The enquirer. [volume] (Richmond, Va.) 1804-1815, 1806-01-30

ana CertinCdte pufpOrt tncm 10 DC the property
of the perfons for whom they are claimed, and
the matter fwears he verify believes they are the
property of thofe perfons, and when called up
on, he fays that he was 70 informed, aud that
all his papers are fair and hot colorado. But
an objection has been made, that he could not
tell what were to be done with them when they
arrived there. / think, looking at the whole
evidence, they are clearly the property of Mr..
Ludlow and Warren, there being no circum-
france TO attribute it to any other perfon, ex-
ccPt in the twentieth interrogatory, which
think is not fufiicient to jufify me in ordering
further proofs. Therefore, upon the whole,
am of opinion in reipsct TO thefe goods, there
IS Under the circumstances of the cafe coupe
tent proof. The only part of the cafe which
remains for confederation, refpeets the fl,p,
and the goods claimed for the owner of the
ihip, which is of different nature. There is
no Queition as to the property; but the queti-
on is whether thefe goods were not imported
from the I1and of Martinique, and re-exported
with an intention originally of Tending and diff
poling of them in Holand.-The Hiip came.
from Martinique to the port of New-York her
fay there was extremely fhort--the goods
were landed within two days after fhe came in
to the harbor and it appears that within very
few days afterwards, goods exactly fimilar in
quantity and quality were put on board on be-
whether thefe goods being of the fame quantity,
and fame quSlity, are identically the goods 70
imported. lam of opinion that the evidence
proves, they are-thc quantities and numbers
entirely agree, and think it is very ffringent
circumstance, that they do agree in point of
quantity, except that part which is expressly
hewn, not to have been put on board, and
therefore fhould have no doubt if it depended
upon this evidence alone, that they are the iden-
SrT,I. IL ~A,xl n.-AT
here, the matter fays he had reafon to imagine
that they were the fame goods brought from
Martinique.-His referve on this interrogatory
is rather more than confident with juftice. ]
think it would have been more candid to have
itated his reafons ;perhaps there are circumttan-
ces IN his pofiefiion, which he has not fated in
his evidence; but taking all thefe circumstances
together, what happens upon the documents
and upor the mafer's representation II
think if he has reafon to imagine, have
reaion to conclude, they were the goods 70 i'm
ported.-Sti that conclufon will not difpofe
of this quefton, though they might be the
lame goods imported from Martinique to New
York, yet if, it was done with no original in
.ent'on of purifying this dchination to Europe,
II imported bona fide from America, they
would not be fubjeet to any unfavorable deter
mlnatIon OF this court.-This is the material
lueftlon in the cafe, whether it was the inten.
ION OF parties originally to fend thefe goods to
Europe. The fact of the fhortnefs of time is a
oreiumption which is by no means a conclu-
i've one, becaute in other cafes if the fact was
hewn than they went there for a market, then
the ihortnefs of time is not binding prefnmp-
ton that theie goods were intended to 20 fur
Their, but the prefumption mutt ariie in fucb
way, namely, the purpofe of being brought
there was, that they were originally intended to
be carried further, was it more likely that a
change otintention ihould take place in the
courie OF day than in a week or fortnight
therefore, prima facie, it isa circumftance in
any national confederation of the matter that
they were 70 Immediately to be exported.-But
think there is great deal arifes upon the hif-
tory of the tranfadion, as given by the mailer,
which is sntavorabe upon the fubiea OF the
original deftination. What the matter flaws up
on the 9TH interrogatory is that he came to
New-York with cargo of fugar, which he
TOOK on uoard at the Hand of Martinique;
that ihe arrived on, the 25th July, and upon the
27th following, the whole Of the ladng being
landed, MIR. Arden informed this deponent he
had no further fervice for him as the mate was
iufficlent to fay by the fhip until he could pro-
cure another Freight for her, which mate.
Whole name was Robert Lawton, quilted the
hip AT New-9ork that the aforefaid lading
was taken out into lighters, which carried the
ZANE 10 the wharf at New-York, as the ihp
lag in the ftream, but that this deponent does
not know whether it was put into fore or not
but he fays he faw it taken away from the
quay in carts {? that on the goth day of faid
month the thip began to take in her prefent car
go, part of which this deponent has reafon to
imagine is the fame which was brought in the
hip from Martinique, but that he is not GER
tain OF 1t, the cargo having been taken from
the wharf as aforefaid.--Now I do confefs,
viewing the courfe of this tranfa6tion fubiea
to all the indulgence which it is my duty to
coniider tranfaaions applying TO property
claimed on behalf Of fubjetts of other ftates,
cannot but think / am well warranted in
pronouncing that there is fort of manage
ment pra6ifed in this cafe for the purpofe of
holding from the view of the Court that
ttefe were the identical goods imported from
Martinique. The mater is difmifed within
two days after the arrival of the flip, and the
mate fuperintends the landing of the goods and
putting them on board again, and as foon as the
cargo is reIading, the mater is applied to, to
carry the prefent cargo to Europe.
Looking at thefe two facts, that the matter
is withdrawn as foon as the Iading is begun, and
the mate is withdrawn Immediately after the
relading is completed, do think the court is
put in poGefiion of the parties intention to
draw veil over the tranfaction, and that it was
the original intention to carry their cargo TO
Europe. If the fact had been otherwife the
mater when applied to within two days after