the hands of the confignee; and therefore I fhall de cree reftitution of the goods to the shipper.

On prayer that the captor's expences might be paid, it was answered, that they had already had the benefit of the condemnation of the ship.

Court.-I think there has been a great fervice per formed to the fhipper. If the goods had not been captured, they would have gone into the poffeffion of the enemy. The captor did right in bringing the queftion before the Court, and he ought by no means to be a lofer. I fhall not give a falvage, but fhall direct the expences of the captor to be paid out of the proceeds.

August 15th, 1799.

Colonies of the

enemy. Ship and

THE MARGARETHA MAGDALENA,

PREDBORN Master.

Trade from the THIS was a cafe of a fhip and cargo. feized at anchor in St. Helena, September 1798, on a tavia to Copen- Voyage from Batavia to Copenhagen, and claimed for merchants of Copenhagen.

cargo from Ba

bagen, on ac

count of Danife
merchants, re-
ftored: Effect
of contraband
in the outward
voyage,

JUDGMENT.

Sir Wm. Scott.-This is the cafe of a ship afferted to be a Danish veffel, and coming with a valuable cargo from Batavia to Copenhagen. It is well known that the Dutch were reduced to extreme diftrefs in the exportation of the very valuable produce of that fettlement; that circumstance alone would be fufficient to raise a general suspicion against a trade of this kind; at the fame time it must be acknowledged, that it would be fufficient only to authorize fearch and enquiry, with

out

out fubjecting the ship to any detention for adjudica-
tion, unless the general fufpicion was still farther aided
by other circumstances; it is for the Court to enquire,
Whether thefe fufpicions are fo aided in the present
cafe? The papers are very full and circumftantial,
and all concur in describing the ship and cargo to be
Danifh property; they are fupported by the master,
who appears to have been entrusted with a difcre-
tionary power to go to Batavia or not, according to
the result of an enquiry that he was directed to make
at the Cape of Good Hope. It would be difficult,
therefore, in this cafe to fay, what fort of farther
proof the Court should require, if it was difpofed to
order it; the outward voyage was contingent, and not
abfolutely to Batavia.
to Batavia. It does not appear that there
must have been any correfpondence with perfons there,
for the whole was entrusted to the master. It would
be difficult, therefore, to say what the Court fhould
direct to be produced; and this difficulty would ope-
rate with me as one reafon against making such an
order, unless there were peculiar grounds of fufpicion
to make it neceffary.

It is certainly an alarming circumftance in this cafe, that, although the outward cargo appears to have confifted of contraband goods, yet the principal owner appears publicly at Copenhagen, and makes oath, "That there were no prohibited goods on board deftined to the ports of any party now at war;" the master himself describes the cargo that he carried out as "naval stores ;" and on looking into the invoice I find that they are there represented as "goods to be fold." That being fo, I must hold that it was a most noxious exportation, and an act of a very hoftile character,

140

The

MARGARETHA the
the enemy,

MAGDALENA.

August 15th, $799.

character, to send out articles of this defcription to in direct violation of public treaties, and of the duty which the owners owe to their own government. I fhould confider it as an act that would affect the neutral in fome degree on this returned voyage; for although a fhip on her return is not liable to confifcation, for having carried a cargo of contraband on her outward voyage, yet it would be a little too much to fay that all impreffion is done away; because, if it appears that the owner had sent fuch a cargo under a certificate obtained on a falfe oath, that there was no contraband on board, it could not but affect his credit at least, and induce the Court to look very fcrupuloufly to all the actions and reprefentations of fuch a perfon. The mafter fays, "That there was not more than was neceffary for the fhip's ufe;" but this practice is, even with this apology, fufficiently alarming, because it has appeared that other ships have been employed in carrying naval ftores to Batavia in the fame manner; not as prin cipal cargoes, but in moderate quantities, under pretence of stores for the fhip's own ufe, but which, nevertheless, were fold, as thefe were on their arrival at Batavia; it is apparent that the enemy may be fupplied in this mode to a very great amount.

What the master fays in another place, is rather contradictory to this pretence; he fays, "That there was not more than would be wanting for another fhip which he had a defign of purchafing at Batavia." Now, I must say that it could by no means be allowed, that neutrals fhall be at liberty to carry out a larger quantity of articles of this nature than arẻ wanting for their own fhip's ufe under a fpeculation

of

of purchafing other fhips, and that when they are there, the speculation fhall be relinquished, and the contraband articles be then fold as ftores in the colonies of the enemy. If the fpeculation was originally really and bona fide entertained, on failure of it, the furplus fhould either be brought back again, or fold in fome neutral port of that quarter of the world; for neutrals can have no right to carry out double ftores of this defcription for a contingent purpose, and then dispose of them to the enemy at their pleafure. The mafter fays, "That he was authorised to purchase a ship;" but there is no appearance of fuch a commiffion in the papers, nor are there any documents relating to it; the articles were entered in the invoice as being for fale, and the fact has actually taken place, that they were fold at Batavia. The owner fwears that there were no prohibited goods deftined for any of the parties now at war. It is not clear from this expreffion, whether he meant to fwear that it was not for the port, or not for the use of an enemy; it is a very equivocal term-it was certainly going to an enemy's port, and if it was to be fold there, in failure of the fpeculation of purchasing a fhip there, it was then for the use of the enemy. Upon the whole, I think there was great reafon to bring this cafe to adjudication; it was a case very proper for enquiry. But after all the enquiry that has been made, I am of opinion that the property of the fhip is fufficiently clear, and that there is nothing pointing to any other than a Danish intereft in the cargo. If I faw on board any thing of the nature of what has appeared in fome other cafes from Batavia, I fhould certainly look a little farther into

The MARGARETHA MAGDALENA.

August 15th, 1799.

142

MAGDALENA.

August 15th, 1799.

The it; but it appears to me that the outward fhipment MARGARETHA from Copenhagen was fent under the management of the master to inveft the proceeds in the produce of Batavia. If the general nature of the transaction has rendered it liable to fufpicion, I can only fay that it is a trade in which it is the duty of neutrals to obferve a conduct perfectly circumfpect, and confiftent with all obligations of good faith. But I am, undert all the circumstances, fatisfied that the property is as claimed, and I direct it to be restored.

August 16th, 1799.

colonies of the

enemy. Produce of Vera Cruz,

THE PROVIDENTIA, HINCH Mafter.

Trade from the THIS was a cafe of a fhip and cargo, having been stopped in a British port, 17th March 1799, on voyage from Vera Cruz to Hamburg, and claimed for merchants of Hamburg.

going from that Settlement to

Hamburgh, the property of neutral merchants, restored.

a

For the captor, King's Advocate. This is a claim for a hip and a very valuable cargo going from the Spanish fettlement of Vera Cruz to Hamburg, on behalf of merchants of Hamburg. In the papers there is nothing appearing to affect the property of the ship and cargo; but it is to be confidered that the claimant in this cafe has been a frequent claimant during the war, and must be a gentleman of much experience in the practice of these Courts; and therefore it is not to be wondered at, that all the documents are found regularly in order and prepared; there is, however, fomething in the character and conduct of the master in this business, that does raise a very reasonable sus