The enquirer. [volume] (Richmond, Va.) 1804-1815, 1806-05-16
BRITISH PRIZE COURTS.

BRITISH PRIZE COURTS.
Prizv Council Chamber, March IL. 1906.
CASE OF THE WILLIAM, TREFRY, MASTER.
Prefent, Earl Fitzwilliam, Lord Pref lent,
Duke of Montrof, Lord Auckland, Mater of
the Rolls, Sir William Wynne, and Sir William
Scott-The cafe decided in this court was an
appeal by an American claimant, from fen
tence of the court of Vice Admiralty of Hall
fax: 1t was tried by a full Court, and the
Judgment unanimous, for condp1rniup The bro
berty as Aazvfm prize. 1t was briefly ftated hy
Sir William Grant, matter of the Rolls, "That
the Jingle queition in this cafe is, whether the
voyage IN which the property of the claimant
was embarked at the time of the capture was A
lawful voyage. The cargo in auction confiit-
ed of cocoa, which had been ihipued ut Laguira.
port in the Spanith province of Caracas, in
South America, on account of the claimant in
the fame flip in which it was now captured,
and was brought to Marbehead, a port of the
u S. where it was entered and landed, bond
having been given As ufual for the duties; but
1t was a few DAYS afterwards re-fhipped in the
fame bottom, and dfpatched on VOYAGE TO
Biboa. Debentures were thereupon granted to
the claimant for the amount Of the duties, a
fmall part excepted and thefe debentures be-
ing, at a fubiequent period, given up at the Cuff
IN caih, the bond given on the entry from La
guira was cancelled.
This, our readers will obferve, is the ordina-
ry courfe of proceeding in like caf7 and which,
1t is contended, on the part Of Il Z, rca amounts
to fair importation into TINT country, 70 as
70 iultfy the iubfequent traufrnifion of the pro-
duce of hottie colony, to the mother coun-
try, or any other port in Europe, while the
contrary is maintained by our Prize Courts
The Matter of the Rolls did not enter into
thoie general principles of the Law of Nations,
on which this country anerts right to prevent
neutralS from carrying on the colonial trade of
our enemies in general; principles which have
been 10 often diculied and 70 often fulemnly
recognized by the Lords ComminiCners He
only oblerved, that by the uniform fen(e of the
Board, whatever branch of that trade was not
allowed by his Mliefy's war infrufions, was
unlawful and that therefore the only queRi.
on for their Lordihip's in this cafe was, whe-
ther the voyage in queften was fairly within
The eence, of the Royal Inltructon which ap.
piled to it.
DR.. Lawrence as Anxious Curir, ftated to
| their Lordihips, that in the cafe of the Polly,
Lafky, at the Admiralty, an affidavit had been
produced, on the part of the claimant, Eating
the actual payment efthe duties, and that the
Court WIS at that period not at all aware that
the duties were (ecured by bond in thefe cafes.
and discharged by debentures in the way that
had fince appeared. He ALTO mentioned, that
by the law of America. as now clearly under
food, the importer actually derived poiitive
advantage by thefe tranfat1ions for that though
the duties are not paid, negotiable debentures
are ifued on the credit of the bond, and theCe
the importer can put into circulation, until a
period at fome months dittance, which is allow
ed for the payment off the bond, or for its diff
charge by production of thefe debenturcs.
- Since writing the above remarks, we re-
ceived by the lat evenings mail the following
additional article from London paper. In terms
ilill more explicit than the decilion ftated above.
1t deveopes the commercial principle which
the preient miniltry may be expected to fup-
port.
London, March 81.
At full meeting of the high court of
admiralty, they have given a new and TO-
Tenn aifurance that neither direct nor circui.
tous voyage with the fame cargo, in the fame
veiel, will be permitted to a neutral. IL was
commended, as regarded the United States, that
the occurring ofthe duties conlttuted no fufici-
ent interruption of the voyage. As negocia-
bic debentures were taken, aud but very fnall
proportion Gay 1913 dollars in the cafe of the
Eiiex, out OF 5275) of the duties eventually re-
NAMED TO the collector. The court confirmed
the condemnation Of the William, Trefry. r.
ven on Brtiih grounds, however, Americans
have right to claim for want of due notice
Since the principle has been aTumed, probably
no American veliel failed which were liable to
condemnation under it,