The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-10-20
Gurope.
LONDON, AuguH 81.
COURT OF, .GDMIRALTY. Z

II l. ID II 1 Il X l. N ID Ill L.
This was The cafe of the American liip car
rying a number of Frepch military and marine
officers and men from Baltimore TO Bordeaux,
reported in our paper Of yef'erday, and which
food over for iudgmcntthis day.
The learned Judge, Sir William Scott, in ei-
wing his judgraene this day, ohferyed, that this
was The cafr Of neutral nip captured on fuf-
RiciQn of being hired asian epeuy's trapTport ;
and The quefton was, whether, ut the time, fie
was exerciing the fair and legal rights of neu-
ira! nip, or violating thofe rights, by lending
herieif TO the iervice of an enemy, for The pur-
pote oftranlporting perfops of military cha
rraetcr, and. in the fervice of that enemy? the
owner of that fhip was a fiihiea of the United
States OF America, and the mater or command.
er Frenchman by birth, but fince ana,uralized
American. I he latter was ipfruefed by the
former to proceed with the cargo Of Caves, &c.
then on board. TO Baltimore, and there to take
in rs many palcngers as he could for Bpurdeaux:
and from this it was inferred by the leading
gentlcmcn for the claimant, that this was
mere mereantile tranfaction. But the court was
bound TO go farther, and fee the nature and a.
mount of this cargo, and of what descriptions
OF Perions thoie pafengers were; and they
were found to be perions Of A military and ma
val character, returning (moit of them from ST.
DomipGO) to their own country, and in the fer
vice of France, and inveited with that harac-
ter the whole of the time. They were but on
board by, a fervant authorized by the govern
ment of France and perfon on board invsR-
ed with 4 command over the reft all of whom.
on their arrival at Bordeaux, were TO prefent
themielves before the marine officer of that
place, and wait his orders. 1t was nothing 10
the purpofe that thefc perfons were not in the
ACT of proceeding upon any particular exped-
ton, or Immediately employed againft this
country they were not once diveited of their
military character; and if it was allowed. that
neutrdls carrying armsand military ltores to an
cnemy's port, were liable to condemnation how
much more 70 WAS neutral carrying the very
thing which alone cosld give effect to tholc
arms and flores but It was iaid, that there was
r cargo oneb board this veffcl, and that it was a
well known fatt, that ihps taken up as trauf.
ports, both in this country and France, were
never permitted to take any deicription of car.
go whatever on board he admitted the fact ;;
but IT was an iBfult on the understanding to call
this, which amounted to no more than ba!at
and dunnagc, cargo; and 1t might have hap
pcned, that there not being any French tranf-
ports convenient at that time over which the
French government might exercife an authority
as TO the cargo they found it necelllry to take
this hip upon any terms they coald get her.
What the eXPreis terms were, the court could
not fay, there being no contract heforeit; but
9
tween the owner of THIS ve fel and the French
agent who put thoie perfons board. The
veIiels of the enemy could not carry troops in
that way WAS it then, he would ak. TO be
permitted TO neutrals 10 tep in and fill up the
blank? Certainly NOT and whatever might
have been the contract between thefe perfons,
he was wei convinced the government of the
United States was totally ignorant Of fuch prac-
tees, and would trorgly and as anxiouny
condemn them as the government of this coun-
try. If this had been the cafe of few diflbled
officers or iCvalided men returning to their own
couutry 10 fpend the remnant of their lives in
peace and ret'rmeut, it would be another oueE
ton, and the government would never proceed
with hafihne!s quite the contrary. But thefs
perfous were actually inve}ed with power and
authority under the French government and
formed. he would call it. part of the military
marine of that country. Under all the circum-
dances, therefore, it was as much French
tranfport in the 1ervice OF the French govern
ment, as if ihe had heen buiit in French port,
and belonged to French fubjs9. The iudg-
ment of condemnation was accordingly affirm
ed.