Below is the OCR text representation for this newspapers page.

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.