton.
N. B. The captors in this cafe gave IN the f,ip
without bail and no further profecuton carried on.
During the late peace, the Dutch EaG India com.
Pany allowed neursls, per leveral CONTRACTS that
were made, to go from Amlerdam to Canton and To
return to Amaerdans.
Copy.