The and 1799. a very important one it is) will be to prevent fuch at grievance from occurring again. It is high time that this abuse, of not returning commiffions at the proper time, fhould be corrected: I mean no imputation on any individual; every body knows how abuses infinuate themselves at first, and creep on by degrees : they begin ufually in fome act of accommodation and kindness, which we can hardly disapprove in the particular instance; the fame facility is practised in a fecond inftance, on little other ground than the precedent of the first: an irregularity, which was hardly cenfurable, ripens into fettled abufe; new men come into office, and they find it become an ancient eftablished practice, with all the fanction of grey hairs upon it; one abufe begets another, (for it is a prolific family,) till at laft attention is awakened, and thofe who have authority, are loudly called upon by duty to correct them. They are memorable words of Lord Bacon upon fuch fubjects, "That time is the greatest innovator; and if time always alters things for the worse, and wisdom and counsel do not fometimes alter them for the better, what shall be the end thereof?" In making thefe neceffary alterations, I know I fhall have the affiftance of the Crown officers in this Court, as far as the property of the Crown is concerned; and in refpect to private property, the Court may in general rely on the vigilance of the parties themselves, ftimulating their agents to the performance of their duty, by the aid of the process, which fhall at all times be readily imparted: And if fuch confequences follow, it may be fortunate for the public that fuch a cafe has arifen, though fome unpleasant circumstances may have attended the dif cuffion. In the Princeffa, Zavala, A Auguft 30th, 1799. for dollars, docu A fecond queftion arose on a fubfequent day on Claim of a the claim of a British merchant, for a quantity of Britif merchant dollars fhipped at Buenos Ayres, by his afferted agent, mented as Spa nifb property, on and for his account, but oftenfibly entered in Spanish board a Spanif names, on board a Spanish fhip, and bound to Corunna hip from Buenos in Old Spain. The Affidavit of the Claimant fet uot admitted. forth the following circumstances: May 1797. That fome time in the years 1790 or 1791, one Sworn 31ft of the partners of his houfe being at Madrid, purchased from a Portuguese merchant, an order on the Treafury of His Spanish Majesty at Buenos Ayres, for the number of 6000 hard dollars; which the faid merchant had recovered from the Crown on account of an unjust seizure that had been made of his property: that the Appearer's faid house appointed Ramon Ramon Dias, a merchant at Buenos Ayres, their attorney, to receive the money, who, ' as this Appearer has been informed, and believes, received the fame from the Treafury in virtue ' of the faid power of attorney and order; but instead of remitting the fame to this Appearer's house, appropriated the fame to his own use: that this Appearer's faid houfe, in confequence, through 'their correfpondent at Corunna, Don Felippe Gon'zalez Pola, appointed Don Antonio de la Cajigas, 'merchant at Buenos Ayres, their attorney, to ' recover the faid 6000 dollars with intereft from the faid Ramón Ramon Diaz: that on or about 'the 14th of July 1796, this Appearer's said house • received YOL. II. The PRINCESSA. August 30th, 1799. received from the faid Don Antonio de la Cajigas, a • letter dated Buenos Ayres the 3d of March preceding, informing them of his having, through their 'aforefaid correfpondent at Corunna, received their power of attorney for the purpose aforefaid; that he had procured from the faid Ramon Ramon Diaz • 2000 hard dollars in part payment of the faid debt, ⚫ and laden 1000 dollars on board the Rey, and 1000 ⚫ dollars on board the Cortes, being two packets, for their account, configned to their faid correfpond⚫ent at Corunna: that on or about the 1ft day of Auguft in the faid year 1796, they received a fecond • letter from the said Don Antonio de la Cajigas, dated at Buenos Ayres the 28th April preceding, which was forwarded to Corunna by the packet Alcudia, confirming the former letter, and advising them that 2000 more dollars were laden on board the said packet for their account, configned as aforefaid; and further advising them, that he could confider the * whole as recovered, which he hoped would be verified by the next packet La Princessa: that in confequence of fuch advice, this Appearer's faid houfe caufed an infurance to be made at Lloyd's to the amount of 2000 hard dollars on board a packet or packets from Buenos Ayres to Corunna: that on last past this Appearer's faid houfe received a letter from the faid Don Felippe Gonzalez Pola, dated Corunna, March preceding [1797], informing them that he had received adavice from the faid Don Antonio de la Cajigas, that • 2000 dollars had been laden for them on board the packet La Princeffa, which had been taken as prize, and carried to Portsmouth and this Appearer • further or about further fays, that 2000 hard dollars laden, and on "board the faid packet La Princeffa, at the time when, The PRINCESSA 1799. in the profecution of her faid voyage from Buenos Auguft 30th, Ayres to Corunna, fhe was taken and seized as prize, did belong to him, &c. &c.' JUDGMENT. Sir William Scott. This cafe ftood over, for the judgment of the Court, on the claim of Mr. Dubois, a merchant of this town, for a quantity of dollars put on board a Spanish fhip at Buenos Ayres, and to be landed at Corunna in Old Spain. The account given is, that a partner of the said house had, in the year 1791, purchased an order of the King of Spain on the treasury of Buenos Ayres, which had been received there, and detained by the agent of the claimant ; but being recovered by a special application, this was a remittance of part of the fum. On looking into the papers, it appears by the manifest that the money was put on board, as the property, and for the account and risk, of a merchant in Spain; and the master verified the papers as true and fair, and swore "that they contained a real representation of the property." By the papers therefore, it appeared as Spanish property, and as confifcable to the King, being feized before hoftilities with Spain; but it is argued that, notwithstanding thefe appearances, it would be very hard that the property of a British fubject should be condemned upon them; the shipper at Buenos Ayres being ignorant of the real tranfaction, and of the state in which the real interest stood, knowing nothing of the real owner, and looking only to the confignee at Corunna; and it is faid that there I 2 have The PRINCESSA. 1799. have been cafes in which the Court has allowed an averment, and a claim to be fet up, in oppofition to August 30th, the original papers: It is faid also that this is not a regifter fhip, but a mere private fhip, with private papers; but I think it does appear, that if it is not a regifter fhip, yet it is fo nearly of that defcription, as to be exclufively appropriated to Spanish trade: It is a Spanish frigate employed as a packet of the King of Spain, to bring bullion and specie from South America to Old Spain; and I think the prefumption is most strong, that none but Spanish fubjects are entitled to the privilege of having money brought from that colony to Spain. I have looked carefully through the manifeft, and I perceive there is not one fhipment but in the name of Spaniards; therefore it appears that this is not an ordinary trade; and I must take this to be property, which must have been confidered as Spanish, and which could not have been exported in any other character. It has been decided by the Lords in feveral cafes, (that are so well known, that without naming them it will be fufficient to advert to the general principle,) that the property of British merchants, even fhipped before the war, yet if in a Spanish character, and in a trade fo exclufively peculiar to Spanish subjects as that no foreign name could appear in it, must take the confequences of that character, and be confidered as Spanish property; and I think I may fafely go the length of confidering this fhip, under the defcription which I have given of it, as coming under the operation of that principle. But if it was an ordinary trade, with an ordinary bill of lading; and taking it on a more lax-principle, |