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MIM A fHILAUfIIHIA tAIEK-
An abftrsft of tb ((Lowin';
cab- has already appeared ; but
tilt arguments of couuiel having |
been much abbreviated, ;nd the
decifran being cor. Li-red highly
important, it is deemed nctelLiy
to publift-i the report at Itngch.
BRITISH PRIZE COURT.
[ lhe following report Cannot
f ill of interesting our readers,
as the dec,lion amounts to a
r.ew and solemn affirmance of
that principle wh ch if, at pre
lent in dilpute between the U.
States and Great Brita n J
fp.IYY CGI/ NCI C CHAMBtR,
Mi.rcb 11, rBo6.
Present—Karl 1 itzwilham,
lord Prdident,
Duke of Montrole,
Lord Ackland,
M.tftt'r of Rolls,
Sir William Wynne,
bu Willi tin Scott.
fin/’ if the IViiiinn, J’ m 1 ‘ t j , 'J > aniper i
This c:ilr, which was an appeal
by an American claimant, from
a fentencc of the court of vice
admiralty at Ii atifax, ci r;e on a
a lecOr.d tin e before the board
on further proof, on the 24'ii of
last month, when it was folly ar
gued Gy the kind’s advoi re fer
the capture, and by Dr. Arnold
and Mr,Stephens for the claim
ant.
At the dole of the atgurrent
it was intimated by the court,
that they had nodoubt wlut thei
derision ought to be, but that
they wifiied to refer to the vari
ous cases that had been cited in
the argument, & on that account
ody they directed the cauie to
Hand over for judgment on a
future <fi<y. Accordingly, this
clay the unanimous judgment of
their lordlhips was given, in a
very able and luminous manner,
by sir William Grant, the Mas
ter 01 the Roil.
His honor briefly fluted the
single qudiiun in tue cavfe to be
whether the voyage, in which
the property of the claimant was
embarked at the time of the cap
-1 re, v.as a lawful voyage. The
cargo in queltion confided of
cocoa, which had been flopped
at Laguira, a pert in the Sn.imfli
province o( Caraccr s, in South
America,on account of the claim
ant, i t the fame lhip in which it
is captured; and was brought to
Marblehead, a port of the Unit
ed States, where it was entered
and landed, a bond having been
given as usual foV the duties ;
but it was few days afterwards
rc-fhipped in the lame bottom,
and dilpatched on a voyage to
lfilboa. Debentures were there
upon granted to the claimant for
the amount of the duties, a small
part excepted ; and these deben
tures being, at a fubfrquent pe
iiod, given up at the cullom
hcyile, and [mail a ballance paid
in cafn, the bond given on the
entry from Laguia, was cancell
ed*
This, our readers will oNerve,
is ihe ordinary,courfe of proceed
ing in like calcs ■, and which is
contended, on the [ art of Ame
rica, amounts to a ‘air impor
tation into that country, so as to
just if y thef'ublcqucnt tranfmillion
ol the pioduce of a liolfile coun
try to tlie mother country, or
any other part of Europe, while
the contrary is maintained by
our prize courts.
1 he m after of the rolls did
nor tnter into thole uent-ral ptun
ciples of the law of nations, or.
-which this country affcn&a ri. ht
neutrals from carrying
rfi'McU )ton,jl triU ‘ e our e -“*
fedntis. Sultaincv i h' rs which
of glory, he finks nol u *‘ t a:K ‘
rendings of pain—the
difcafc ate confidercd ‘
price of his paifport to a uni *
ltatej and, refigneJ, he
the cup of affliction. The .
of the Cnrititan is the revivi 11 *
faith. Thole who Hand ac * Q
bed-fide —who behold him thre 1
off tnc (hackles of mortality, ht,
countenance beaming with heav
enly 1 miles, and his lips uttering
pr^ilc—mult furcly be conna
(y the royal isift: uiTliors •‘iiefi j
applied to •r.
I Ls honor then proceeded u !
expole, in a fire in of the ch > h
and i'.l ft con luflve reafonirp,
the absurdity of regarding lb lo
deviation from the dired: courl I
of die intended voyage, floj pin :
at an A nerican port, the land
ing and re-flnpping the cargo,
and the formal proceedings at
the cuitum-houfe there, as lega
lising a vovage r.inch would o
ithervvile have been urdawful un
der the royal inflruflion, when
jthofe acts are dilcove-ed to have
been merely oltenfible, and con
certed for the very purpose of
evading the rule of law.
The true intention of the par
ties, he < bferved, might not, in
gener-d, be easily difeovered, be
cause the fime exterior circum
fUnces naturally accompanied
an tv a five and a genuine impor
cation. But when an intent
merely to give a falfeappearance
to the tranfadtion was difeove
red, it was impo fliblc for the
court to give efFeft to such a;,
int ncion, by holding, tint the
fid voyage vv;:s dil rontinued,
and that anew one bad com
menced, without admitting, that
the leading charafter of a trans
action w; s to be determined, not
by its real nature, but by the
name which the parties chose to
give it, and by the falfe colours
which they made it to wear.
The diredt voyage from the
Spanish colony to Spain was
11< aily prohibited; but whei
colonial produce, flopped in th
former, was designed to be car
ried in the bottom of the latter,
a deviation from the direct course
of the voyage, contrived for the
mere purpole of giving anew
name and anew appeal ance tv
the tranlhftion, cculd not alter
the case. It was (till in fubfiance
and elLdt a direct and Angle
voyage ; and in the conftruiVion
of plain and common fenle, it
was impossible to view ihe ref
ftridtioir in a different way.
After illuflrating this point
much at larse, fi.s honor adverted
to the circu 1 (Lnces of paying
or at curing duties, which had
been much infilled upon by the
1 crchants of America, as leual
ifing these voy:;g' : s, according
to the former judgments of cu:
own prize tribunals. In thm
relpcd, he laid, the lords com
tmlfionefs had been allcdged to
have depait-d in a late case, that
of the Lfiex ,Ornr, irafttr,
tom fome rule they li.id pre
vioufly laid down- But, in tad,
the payment of duties hail nev
er been regarded by them in a
ny other light, than as circum
ftancial evidence of bo.,a-fAe, in
the importation into America,
It had been fuppol’od, that large
import duties wtre really paid
into that country ; and il 10, to
be fu:e it furmfhed a ltrong in
dication of a dcfign in die party
paying them, to make a ieai anu
not merely an oltenfible impor
tation. So the court of admiral
ty had realonabiy thought in the
calc of the Polly, La iky, matter,
the fi.lt case on this lubjeCt ; but
ihe learned judge of the-court
had anxiouliy guarded, in his
judgment, agmnit the notion
chat this or any ocher circum
stance amounted to conclusive e
vidence, th**: the importation
was genuine, or that the puv
incm oi dunes of iclelf gave le
gality to the trade.
It afterwards appeared, howe
ver, in the case of die Ellcx, that
the law of America, in refpedt
ro” thcle importations, was very
dilfcrent fro n what h..d fta
red in che former cases, and had
been received as iact, both by
the court of admiralty and this
noard. ir.iL ad of a large sum
oemg paid by duties, it was
foun l thac a bond only was giv
eu, and that debentuies were is
iued in return by the cullom
home j on die production oi
which, after the re-exportation,
the txmd was cancelled, except
that a very Irnaii | ortion of me
duties was paid and retained. I;
rppeared, ter inllance, in die cak
the Lfltx, tliat of jUo doi*
t 1
liars, the t u! an oust of dates{.
or vvlwCS bond had bc-m given,
no Is fit ihan SCOO dollars had
j ;een finished t>y such deben
"jr s, and only 193 dollars ac
ually pa*d.
I: became evident, therefore,
that the inference formally drawn
trom the fuppeied payment of
. jptits, was groundless; for al
though it might be presumed,
tnat the [ arty who pai 1 so large
a sum as ,5000 dollars to the cus
tom-hoofs intended an adlual im
portation, the payment of the
petty sum of 193 dollars could
iupport no such presumption.
C<nfequeritiy, from the time
that the law of America became
correally known to cur prize
tribunals, the paying or securing
duties could no longer be regar
ded as a material matter of evi
dence, in cases of this kind.
Here his honor remarked, that
this coun ry could not be reason
ably accused of wiihing to pres
cribe to America what duties
Ihe Ihouli receive or retain in
this species of commerce. If
(he thought fit to admit of such
importations without any duties
at all, the oniy consequence
be, that there would be one cir
cumllance the less, from which
the true intent on of the impor
ter could be collected. Tfee
queltion still would be as now,
and as it always had been, whe
ther the tranfaiftion was real and
fair, or only a colourable pro
cfecdii.g, in order to evade the
rale of law, by concealing the
due nature of the voyage.
His honor next declared, that
hf had carefully looked into all
rbe decided cases on the fubjedt
nd iliac he found, not only that
ctere was no differences between
the 11 in principle, upon this
print, but iliac they all fupport
td the rule he had fidt laid clown
with great uniformity-
To prove this, he went thro’
thfc leading circumflances cf
ea:h of thcle cases, in a chron
ological order, and shewed, in
the moil fatisfadtory manner,
.hat the landing and paying of
duties alone had never been
regarded by the court as con
dufive, but that the queltion
had always turned on the atten
tion of the importer, as collected
from all the circumflances taken
together ; that when pofuive
evidence was in iume cases giv
en of both thele facts, and when
die duties was believed by the
‘-ourc to have been actually paid,
still further pioof was directed
as to 1 r.furances, as to offering
the cargo for ialc in the neutral
pore, and other circumltahces
indicative of the true intention
of the party ; and thac when
he transaction was found to have
eeen merely designed to break
in a'ppe,trance the continu.ty ot
the voyage, and thereby elude
•die rule of law, the propriety,
notwichltanding the landing and
paving of duties, had always been
condemned.
Long prior, therefore, to the
cale or Lllex the American mer
chants mult have known, if they
attend at all to the proceedings
of this Board, that the landing a
cargo, and paying or lecunng
dunes on it, in their own ports,
would not iuffer to protect then
trade between the hofble colo
nies and Europe ; and the pres
ent complaint of iurprize or wact
of notice was totally unfound
ed.
His honor then applied to
general rule, thus clearly eihb
lifhcd, to the case in judgment.
Here he obferved'the Claimant
had not left them to make ou;
his intention from circumltantial
evidence, for he admitted the
receipt ot letters and pr.ces cur
rent from Spain, which deter
mined him, before the zrrivJ o’
this cargo at Marblehead, tc
tend it forward to Spam. Con
fcquently the lublequent trani
abcions at the American port
coutd not be intenced as an ac
,-tul importation into that coun
.try, but were merely uled as .
cover for his pre-ccnceivtd pur
pole, and the voyage from La
guira to Spain, was difcoruinuco
.'^ r a v.a, r -.,a.- ‘"**• ’ 1
■,■ it in : t> ■ - •
Judgment, con deft > king the j
orooer y as lawful prize.
Dr. Lawrence, as Arrucss Cu
ria; stated to their lordships, that
in case of Ihe Polly, Lasky at
the admiraiity, an affidavit had
been produced, on the part of
the claimant, llateing that the
adual payment of the du'ies
were secured by bond in these
cases, and difeharged by deben
tures in the way that had lince
appeared. He alio ment’oned,
that by a law of America, as now
clearly underftoed the importer
aftuaily derived a poficive ad
vantage by these trar.fadions ;
for that though the duties are not
paid, negotiable debentures are
issued on the credit of the bond
and these the importer can put
into circulation until a period at.
fome months diilar.ee which is
allowed for the payment of the
bond,’ or for its uiuT.arge by
production of these debentures.
HAGUE, June 10.
Ycfterday McflVs. Veriruel and Van
Styrum returned hither from Paris The
other deputies will (hardy follow ; and
our new sovereign is aifo expected in the
course of a very tew days.
His excellency Mr. Verhuel, after
paying a visit to the atting penfionary,
held conferences with the (ccretary of
hate, and opened the fpccial mjflian en
trulted to him by his imperial hightiefs
prince Louis Napoleon, as king of Hol
land, as the reiult of several resolutions
for the organization of the government,
and communicating that his majesty the
king had appointed M. Varbucl minis
ter of the marine, and M. Gogel, minis-
ter of the finances, the other fecretariee
of (late being charged to continue in
their polls till the kiug’s arrival which
they accepted.
The fanr.e gentleman repaired in per
son to the aflembly of their high mi-h
----tintffts, where also, in pursuance of his
commission, he exprefihd his maj/fty’s
charge, and made the n -ceftary couima
nication3—he also repaired to the coun
cil of state : after which his excellency
assumed the executive power, tn the
name and by authority, who had afted
ad inter turn, rdigned that post, and re
lumed that of l’refident of their high
mightinefTes.
THE CONSTITUTION 1 L L AV/’
GENERAI. DISPOSITIONS.
Article 1. The conftitutianai laws
a£lual!y in force, efpecialiy the constitu
tion of 1805, as the civil, political, and
religious taws, the txercife of which is
conformable to the regulations of the
treaty concluded on the 24th of May of
the present year, fnall be preserved i.rvi
olate, with the exception of those only
which flrall be aboliftied by the prdtnt
constitutional laws.
2. The Administration of the Dutch
colonies is regulated by particular laws,
and the cxpences of the colonies ihait be
estimated as a part of the revenues of the
date.
3. The public debt is guaranteed by
the present laws.
4. The Dutch language (hall contin
ue to be employed txciufively in the laws
the publications, ordinances, judgments,
and all the public afts, without distinc
tion.
5. There {hail be no changes made in
the name of the prefenveurreut coin un
j less it will be autuorifed by a particular
law.
6. The ancient colours of the slate shall
be preserved. *
7. The council of state fta!l be com
poied of 13 members. The miuifttrs
shall bold tfisir rank, the situating and
their votes of deliberation in the laid
council:
OF RELIGION.
1. The king and the law, grant equal
protection to ail religions which are pro
fcfiled in the state. By their autlioiitv
every thing necefiarv for the organiza
tion, the protection, and the txercife
of every kind of wurfhip is to be deter
mined, Tue exercise ot every kind of
religion is to be com fined to the iuterioi
of the churches belonging to the differ
ent communions
2. The king (hall enjoy the public
txercife of his religion in his pala e,
ar.d in every other place where he shall
reside.
OF THE KING.
1. The king Ihall exclutively and with
out reftridion, that the complete txer
cife of the government, and all the pow
er nectffary to secure the execution of
the laws, and to cause them to be rtf
peded. He has ihe nomination to ail
the charges and oinces, civil and military,
which according to anterior laws, were
veiled 111 the grand pentionary. lie
fikewife enjoys -.he pre-eminence and the
prerogative* hitherto attached to that
dignity. The coin of the state fliah
bear his image. Justice Ihall be admin
■ Itered in his name. He has the right
of granting pai don, abolition, or the mi
tigation o! tne pains produced by j.idi
o.aiy awards ; reverttielefs, he (hall not
beau horile-d to exercise this right, but
after having t eard tne members ot the
‘ational court in hi* privy teiuncil.
2. Upoa the death of the king, the
offi.e ot guardian to tne inn.or king
fiiafi be veiled ui the q/ten tic wager,
■’ ‘ “V ° r h '“ ‘ • k perf.-n 1
1 .-a!i be t:.n - A for tlm purpose 1
v • emperor of the Fr n-.-h. J
3 Th ■ regent (hull he nfiifted hy a f
•ou oil cl na ives, the qualifications anil *
privileges of whom Ihall be determine 1
By a particular law. The regent fhr.ll J
not be ptrfonally reipor.fible for the acia I
of hi3 government.
The government of the colonies, and
every thing relative to their internal re—
guiation, being exelufively to the kin 7. ?
The general administration of the
kingdom is confided to the immediate
diredion of four rniniftera of state no
minated by the king, viz, The minister
of foreign affairs, the minister of war
and marfi f a minister of the finances,
and a minuter of the interior.
OF THE LAW.
1. The law is established in Holland
hy the concurrence of the legislative bo
dy, formed by the afLmbly of their high
rrnghtintffes, and by the king. The le
gislative body is composed of 38 mem,
tiers, eleded for five years, 3nd nomina
ted as follows: for the department of
Holland, 17 members ; Guclderland,
four ; Brabant, four ; Friefland, four ;
Overyeffel, three ; Zealand, two ; GlO
- two ; Utretcht, two ; Drentbc,
one. But the number of the ir high
mighlineffes may be augmented by a
lav/, in case of aggrandifement of terri
tory.
2. To complete the number of mem
hers authorjied by the foregoing article,
their high mightinesses ftnil present to
hia majelty a lift of two candidates for
each of the vacant places. The king
ftiaii make the election out of the cundu
dates proposed.
3. Ihe present peiifionary ftt.dl
take the tit t of Prefidcnt of their higli
n.ightinefies, and txercife his fun&ion
in this quality during life. The choice
of his aceeffor Ihall take place in the
manner determined by the conftitutioa
o; ISOS.
4 The legislative body Ihall chufe a
recorder out of its own body, by a plural
ity of votes.
5. The legislative body (hail afil-mUe
in ordinary twice in the year, viz. from
the iyta of April to the i ll of June, from
the iytn of November to the 15th of
January- On the 15th of Novemoer, a
fifth of the old est members fnall go out
from the body. The firft member (lu ll
go out on the of November 1807.
Such members, notwiihftanding, may be
rc-elefded.
OF JUDICIARY POWER
The juaiciary inftitulions ihall be pre
served in the mode they have been e
ftabtiihed by the confttiution of ißos.
2. Relative to ihe judiciary p ,vtr,
the king (hall exercifc all the tights and
all the authority veiled in the grand peri,
fiotiary by vtrtuc of the conltilution of
18c6.
3. Every thing that relates to the ex
ercile of mi itary criminal justice fnall
be feparatcly regulated by an ulterior
lav/.
Ad mi ni (Iratoi L Sales.
ON Saturday tbt i\jt September
text, will be fold at Audi ion, m
the fozon of it. IV'hirys, cn tbz
iC bWELLING HOUSE
£3k now occupied by Mas,
in the Town aforefaid,
fuuated on Wheeler Street.
ALSO,
Sundry articles of Household
Furniture, late the property of
Capt. I’ci.er Knight deceased,
on a credit of 2 and 4 months,
payable in final! approved nutes*
JOHN ROSS,
Admin ijl rat or,
Au?ul 1 99.
NO 1 ICrb.
rpHOSE who have claims
Jg_ against tiie Estate of Peter
Knight deceased ; will pleaie
render them without delay ; and
those indebted, are requeued to
maxe payment to
JOHN ROSS,
Admini/lrator .
SA M<ry%, August 1 99
K O B BE K T.
SOME villain or villains not being
content with pilfering the stores of our
honest and industrious inhabitants, on
the night of the 6'.h inti, broke open the
door of the Laboratory, belonging
to the Chatham Artillery, and stole from
thence 13 Cetridges, of one pound each,
and fome fixed ammunition, together
wi.h other aitides belonging to tbe ccm,
pany. It is to be observed that the city
Patrole, each night in the week occupy
one half of the tenement where the La
boratory is kept—and as the inhabitants
are in the habit of employir| vagabond
fubjhiutes to do their outy, it h natural
to luppefe fome oi ihTe wretches have
perpetrated \ne deed. Any person giv
ing information, that will ccnvia the
cufereants, shall receive a reward of
iw'lnty dollars.
ben wall.
Ar ’ ul) 9 Cap/, Chatham Artillery.
ASSIZE for e.i-gujt, t v co.
THE price of FLOUR MID, 3 Ter. dcilari
P**’ uarre', i , lac ; u s. weigh, VIZ.
13 1 * cer ’ 1 ’ Loaf | 6 1.4 ctai. Loaf
Al h ’,. - cr. j 1 lb. . o z .
v/i which all Be .ers and Seilers of Bread
-rat',, tx/ci; anil pait : Co ar notice.
j, maiRSHuL, -City Tteafurcr.