of 1080 words 0 16 0Every 1080 words Bill of lading to be exported Indemnity bond 1 [Passport. 0 5 0 3 0Bond relating to £. 8. d 50 0 0 750 0 of 5000 and not 7500 2 10 3000 and not 4000 If the consideration should be under 501 0 15 0 If it shall amount to 50 and not to 150 100 1.10 0 0 0 excise or custom 0 15 0 If 150l. and upwards MORTGAGES. 0 10 10000% 10 0 0 12 0 0 0 13 13 0 0 do 0 0 Exceeding 200001. Probates and Letters of Administration. Letters of administration or probate of a will of any person deceased, exclusive of what the deceas ed shall have been possessed of, as a trustee and not beneficially. 00 200001. 15 20 00 Above the value of 201. and under 1001. 0 10 0 200 500 800 11 0 0 15 0 0 22 0 0 Above 1007 for every 100 or fractional part 0 Any other voyage not exceeding twelve months. POLICY OF MUTUAL INSURANCE. Upon any coasting voyage, for every 1000 or fractional part. Upon any other voyage not exceeding 12 months, every 1007 or fractional part, insured to any person Insurances (not before charged) from loss or damage of any kind, pay, in every case, double the duties laid upon coasting ships, &c. Above 8001, and under 10001. 0 3.6 And so in proportion up to 500,0001. or upwards, for which the duty is 60001. Exemptions-Letters of administrations and pro 50 bates of will, of any common seaman, marine, or soldier, who shall be slain, or die in the service of his majesty. Transfer of Bank or South-Sea stock Assignation or assignment of any property, real or 1 7 0 1 10 0 150 [Passport 0 Bond relating to Glexcise or custom 0 15 0 or upwards, then for every entire quantity of Debentures, entitling any person to receive any 1080 words contained therein, over and above the first 1080 words a further progressive duty of AWARD in England or Scotland And the same sum for every 1080 words after the first 1080. Bargains and Sale (or lease) for a year to accompany a release of the freehold upon sale thereof, where the purchase money in the release shall not amount to 501. Amounting to 50l. and not 150/ 1507. and upwards 0 15 1 0 0 1 10 0 060 070 090 If more than six, not more than eight If more than eight, not more than ten Gertificate, to be taken out yearly, by every attorney The christian and surname of the proprietors must or solicitor, and by every proctor, if he reside be painted on the outside pannel of each door, with within the limits of the two-penny post, and the name of the place from whence they set out and shall have been admitted for the space of three to which they are going, on pay of 107. years and upwards For less than three years Residing in the country, having been admitted three years or upwards If he shall not have been admitted three years 10 0 5 0 6 0 3 0 Post masters, inn-keepers, and other persons, letThe like certificate to be taken out yearly by every ting post horses, without a license, forfeit 104 and person being a member of the four inns of court, keeping more than one inn under one licence, 201 who shall, in the character of a conveyancer, spe- And must also have "licensed to let post-horses," cial pleader, or draftsman in equity, act with a on the fronts of their houses, on pain of 5%. view to any fee or reward Certificate of Marriage, except of any common sea- By an act passed the twenty-ninth of June, 1810, inn man, mariner, or soldier 050-keepers are allowed eight pence per day for each Certificate of goods having been duly entered in-non-commissioned officer and soldier quartered on wards and issued for enabling any person to obtain them, and are required to supply them with a pound a debenture or certificate, entitling him to re- and a quarter of meat previous to being cooked, one ceive any drawback of duties or cus toms STAGE COACH AND POST HORSE DUTIES. pound of vegetables, one pound of bread, two pints 0 4 0 of small beer, and pepper, salt and vinegar. And the sum of one shilling and two pence for hay and straw per day, for each horse, instead of sixpence. Where there are more outside passengers than are allowed by this act, such penalties to be imposed The former mode of furnishing diet to non-com upon the owner or any person driving such carriage missioned officers and soldiers is repealed, and in aftermentioned, provided that no child in lap, or un-lieu thereof, all commissioned officers and soldiers der seven years of age shall be included, unless are to receive diet and small beer from their quarmore than one, that two of such children shall be ters, at the rates above prescribed while on their equal to one grown person, and so in proportion.-march; as also on and for the day of their arrival at No person paying as an outside passenger shall be the place of their final destination, and the two permitted to sit as an inside passenger, unless with subsequent days, unless the subsequent day shall the consent of one inside passenger next to whom be a market day in the town where such soldiers such outside passenger shall be placed. Where such shall be billetted, or within two miles thereof, in coach is wide and commodious, and duly licensed, which case the innholder may discontinue, on such four outside passengers shall be permitted to sit in market day, the supply of diet and small beer, and the front, but the number shall not exceed ten.-furnish in lieu thereof, the articles in the said ac, Height of stage coaches eight feet nine inches from specified at the rate before mentioned. the ground. No luggage to be carried on the roof exceeding two feet in height, if drawn by four horses, or eighteen inches if drawn by two or three. No passenger to sit on luggage under a penalty of 50s. Important Argument. From the Providence (R. L.) Phoenix. If with four horses ten outside-two or three horses five outside-long or double bodied eight On the 4th inst. a novel and highly interesting outside, exclusive of coachman but including guard. question was argued before the district court of the Penalty 101 on coachman permitting another to United States, holden by his honor judge HowELL drive. in this town, in the case of a libel against the ship Penalty 101 on carrying more outside passengers Aurora, of Newburyport, prize to the privateer than the license permits. Summons left with the Governor Tompkins, of New-York, found sailing book-keeper to be good service. Drivers of stage under a British Licence. The principal documents coaches leaving their horses, or neglecting their produced on the part of the libellants were--a Cor duty, penalty not less than 10s or more than 101-sular copy of a letter from admiral Sawyer, comNot to extend to hackney coaches drawn by two manding on the Halifax station, referring to a prehorses only. Drivers incapable by intoxication, re-vious correspondence between the admiral and Antarding his majesty's mails, or not accounting for drew Allen, jun. British Consul at Boston, on the passengers and parcels taken by them, shall be com-subject of supplies from America, reciting the nemitted. cessity and policy of maintaining a constant supply If the guard fires off his arms except for defence. of provisions from America to the British West Into forfeit 51. Carriages of a certain description, car-dia islands, with assurances to the Consul that his rying no luggage except in the inside or boot, to majesty's vessels of war would be directed to percarry an additional number of passengers. Hack-mit to pass and fully to proteet all American vessels ney coach stages are exempted from the operations so laden and bound, and which should have on board of this act. Any person letting horses to travel post, or for a day, or any less period than 28 successive days, to pay a licence of the pass or licence of the consul, with a copy of the admiral's letter authenticated by the consul; also, a pass signed by the Consul at Boston, with such 0 50'authenticated copy annexed; also, a pass of the consul from Newburyport for Norfolk, the port enemy, and under a formal license of protectection where the Aurora was to take in her cargo for or supply, this is as much trading with the enemy, the West-Indies.-The official papers explicitly as if the subject of trade were the property of the stated the intention to be, a supply of the British enemy, and the destination an enemy's port. In the West India Islands, although the ship's papers pur-latter case you trade direct-in the former indirect. If ported a voyage to a neutral port. There was some a different doctrine prevailed, a national right would other matter connected with this cause, but the be sacrificed at the shrine of the meanest artifice."above evidence founded the point most interesting "But," continued Mr. W. if you pay the enemy for to the community. We present a statement of the such a license, the case is still stronger, as the trancase, more from the magnitude of the legal ques-sit of the medium of commerce stamps a comtion than a wish to make it a subject of mere par-mercial character upon the transaction; and in this ty discussion; but at the same time we think it a light alone converts it into a supply." "As to the duty incumbent on every American, most pointedly locality in the inception of the this transaction," to reprobate a practice so manifestly criminal and Mr. W. said, "it is the known legal rule of coninjurious to the country. struction, that its deleterious character is communi In the opening of the case John Woodward, esq.cated to the ship, the cargo, and the voyage, for a distinguished counsellor from the city of New- which the transaction is intended to provide, and York, occupied nearly 8 hours in a series of the which are described on the face of the license. most cogent and connected arguments, during no In the close of his very able and luminous brief, moment of which period, was the attention of the Mr. Woodward observed, that "much as to the incourt or audience suspended. What peculiarly terpretation and inapplication of the rules of the distinguished this gentleman's reasoning was, that law of nations, will depend upon the character of the he urged no position or doctrines which he did not war in which we are engaged. The war of the United support by the production of some principle of the States with Great Britain (he proceeded) is a war law of nations, or some decision founded on that between two maritime and commercial nations, in law. It cannot be expected that we should, from support of an independent commerce. The rules of memory, precisely state the whole of Mr. W's very decision which have applied the law of nations to the ingenious and truly legal disquisitions, which ex- conduct of the citizens of each belligerent; have been torted the most respectful approbation of the Bench, always so construed and applied as to effectuate the and the admiration of the auditory. As a prelimi-notorious reasons and policy of the war. This is not nary ground, he clearly established, that the statu-a theory, but has been emphatically pronounced by ary forfeitures of Congress had no bearing on the the decisions to which I have referred; and it will case, excepting so far forth as a binding municipal be found by those decisions, that the principles of regulation was auxiliary to the provisions of inter- the law of nations have always been, under legal disnal law. His main proposition was, "That obtain-cretion, restrained or enlarged, so as to effectuate ing from an authorised agent of Great Britain, pay and not intercept the notorious and avowed policy for sailing under, and exhibiting upon the high of the war. And more particularly has this princi seas, as protection for the voyage, a British License ple been enforced upon questions arising upon the of pass and trade, by an American citizen, without conduct of a citizen of one of the belligerents with the permission of his own government, the two coun- his own nation; which is the present case. To trade tries being at war, are in themselves cause of cap-with, or hold a commercial intercourse, whether by ture and condemnation, as prize of war." To sup- persons or property, with the enemy, without the port this proposition, a variety of grounds were license of one's own government, is proven by all the taken, among which were-That licences were fac-writers upon the law of nations, and all decisions titious and not a part of the law of nations; but the touching this point, as adverse to the policy of war creatures, 1st of prerogative, and that confined to waged for the purpose of commerce-that it amounts municipal regulation; or 2d, of compact; or 3d, of to a misdemeanor, and is cause of confiscation and parliamentary provision; that the licences in ques-condemnation. Suppose our citizens be permitted tion were against the nature and law of war, as they thus to obtain, pay for, and act upon these licenses; put it in the power of particular individuals to re-they would be in the practice of all the evils and delax or abate the rigor of the war; against the ob-rangements which the law of war is intended to pre Ligation of allegiance; and that the stipulations of vent; they would facilitate treacherous correspon such licences could not be enforced by any known dence, information and supplies to the enemy-the law: That the obtention and possession of those livery evils assigned for the prohibition of all commer cences of pass and supply, and the sailing under cial intercourse, or, in the language of sir William them, knowing of the war, was a trading with the Scott, (in the case of the Jonge Pietre) "all commu enemy, independent of the port of destination, nication, direct or indirect, without the license of and of the right of property, which may be the government," with the enemy. The anomaly of a subject of such trade: That the case of a li- citizen at peace and his nation at war, would em cence to trade to a citizen or subject from his own phatically exist; nay-the absurdity of that citizen sovereign, was distinct from that of a licence to a making his peace and his fortune by the disposition citizen or subject of one of the belligerents from of the enemy, obtained adversely to that of his own the enemy, without the sanction of his own govern-government. It is also easy to perceive that by those ment; and would be the supposed case of the neu-Licenses it would be in the power of the enemy to de tral, for no question like the present could arise stroy or counteract the internal commercial policy between the neutral citizen or subject and his own and relations of the states, or politically to distract nation, as that nation would not be a party to the the union, by concentrating the trade into some par war, and the description of rights here involved ticular state, or casting it into the hands of a parti would not in that case be in question. cular party. It is the language of a finished civilian, "The question," said Mr. Woodward, "whether that "there is no such thing as a war for arms and the property be American or British, matters not, peace for commerce the provided the indirect or direct trading with the "If we silently permit our citizens to traverse enemy be established. If you use your property so ocean under such licenses of pass and supply from as commercially to benefit and carry into effect the the enemy, (Mr. W. added) it has been already prescribed and stipulated commercial views of the proven, that by the basest collusion between Ameri can citizens and the British government, we enable,amination, November 14th, declares the property the enemy to take by stealth a portion of our nation-to be as it is claimed, naming all the shippers, ag al sovereignty; and if this high principle of nation-they now appear to be evidenced, excepung one, al honor thus bear the touch, it would be better to and states that he signed bills of lading to the sc surrender the whole. In a commercial war, which veral shippers. The omission of the name of one of is always preventative and restrictive, by such lieens-the shippers in the master's evidence, is believed to es of pass and supply, the enemy would assume the be inadvertent, as the bills of lading were not in his right of regulating the commerce and directing the possession. Four days after his examination, the capital of our own citizens; the independence and supercargo delivered to the commissioners a bill of integrity of one of the belligerents would be less in lading and invoice of the whole cargo, excepting the the dependence and prospects of its citizens or sub-master's adventure. By those documents, Samuel jeets upon the authority or courtesy of the other: G. Griffiths appears the sole shipper, and his orders The civil relation, the national pride and the boasted to the supercargo are annexed, directing him, on bis morals of our countrymen would be corrupted or arrival at Lisbon, to dispose of the cargo, and to edestroyed by the deleterious influence of foreign mit the proceeds to the shipper's correspondents in gain; and that distinguishing and repellant point of Liverpool, in England. The master also had writ character which marks the American citizen, both ten orders from Griffiths, the owner of the vessel, at home and abroad, and which now stamps our na- to make sale of her at Lisbon, if any advantageous tional character upon the fears and the admiration of offer should be made, and to remit the amount to the world, would be found at the feet of the enemy, England. By the affidavit of claim for the lading, or lost in the mazes of British corruption." made by the supercargo it is stated, that only twen This cause commenced on Thursday and continu-ty-eight barrels of our belong to Griffiths; that ed until Monday afternoon, when the attorney-gene- the residue belongs to the other claimants in difral Burrill, and Mr. Boss of Newport, as counsel ferent proportions; that a separate bill of lading and for the claimants, (Clark and Wheelwright, of New-invoice was made out for each shipper, excepting buryport) having closed a very elaborate and ingeni-Griffiths; and that the master also signed a bill of ous argument on their part, Mr. Robbins, U. States lading for the whole of the cargo as the property of district attorney, was about commencing what we Griffiths; that all the separate invoices and bills of have no doubt would have been a finished plea in be- lading with the instructions of the respective ship half of the libellants, when the court superceded pers, were deposited with Griffiths for safe keepan argument on his part, by pronouncing a very ing, the supercargo having first taken extracts for strong and able judgment, condemning the ship and his guidance in relation to the disposal of the cargo; cargo to the captors. It was remarked that the that the general bill of lading with an invoice and judge's opinions were in complete coincidence with letter of instructions from Griffiths, purporting the the doctrines and arguments so powerfully enforced whole to be his property, were delivered to the su by Mr. Woodward. percargo at the time of sailing, and were on board In the course of his plea in the above case, Mr. at the time of capture. In explanation of this ar Burrill stated, that it was within his knowledge, rangement,it is stated, that it was thought advisable that a gentleman of this town purchased a British to have but few papers on board, in order to prevent license in London for nine guineas, and the same li-embarrassment and delay, in case the vessel should cense was afterwards sold in New-York for $ 1650. be taken on her voyage, and carried into any fo JUDGE DAVIS'S OPINION IN THE CASE OF THE BRIG HIRAM OF BALTIMORE. MASSACHUSETTS DISTRICT. DISTRICT COURT. IN ADMIRALTY, Feb. 6, 1813. Ass HOOPER and als. Master, Owners, and Crew of the private armed brig Thorn, VERSUS reign port. An objection was made to the admission of the papers delivered to the commissioners, by the supercargo, after the examination, but it was waved, and those papers were admitted by consent. Among the papers found on board, was a license or protection, being a certified copy of a letter from adimiral Sawyer to Andrew Allen, esq. late British consul at Boston, and an additional protection or letter of safe-conduct from Mr. Allen. The vessel being found sailing with these instruments, appears to have been the cause of the capture and bringing in, though other additional grounds for condemn Brig Hiram and Cargo, Joux B. BARKER, master. tion have been alleged and urged on the trial, parSamuel G. Griffiths, claimant of the vessel and 28 barrels of flour. ticularly the destination of the proceeds of sale of Cornthwait & Carey, and als. claimants of the residue of the cargo. variance between the assorted interest in the cargo, vessel and cargo according to the instructions. The This vessel, laden with flour and bread, sailed and the papers on board, rendered further proof of from Baltimore for Lisbon, on or about the 24th property requisite. An order was made for that September last, and on the 15th of October was purpose, after a hearing upon the papers found on captured by the Thorn, and brought into the port of board, and the preparatory examination. Excep Marblehead. The vessel is not entitled to a regis-tions were made to the testimony of the master and ter, but is duly documented as the property of supercargo, in some particulars, which were supGriffiths, the claimant, by a certificate from the col-posed to render further proof inadmissable. The lector's office at Baltimore, dated June 24th, 1811. omission to disclose the invoice, bill of lading and Among the ship's papers, delivered to the captors, orders above mentioned, on the examination, is not there was no document specifying the owners of the indeed explained to entire satisfaction, especially cargo. The supercargo, in his examination before on the part of the supercargo, to whom those pa the commissioners at Marblehead, on the 3d of Nov. pers were committed; and it must appear in a de. declares the cargo (excepting 100 barrels of bread, gree strange, that the supercargo should not be athe master's adventure) to be the property of se-ble, on his examination, to recollect the name of the veral shippers at Baltimore, whose names he could shippers, whose property was committed to his ma not recollect, though he says he had received from nagement, and of whose instructions, though not them letters of instruction. The master, on liis ex- then in his possession, he ind taken mmutes. 1 übe AP. VOL. III. B tice the explanations that have been offered. The officers of his Britannic majesty's ships of war, or of omission, as to the invoice and bill of lading, what-privateers belonging to his subjects.* ever may have been its character, whether volunta- It is contended that these papers stamp a hostile ry or inadvertent, was speedily repaired by a delive-character on this vessel and voyage, which is insur ry of the papers in question to the commissioners; mountable and fatal; that the American character and I do not find the exceptions to the evidence of of the vessel and adventure is forfeited by an assosuch a description as to justify a preremptory con- ciation with enemics, and by being voluntarily plac clusion against the owners, and to preclude an op-ed under the protection of the enemy's armed force, portunity for further proof of their asserted claims. and it is further contended that the possession of That proof has been produced, together with proof such license is evidence of an illegal commercial inrelative to the manner in which the license was pro- tercourse with enemies, and of enemies' interest in cured. The evidence presented fully establishes the the concern, or of a subserviency to the views of property to be as claimed, and supports the account the enemy, in violation of the duties of the citizen given in the affidavit of claim, by the supercargo, as and of his allegiance. to the ownership and arrangement relative to this What shall constitute a hostile character, is suffi voyage. The reason given for this simulation of pa-ciently well determined in many instances, which pers, which corresponds with that given by the su-are strongly marked. One characteristic is the sail percargo, I must admit to be real, though I must ing under the flag and pass of the enemy. This is add, that the proposed advantage does not appear conclusive to the character of the ship, and is a of sufficient importance to require such a disguise. complete bar to the claims of an asserted neutral It has had the common effect of such simulations, proprietor, (5 Rob. 13, Am. ed.) If assumed by a to perplex the inquiry and give a dubious character subject of the capturing belligerent, it would be to the transaction. I know that to a limited extent equally conclusive as to grants, and would be deci there is an indulgence to such disguises in courts of sive against the admission of any claim. In giving Admiralty, if the cause be explained to the satis-judgment on a case of this description, in relation faction of the court, especially if intended to re-to the Dutch flag and pass, assumed by a neutral, lieve from difficulties imposed by the restrictions of Sir W. Scott observes, that ships have a peculiar an enemy, and not originating in views to avoid or character impressed upon them by the special nature defraud the regulations of the country of the own-of their documents with which they are so invested, ers. The worst effect of such disguises, and it is a to the exclusion of any claims of interest that pervery serious one, is their liability to induce an ad-sons living in neutral countries may actually have herence to papers on oath, by what has been denom- in them. In the same case, he makes a distinction, mated ship morality, too often widely different from however, between such a complete adoption of the that genuine morality, which is the basis of con- hostile character, and a pass or licence for a particu fidence and the great cement and support of social lar purpose relative to the enemy's trade, without security and order. an alteration of the neutral character of the ship. Having permitted these claims to be verified by The counsel for the claimants in the case of the further proof, the real state of facts relative to the raw Elizabeth, cited the case of the Olarissa, in voyage is clearly evidenced, in every material cir- which the American owner obtained restitution of cumstance. The vessel and cargo are wholly own-his share of the ship, though the vessel had sailed ed by citizens of the United States, the destination from Holland under a special pass or license from was for Lisbon, and the cargo was there to be sold the authority of that country, to engage in the coloon account and risque of the owners, the proceeds nial trade. In that case, says Sir W. Scott, the ship to be remitted to England. had merely a colonial pass or license, being in all other respects undoubtedly and avowedly an Ameri-, The destination was a lawful one. But it is con-. can ship, and described as such in the usual Ameritended that the claims should be rejected and the can documents. The distinction is applicable in vessel and cargo condemned to the captors. 1. On the present case. The ship and cargo, which are account of the British protection or license. 2. For clearly American property, are documented as the destination of the proceeds, or the directions re- such, the papers, from the officers of the British golative to the remittance, which are said to be in vio-vernment, also recognize her as such, and are merelation of the law of war and the allegiance of the ly intended to exempt the property from capture by persons concerned in the voyage. These questions; the enemy's cruisers. The arrangement is an unu are novel and important-no express authority is sual one, and we have no express precedent by which produced by which they can be determined. There to determine its legal operation. Exceptions from are no statute provisions on the subject, and it has capture have sometimes been made by die belliger fallen to my lot to examine the principles, to trace enis from motives of humanity, as in the case of and estimate the analogies urged or suggested as.. fishing vessels: and at one time when Spain was at ground of decision. The investigation has been war with Great Britain and distressed by famine, in pursued with diverted attention to other causes ne- favor of vessels bound with grain to that courtry. cessarily requiring a determination. Antiently, the admiral of France had the power of In regard to both the questions, it is obvious, that forming fishing truces, or of granting passports to the considerations by which they are to be governed individuals to continue their fishing or trade unmohave reference merely to the rights and duties of allested. It is not contended, that a vessel taking the citizen in regard to his own country in a state of benefit of these indulgences would be considered war. How the transaction would be viewed by the as offending, though in the instance of the French laws of nations, if the vessel had been captured by passports to fishing vessels, they were occasionally a ship of another belligerent with whom Great Bri- given to individual vessels, and did not operate by tain is at war, makes no part of the present enquiry, general order or decree. In the present case it was The license, as it is called, is composed of three not competent for Admiral Sawyer to give a genepapers-a copy of a letter from admiral Sawyer, dat-ral security against all the cruisers of his country, ed at Halifax, Aug. 5, 1812. Mr. Allen's certificate, but he declares, that he shall give directions to the annexed to and authenticating the copy, dated at commanders of the squadron under his command, Boston, Sept. 15, and another certificate from the ne gentleman of the same date, addressed to all! *See page 26 of the present volume. |