Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1808-01-21


/ wish it, is the best reason in the world VIII,
|. he should not be allowed to, that of his shil
I being cVer-vaia1ed.
/ A ship may be insured at her Just value
/! say 10000 dollars, and go on a voyage to ths
| N. w. Coast and Canton, and after proflt
able employment of three years, nay,in com
Ing home, be restrained by British ship
IN Boston Bay, and sent to Halifax on the
usual pretext of having on board enemy>s
property. a coaster may speak the british
ship, and receive this information, and COM
municate it to the owner. who may inmedi..
atey abandon. The ship arrives at Halit'ax,
is cleared and gets to Boston In safety IN 50
|1days after being restrained. No accident takes
place during the absence Of the ship, to ln-
cure her, but owing to the ordinary wear and
tear, during so long a voyage, and the great
fall of ships in consequence of the times, the
ship sells at auction for FIVE thousand dollars,
and is bought by the.owner as the highest bid
der. The owner thus gets his ship again,
and brings loss offs per cent on the under-
writer, when in justice, according to the re-
ceived notions Of insurance, he ought not to
have had dollar, excepting fer expences at
Halifax.
III such case as ithis, which is q very pos
sible one, the oWner,receiyes ali the freight
or earnings Of his ship, uses her probably
for three years in winch time no accident
happens to her damage, and yet he throws
her on the Insurers, VINO are thus made lla~
be- not only for the natural decay, bur for
the loss OF market--Heither of which hazards
have ever been understood as comprehended
in policy of Insurance.. Now, should not a
case like this form an exception to the rule:
It would seem so Indeed. But if some late
decisions have been rightly understood, it scr.
tainly would not The sssurers would be
made to submit TO the abandonment.
But What gives the rule more Importance
is, that in the Treaty with England, &c the
us. have given them the right to carry u
our vessels, &c search for enemies property.
that occurrences Of this kind while we are
neutral, must, in time OF war, be always tax
ing place Now it is not Sc with Beliigerents.
1t is never SO with c. Britain, because when-
ever there is a war she is always a party.
With them therefore sach principle would
have fair operation. For when capture IS
made OF British vessel, there will certainly
be total loss unless recspturea, and then the
-expenLe of salvage will follow. It a British
owner has an account OF capture in any svay
it might with some reason be admitted, but
even in England it is believed that protest,
or letter from the captain, would be requlr-
ed rs proof wherein to abandon. And dproof
like this be required in England, now much
more ouehtit to be here I? In restraints OF
neutlals it happens more often than not, that
xhc vessel herselfis in no danger of being con-
demned The captors do not attempt to make
prize of her. ihe pretext tor detention is
solely a suspicion of having on board the pro-
peety of enemies. If in such acase the own
er- can ABANDON without protest, or even
letter from the captain to show the Pretend
cd cdsse OF the detention, must 1t not very
often operate in Iustice to the insurer Ought
he 20 be compelled to accept an abandon
:Yneht without being able to exercise any
judgment, on knowing the cause OF the re-
straint.
The question then naturally arises, whether
q better rule can be devised? / would be
presum pticn perhaps to suppose there could
after the subject has been SO naturely cohSl-
dsred by some the Wlscst and best men OF
the country. But cannot such a rule be qua
lihedi practice! Can it not be understood
that an owner shall not, on any mopehtary
detention, be alowedb law tothrow his YES
sci on the insurers, merely because she - noe
soorth the sum at which she was insured
Can II not bs understood, that an owner
shall not abandon at all, no detention TIL 1t be
rendered probable that the vessel VIII be con,
elemncd, or detained an unreasonable time
and cbove all that he shall not &c suhhorfed q"
lis abandonment, there be ad0tes Of me resfo-
ration The PROPERTY before tie loss 6ee0nes
due, The truth is that this principle If acted
upon in an unqualified way, will lead every
owner if he can, to abandon after long voy-
age, becasseit mast Arrays be- for ms interests