The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-08-14

Court OF Admiralty came on to be heard before
meeting of the lords of the council at their
Office in Whitehall, Of the u,mo importance 20 thofe
concerned in the neutral trade the law Of nations
and commerce in general. The quenion principally
depended upon the preient mode Of proceeding iii
in bockadiug ports The fettliug of this quefion
has been looked forward thoie concerned in III. bu-
neis for fsvera years paR 1t aroe out Of the order
oil the council for the blockade of the Dutch ports.
The appellant in the cauie John Wolff, the
matter of the Patrio,cn, behalf of himicf for the
fhip and cargo behalf of Danih fubjeas the own
ers thereof. The RESPONDENTS were lieut.. Henry
Halves, commander of his najeity's hired armed
ugger PhGnax, the captor, aud James Hefetne, cfq.
his majshy's Procura,or-general.
1t appeared, on beh-f of the appellants cafe, that
the Pasrioten was Danith fhip, the property of
Lars Borreson, of Drammen, in Norway, which, in
the month of July, 1898, was laden at that port
with cargo OF fir, bzlks and deals, the produce Of
Norway, the property of Mrs Elizabeth Hotter, of
Dramnen, coniigned to be delivered at market in
Holland, and the flip was accordingly proceeded
thither, when The was caPtsred on the 10th of Aug.
following by his majehy's hired armed lugger Phce-
nix, lieut.. Henry Halves, commander, upon the high
ieas, about or leagues to the northweG of the
Texe, on Friday the 10th of Auguf, about Ten ut
| night, becaufe fhe bound to Holland, and upon
iuiPicicn Of her cargo being Dutch property, and e
was brought into the port of Yarmouth; tina. fhe
| iailed under Danih neutral colors, and had no
fitsnce made at the time the veel was taken. The
captain found that the appellants 0he matter Of the
veeD papers endorfed by the lieutenant of the Prof
erpine, occupied in the blockade, and that fhc wa,
not to enter any port of Holland.
The following is the order of council for the
blockade, under which authority the Respondent aa-
ed:-
"The undersigned fecretary of Rate Of his Britain.
taunek majefy, has received orders TO inform
Wedel Jarlsberg, his Daniih majeys envoy extraor-
binary and miner plenipotentary that the king has
thought proper, without deay for the defence of his
itates and the fecurty of his fubes, make ufe of
all the means which the fuperiority of his navy puts
IN his power and for that rurpofe caue the inlet
OF the port at the Texel to be ftriSy blockaded,
| which fhall be maintained aud executed in the mott
exact manner, according to all the cations Of war,
and in fuch manner as has always been done on
like ocoafions.
| In conformity whereto, count Wede Jarliberg, is
| requeaed that he will be pleafed TO inform the Dan.
i!h conluls and merchants who rede in England that
the aforementioned port the rexel is and fhal be
| looked upon and regarded bloekaded, and that,
from this days date no neutral fhips ihal be at Ii
berty to put IN there, on any account, under any
pretext whatever, and that all the neafares which
the law of nations, and the treaties ubing between
his maefy and the different powers authorize Giail
in future be taken and executed, with repe q fuch
ihPs as defined to the aforefaid port, after
the publication of thele prelents, may endeavor
run in there.
(signed) GRANVILLE.
" Downing -ftreet, llth1
June, 1898"
The appellant, on his voyage, did not alter his
eourie upon the appearance of his majely's lugger
the Phoenix, and his courfe at all times, when
the weather would permit, directed for Vile and
ihe diaant from thence about fix or feven leagues
* her courie altered any time TO any other
port place, except when he put into Torgerfoen,
by frefs of weather. She boarded on the ninth
of Auguft, by officer belonging his majeay s
fhip the Prolerpne, who warned the captain and told
him he mutt not GO into any port III Holland on &C.
count OF their being blockaded.
The officer examined the fhip's papers, and found
that fhe was bound generally to fome port in Hol-
land, and that the whole of the cargo belonged to
Magdalena Elizabeth ST. Holfter except 9 dozen of
ufers, which belonged to Johan Wolff, of Drammen,
in Norway, the matter of the veffel, After the officer
had examined the bill of ading, he put the following
endorfement upon it -
"Augua 9, 1885
i" Warned off the Fly Hand and all other ports
and inlets in the Zuyder Sea, by his Britannica ma
jefy's ihip Proferpne.''
After which, or the lth infant, in the evening,
ihe was Topped, and detained ingoing into the Fly
Pafiage by the Phoenix lugger.
Several wtneiles proved that the Patrioten was
built at Drammen in the year 1885, and that the
cargo to be fold in Holland, at market, TIC the
highef bidder and if immediate iae could not be
procured it to be left in the cuilody of Jacob
Thyman I.aakeman, an agent. The whole was
proved to be Danifh property.
AT the hearing before the Judge OF the admiralty
the claim and proofs were read, and advocates and
proors both ides, thereon, by introductory de-
rejected the claim for the lip and the matters
private adventure, and pronounced the fame TO have
belonged at the time of capture and fezure thereof,
to enemies of the crown of Great Britain, and as
fuch, or otherwiie, fubjea and liable conffcaton
and condemned the fame good and lawful prize,
taken by his majeRy's hired lugger Phoenix, lieut..
Henry Hawes commander; and in refpea to the
cargo, directed certificate to be exhibited by the
captors, to the time when the blockade Of Amaer-
dam publicly notified by his majelty's mni(ters
and relerved the adjudication of the cargo till fuch
certificate fhould have been exhibited.
On the god of February, 1899, the cafe came be-
fore the court again, for further hearing, when
certificate, that the blockade of the Te1el was mott
fed to count Jarifberg, his Danih majeys miniAer
at the court of Great Britain the ] til of June
1898, figned by George Hammond, efe. the under
fecretary of sNate-The advocates and proaors on
both fides were heard upon the production of the
certificate after which rejected the claim for the
cargo and, by interlocutory decree, pronounced the
faid cargo to have belonged the time of the cap
Great Britain, and as lueh, or otherwife ubjea and
liable to conflcation; and condemned the fame as
good and lawful priz, taken by his majefly's hired