The enquirer. [volume] (Richmond, Va.) 1804-1815, 1806-01-09
SHIr HopE, ROBINSON, OF THIS PORT.


We prefer. the following decifon Of Sir E'1Vian
Scott as an important document. although it is
Gale of relteration Yet the principle of the Eng
liih admiralty courts is fully dplayed. The argu-
aent OF the Judges eviHces how flexible, for their
own pnrPoies, the Engli1, can make the law of
tions. Though rule may BE- laid down Ills year and
acted upon, and neutral property TO the amount Of
millions be aoat in full faith of its continuance, yet
1t is by no means certain that it will he rule OF adj
publication the next year.
Sir I'm. S.Ott had heretofore declared hnfelf IA
tsfed that landing ,he cargo ard paving the inpor-
tation duties, continued aInpe proof of legal I'M
portat'on, and that cargo 10 imported, might be
exported The lords of appeal have however, de-
cided otherwiie. For this court it can hardly be
peeled, that we ihould feel the fame refpea, for
the Engliih courts of ordinary common law jurdic-
ton. For unlike thefe, it is nor competed Vt men
who hold permanent efhce by independent
nure, but notify OF the confidential members Of the
exiting administration Thee men are generally
of high rank and di1irguihed talents; bu. they ar.
members in the cabinet Of nation ct war and they
carry with them from the Cabizst TO the bench the
plans and the protests of Judicial decGons def
ructive to the rights of neurals are one of their
means OF ditrefiing the enemy, and aygraudizng
their own nation. What they ellabli;s becomes,
however binding upon all subordinate courts aud con-
fequenty the principle eeabl1led by tie lords Of
appeal, has been adopted by Sir VIM. Scott ags;nlt
his own (enfe of its equity and proprety-Tbe late
announced priRciple was urged by the council in the
following cafe, in its utmo latitude. and though it
was decided that it did apply as the cargo in
this nitance purchafed in time Of profound peace
yet the principle was admitted and renuouiIy fup-
ported. And although the capture in this cafe was
cenfeedly Illegal, and upon trial il appeared that e.
ven court Of admiralty could find no pretencc for
condemnation, yet damages were denied, and COTS
and exPenees, to large amount, paid by the cai-
mants The Engih admiralty courts fsen to adopt
at the preent day, ia refPsct 10 reutral property
the lame maxims Of law and evidence as were for
merly in corrupt and bloody period of their hil-
tory, adopted by their criminal courts in reGpeci to
high treaion. They make intent on eyire and prove
the intention by conjecture. Ikey make q CHARGE
allsdge erinirality, but feel no obligation mpoled
OH thsmielves prove it. The aocufed is called on
TO diiProve it, and if he fail in the amoa impoiibIe
talk OF ihewing he had not fuch an y sfos he is
demned Such doctrine We hope the WILTON, aud
prudence, If not the jullice of Great Britain will
lead her to dilavow. Al any rate. it is the au,v ard
the right OF this country to deny and refiit it, This
Is point on which all parties united. al quef-
tons oil petty controversy ought how to be avodst
DECISION
OF the right hon. Sir William Scott, in the Br,iG,
court of admiralty, doeiors' communs, Thurfday,
sept ~ b, 1905, iii the cafe Of the fhip Hope, of
this port, Robert RobiHfon, mailer
N"'N - PiVhIN, upon part Ut the CaDtOrS,
on the ground Of It's being cargo taken in az the
enemys colony. (ManiiIa) and after touching in A.
merlea' - brought TO the enemys country in Europe
without breaking the continuity Of the voyage, by
sny ac' nnns aiii IN repef to this quelliUn there
'no evidence here, that the continuity Of the voyage
wsslhfneently interrupted Since the cafe Of the III
lax oFne mere importation witii the intent of ex-
porting again, Is not TO be raken as difcontinuity of
the voyage aud am iu-prfed a, the obfrrvat;on
made, as IL this was novel rule, new rule intro
dneet aPprehcnd it ia clear and ancient princ-
p'e' and psrleely juHGable. II is not going to
heu''a port and laying you have called at that port
m PaIhng, 5nt it NUT be Loao 81. importation, and
eaaoihed 10y evidence, that the continuity of the
voyage sioleH1nly broken with reped 10 the cargo,
~ tnst cate The court will look no further The tins
yehel taying is Of importance. as il News the
'ent'on o. the parties # il is extremely mort, the
presumption arifng is merely Of an evaive nature.
az H'' 'aHe time, there have been cafes in which IL
,aS sPpe1fed, notwithstanding the Aorfnes Of the
llS' mere was ipiheient evidence to prove that they
~Ip' N'fs ioF the pnrppfs ofimporation and was
on'y VI eohisfuenee q rot fDdinz nsrke., that the
.H'y" Hsre-innped, and the court has rly thongt
u Hs WY To hold that the vnyage ~as interrupted
ing mere payRea' ef duties there Is dear evidence
THAI impoTtalon. and that the cargo was carried
fsfe Tor tba rBrpeIe Of evzdnS the eotfeqpences of
eoN.'g fsoo' tho eolcay NJ ths enemy TO ,bc coun-
uy0i the enemy, tG2t has bccg asld continued yoy,