Alexandria gazette & daily advertiser. [volume] (Alexandria [Va.]) 1817-1822, 1817-10-31


\ made his escape from the Two Brothers.
at Jekyl Island, where she touched on
her passage from St Marys to Savannah
From the Charleston Southern Patriot.
LAW ISTELIIGEScE.
The following case, arising out Of the late
Navigation Act Of the United States,
has been decided by Judge DraytSn in
the cnurt Of Admiralty:
The United States Of America, This
Brig Mary ard SIS hosSheads roseout
OF rum, barrels Of Oranges, of the
and 4 barrels Of Lines. late ma
VACATION act OF the United States, and Il.
bells were filed by the District Attorney
sglinst the vessel and cargo, as having
arrived IN the port of Charleston sn the
5ih October, 1917, from Jamaica, in the
West ladies': the said brig not being
then a vessel Of the United States, nor
foreign vessel. truly and wholly belong
ing 10 the citizens or subjects OF any
country Of which the said goods are the
growth, production or manufacture OF
iron which such goods can only be, on
most usually are. first shipped for trans
portativn, and which had not then adopt
ell a regulation similar TO the regulation
mentioned in the first section Of the act
of Congress OF the said U. States, appro-
we'd the lst March 1917, and entitled San
act concerning the Navigation Of the U.
States,' contrary TO the true intent and
meaning, anl against the form of the sta
t1tc IN such case msde and provided
By reason whereof, the said brig or YES
sci, her tackle, apparel aud furniture. land
the SAID suods, wares and merchandise,
have becupe forfeited, etc.
Parker, District Attorney, suggested
10 the cOu.t, that since tue libels had
been Gle,l, il was ascertained the Mary
was British vessel, and the cargo was
iha produce OF British island or colony
in tie West indies: that the term coun-
try, used in the 6tst section Of the act,
embraced every part Of the British Ter
rivories, However widely separated, (which
are subject to the same Supreme Execu-
tive snd Legislative Authority; there
fore, the act being complied with, no for
ie:G,e had accrued. Whence, he nov
ed the court, to dismiss The libels, aud 10
certify probable cause OF seizure.
John bray ton, District ]udge.-This
ia the FIRST case, which has occurred be-
fre me, under the late navigation act Of
the United Safes The British brig
Mary aud cargo, have been seized by the
collector ara they are saverally ilbeiled
in this court, Or the supposition, that the
said navigation act had been iAirlnged.-
Doubts had iSep, as 10 tie construction
oI the term country, used III tie hrst sec
iion Of said act, :" Of which, the goods
are the g-ow;h, produehOn, or manu-
Clcture or, Tor which, such goods,
wares, or merchandise, can only Oe, or
NEST Usually are, FIRST shipped Tor trans
psrtaiion." TWAS supposed, this yes-
sci cOming ron the British West Indies
maStbe also owned in the British West
Indies and that the law might have re-
ou;red her 20 have been owned, at the
Ts-y British Island, from whence the car
60 had been shipTed. Upon a fair con-
struction, however, ofthe late navigation
sct, and of the convention done at Lon
don IN 1875 between the United States
oE America aud his Britannia majesty,
b- regulating the commerce between the
territories Of the United States, and his
Rri,annic majesty, am Of opinion, the
term country would most appropriately
be considered, as abiding to all the ter
HtOries orhis isri fannie majesty, as relat-
iag TO Shipping: So that the ships and
vessels Of one portion ct his britannia
najes;y's duuSnions or territories, may
cary the goods of the growth, prOduc-
ron, or manufacture Of another portion OF
li> said maiestv's domialons or terrlto-
res. Hence, British vessels, bringing
British carsoes, 81 the grswth, prOdac
ton, os manufacture, OF the British Is
Il1As or colonies in the West Indies, into
TIE put, of the United States, are within
tie nearing aRd intention Of the rayiga-
,joa act Of tn, United States. To de-
rUIe otherwise, would be cnnstruIns
safe paper, and act spriDsins cut OF IT.
b1a ruiz, which woald lead TO endless
endorsements between the two nStlsns'
il their commercial relations; anu might
,saa t. frustrate the very ends tor which
bo;s the commercial convention, aud the
Nayigatioa ACT rl the United States, have
been framed.
lis true, that by the latter part OF the
second article Of the SAID conventional
eashparty remain, in the complete pos