Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1820-01-27
LAW CASE

49,, D'ShiS'. IL rtidteS 10 Il SUBJECT, IN
nigh degree important 10 the mercantile
community IN general, and more especi
ally 10 that class OF our merchants who
are extensively concerned in the Tea
, Trade with China.
The trial which occupied several sue
cesshe days, al the prespn; term of the
District 4 uri was conducted by Georye
flake, Esq. U. ). Attorney for this dis
| trici, ON Tie part of The United States,
aud by ID. Webster aud James II. Austin.
Esq. Tor Mr.. Smiih, the claimant
Boston Patriot
Massachusetts, Die, Go District Court,
90 Dec. Term.
UNITED STATES.
by Ii. A. 5. DEARBORN, Collector.
VS.
IUo Hundred Chests of Tea.
THOMAS II. SMITH, Claimant.
lie teas included in this libel, are part
OF four hundred chests of thai article,
lmported by the claimant into the port OF
New York, in the ship Ontario, from Can
ION, III The mouth OF June last, and which
were there entered, as Bohea teas, and the
dates thereon secured as beng of that
description. Three hundred chests O.:
tiiose teas, were afterwards sold by the
claimant 10 Messrs. Stanton a. Co. OF
Boston, as superior Bohea, at thirty. SIX
ana halt cents per pound, and being
transported to Boston, were there seized
Dy me Collector OH the eighth oi Sept
on lie 9th Section of the collection law,
on The ground OF Supposed difference
rom The ehlry. One hundred of those
chests, being seized OH land, were sepa
rateiy ibclled, being triable by Jury
On The remaining two hundred chests,
comprehended i'll this libel, which we're
seized on Navigable waters, in the Har-
Dor OF Boston, il belongs 10 the court 10
decide.
he merchants appointed ky the col
iector, al Boston, 10 exalnine The sus-
pected commodity, pursuant TO the sia
iule, reported that the whole three hun
dred chests were not BOhea, bul Congo
| teas.
The libel alleges, that the teas in ques
non denonlnaled by the Claimant, Bohca,
are In fact, of certain diff REM kim
| and quahly OF black teas and not Bohra
teas, as represented in the claimants En-
| lIles, AT The cas,om house in New York.
The Claimant, IN his answer, aiter recit.
Ing The purchase Oi these teas on his
account, by his agent in Canton, at Is
tale per pIcul, their importation iuio New
York, The entry aud securil z of The du
lies as Bohea teas, AYERS, thai they are
oil lhe denomination called Superior 30
lea Tea, and not of u different kind or
quality.
On this point, What is the true charac-
Ter ana denomination oi the teas in ques
tiOii, III reference 10 the revenue laws OF
The Uniled States? The claimant is al
issue with the government, aud if the
decision Oh Tins point should be against
him further question is submitted, whe
'her the transaction, do mol present "a
case, Within The provision OF the section,
OH which the libel is founded. which
excuses from iOrleilures, IN case of differ.
ence from tile entry, if such difference
be made 10 appear 10 The satisfaction of
certain officers OF the customs, or 10 the
court, to have proceeded from acGiden,
or mistake, and not from an intention 10
defraud tile revenue.
Two chests of these teas, which are
aGmIited to be fair sample of The whole
quantity seized, have been brought inlo
court, and examined by numerous viii
nessrs, produced on the part of the u
Stales, who are we'll acquainted with the
article some OF them are largely cuncrrii-
! ed III tile trade 10 Canton, and Others
nave been repeatedly employed as mas
| lefs or SupeTcaTgOes III that branch OF
| business. These Witnesses all unite
without hesitation, III declaring the teas
ia question, 10 be OF the description called
Congo, aud not BOhea. The chests also
precisely correspond 10 those in whicil
Congo teas are usually imported. Bohea
chests, II Is testified, are OF different
form, and made OF another sort of wood
Ii Is further testified by those witnesses
That all teas superior 10 Bobea, are unl
iormly packed IL chests, in The interior
country, where such teas are produced
and not AT Canton, and that they are rX
ported III that form from Canton, without
being there Opened; whereas The BOhea
tea, is brought TO Canton in baskets,
WINCH are empiled at the hongS or ware
houses, III which the BOhea teas are
packed, al the call of lie purchasers. No
attention - paid IN packing the Bohea
lea, 10 preserve the form of ihe leaf
j lie object Is TO stow the greatest posi-
DE quantity III given space, for til,
purpose OF economy in freight, in AN ar
iIcle OF such uncomfortable comparative
value. IL is trodden down in boxes, by
men employed for the purpose, and il
Tins operation The form, in which il an
pears when emplied from The baskets, !.
III great measure DESTROYED. All Ih,
packages OF the superior teas, have VIVA
is called ch0p marh, the mark Of ilit
cuIllvaior, or packer of the article. b,
which app owed dealers have the benefi
OF the reputation whcl they may hav,
acquired, andNshich is convenient indi
gallon 10 purchasers. The Bobea tea !,
OF such inferior value and estimation
ilIal the chests have no such distinguish
ing mark. The chests containing the f.;
on trial, have the chop mark. Ii is con
II is sddtheed. .by external paper, which
MIR. Tllden, I'm piVino"1 in Canton