The enquirer. [volume] (Richmond, Va.) 1804-1815, 1811-06-28
IN THE PRIZE COURT,
BEFORE JUDGE DYER.

BEFORE JUDGE DYER.
NASSAU, N. p. May 8, 1911.
CARLOTA TERESA-Ihomas Basgucs,
Master.
This was the case of Spanish brig, pro-
ceeding on her return voyage from Loango,
ON the coast of Africa, bound to Havana,
with cargo, consisting -of 279 African ne
groes, and a quantity of ivory-taken on the
27th March, IN IS, IS, N. lat by His Ma
jesty's schooner Variable. Lieut.. Yates,
commander. and brot to Nassau The ship
and cargo were !ibciled as French prope rty, .
and claim was given for the ship and 273
negroes, as the property OF Don Antonio
Francisco de Comas, of Havana, merchant,
subject of Spain (; and negroes and "a
Elephants teeth, as the private adventure
of the master.
! II appeared In evidence, that the vessel
was formerly schooner, and ON the I'd
May, 1910. sailed from Havana with a car
! go consisting OF SIS hogsheads molasses, 400
iquintals logwood, and Is pipes aguardienre,
under clearance (Registro) for the Coast
OF Africa. with leave to touch in the II. S.
! She proceeded to Norfolk, having previous
lly put into Charleston. under protest for dis
tress. At Norfolk Mr.. John Fawn. assist
ed by Thomas Armistead, managed the con-
Germs OF the vessel Her cargo vas unla.
den, and after an application tn, and with
the permission of Don Antonio Argote Villa
lobos, the vessel underwent a thorough re-
lpair, her deck was raised, and she was
rugged into brig; after which cargo
suitable to the African market, was put On
board, amounting per invoice to 1859 dolls.
IS cents, with which she sailed on the Sd
of Sep. for Africa-altho' cleared from the
Norfolk Iastom-iouSe tor voyage TO st.
Thomas.
1t further appeared, that Mr.. Zaccheus
Atkins, who swears, on his preparatory ex
animation, 81 that he was born in the State
OF Massachusetts, and is citizen of the II.
S. Of America" acted as first pilot and su
percargo on board, and was TO receive q
commission of 10 per centum for his seryi-
ces. Atkins went out from Havana in q
lschooner called the Diligencia, aiso,belong
ing to Comas, and going on a similar voyage
to that of the Carlota Teresa, namely, to
fit out at Norfolk, and proceed from thence
to the Coast of Africa. He was authorised l,y
Comas, to proceed from Norfolk, at his Cd
ton, in either of the two vessels which he
should prefer and accordingly chose and
actually proceeded on the present voyage,
in the Cariota Teresa. When the vessel
sailed from Havana, her crew consisted of
10 men, including the master, of whom two
only, namely, the master and cook were
Spapiards; and on her departure from
Norfolk, her crew consisted of fifteen men,
of whom the same two only were Spani-
ards.
Besides these circumstances, some suspi.
cioUs had arisen as to American interest in
the property.
The cause came on to be heard this day
and was fully and most ably argued at the
bar, by the Kings Advocate. on the part of
the oaptors and the Solicitor General and
Mr.. Counsellor w. Kerr, Oh that of the
claimant.
The Kings Advocate contended for con-
domination. upon the following grounds,
viz.
!. Because the ship and cargo were, either
wholly or in part, owned by Zaccheus At
kins and John Fawn, both American Cit.
zens, OF by either of them.
9. Because the ship, at the time of her
capture, was engaged in an unlawful trade,
and not navigated according to the laws Of
Spaiu.t
8. Because the voyage originated at Nor
folk, and not at Havana the crew Except
two) Americans; and il ought therefore To be
Considered as an American, and not Spa
nsh voyage
The Judge overruled the first and third
of the reasons upon which condemnation was
urged : admitted the claim, but directed
further proof to be made, as to any relax
alton which might have taken place in the
laws OF Spain, with respect 70 the trade in
question.
For the benefit OF persons ignorant Of al
mlralty practice,it may be useful to observe,
thar is necessary form one Of the hcGons IN