. . -;vy-yy-:'?:;-'v.- ..f , Ereribehan tl.4hfc fonndaiipn for the inference that her .ior it might be to iroppft rrohi a Bntii . of. the hipi- f real dcatinatioa Was ah ehemy porti I ! ; pofr apd to touch 41 SCBhmwSj m it, Term Rv3f. Park onins, 1 !4 ' BuCicU and . there,: bbtaii titmv 'TCltmee' ; 1 BRITISH LICENCfi Jlf lhe7(bowm; ewe inTolret prioctpki Mrhlj iniporunt botli to the community ari to indiriduiln d t it if beRrri. to t cate of fint iinKtti in the United Sute m to tome of its poihtf . it may hot be uiuccrpttbli to the American Br or Merchant. Amh a the 6al decuton waa not made hv a Coart of ihe ;Jaat reaort. where alone it couM receive the atatnp of tuthoritj. the EJitor haa procured brief fiatetner.t of the proceeding beb, ao ai to by the whole subject before the puhUc; ihertb inritlnf enquiry aod research. ,TU U'd bhalfa& for the tut lA Qwner $. OJitm end Crrm tk prc:t armed Ai . General' Jmitrtnj, Aeef Jh Sauiaa-'irai Matter end ; .-7 ; Jit Kh4cr Matilda end fer cargo, ,Tl9tiia JerktMM.'AIaMttr. This was a Libel in tho Admiralty, tctklot: ihe condemnation of the MatiK (fa ard her .'cargo, at bful price ; and wis filrd and heard in the District Coart . tt Wilmington, at May Terra, I8U.7 .The Lbtl charge among other tnings that th; schooner Matilda, being ves kI of the United SUtei and belonging to cttlzens thereof, dd depart from the prrt of NewberOv fince the llth of Mtrch last with a 'cargo of ahingtetj ihen, and bearinc: any fltg except that of Francei &c. to import into any. of the port of Antigua Montseral, St. Chris 4 tophera NeVia and .the Virgin .Inlands from any port of the ,TJnited States cargo ol stares una lumper, -inre aiocic tec and.eTef y kind of. prat Isiona what- aoeTtr (beel, poriti Duuer, tauea, a run and pickled fish excepted) without mo- lestanon, on accocni. oi. nosuuues ex-istinff-bettreen his Majesty and the U. StatesAltiotwithstanding the said ship and cargo may be the property of any cititen or inhabitant of titd.Siates , Ice rIhstthe master of said ressel ahall be permitted to receive ' bis freight and return with h a Tesael and crew to anr port of the U. States not' blockaded j Captain Sinclair and upon mV cross with a esrra consisting of rum and mo-1 1 examination said, that at the time of lasses and of any other goods and torn- the capture, Captain Sinclair was. con- ' A sin mm 1 m . modifies whatsoever, except sufrar. in- jnnea in uts caom, and that tie, (the wit d'gbtcotton.wool, coff e andcocoapH Jess) was conhned in the. ward -room on condition that the namerind'tonrtage I with liberty td orf deck, buttohare of th vessel, and the tiamfe of the mas ter, "ialVbe endorsed, on the ttcenie at the time of the VesselV clearance from the DOTt of ladinir;liThif license ws endorsed in the following Words; by thn Ciaimani Jarris'1 norow acrwus, master vof -theV. achooher. Matilda, bur the.n.l 14 3i'95 tons V,n a cargo of is on board that Sinclair Land others were owners 'hat Captain Sinclair authorised hi ! act as sailing roaster that Sinclair did was hbt jn; fact the intention of Jerkins ot Seize or assent to the seiiure"bf the to proceed to; a Briiish ?fJrt--his reat Matilda; v-' ; J ' destination was .St. Bartholomews, as . James Johnston, another witness for (declared by the claimants 00 oath. No 'he ribellants, deposed that the General I evidence has been adduced to rr pel this rmstong arrired at the port of -WH-JI oositive declaration, except the feeble nington on the 16th of AprN and the presumption arising frnra the mere pos Matilda on the 19th that Captain Sin session of the licence ; which is cbm . lair, put him 00 board the Matilda, in pletely answered by the rule that every he port of Wilmington, to take an in- ventdrv of the effects and to dispossess the taqtineers that he, was. 1st Lieu- ensnt of the ship, and held possessio 01 inc scnooner unaer.me auinay man is presumed 10 oe mnocenc unui the Contrary appear. It was also con tended, that the mutiny of the cruw us abled them from making lawful capture, and rendered them obnoxious to o-law which "aSkeS the punishment of death to such an offence ; and as the commis sioned officers were divested . of their command by force add wrong, thtir as sent to the capture could not be pre sumed.; nay the contrary wai expressly communication with the crew when i ordved Jerkins came onboardy he (the wftness) 11 r fhc argument b1iincJ6sed, and the was oracrea oui 01 ,inc war a room on oojeci pi ...voansei naving oeen siaiea 10 the forecastle, by WjlliamXivingstoh, be thaf of obtaining an immediate deci- tailing 'master, and then . commanderi sioii of Vhis XXourt, .and of takitg the but was not to communicate to Jerkins case thenceA by appeal to the Circuit (he state The ship, was then in that oh Court, 'sb a to have a hearing at the the 1 8th' March, whle -.ttife Captain and I ensuing 'term, theJud proceeded to scabiUne shincles," corn "and hecessiVy hc crc togethenin the cabin7, the doors deliver his bpinibh. He remarked on mtV v.m. Vn. r.rlmji: Ma'rrh II wtre shut'dh them "and the? confined II the noveltv and imDortatice of the dues icaafipg aad com; bound for some Bri- J ibt 1813." v ' .I by toe master's jrnate and others ofjbell tiorWthat it was imwrtanV hot' only as 1 . .7 . . r- -L -. - . - X ' l Anotner license, acreein? m aiirc- ii"! ein uu iknw waall w "c yvyfj 0 8.0, yui wmr ",u6)ii ,wm:v, . Unefcts wlh ihe last met)tioned. xcept open, neara mar mey naa gotten anotner haflhi elves permistion, in:eiditiodJhicehSet but did not See itiU V taihe former, to todch at S'. Bartholo ;CBarles A. LWis, also sworti oh be- rhcVs pnxht outwardand homeward halfofthelibilIant?,decUresthatatthe Vvafee to aho from the riritinh Islands, time.the ,Matilda was .brought. toV'the This is nor: endorsed, but both bear Nq. wenu vsrenstrong was unacr ui uisn colors he. was; in tne ward room of the ship whVp Jerkins catheoh" board nearo livingsion ass; mm ior n papers saw Jerkins. deliver some papers Ao Livingston; and upon the. threat of the latter - to send the schooner Jnlo ppV$ A6i and "are intended, probablyas a tt of licenses. Aiet'ter from Jarvis and Brown, written at Newbern March 1 ltb? 1813, addressed 'o Thomas Jerkins at Wallaces channel, states mat since wri ting the letter which covers the bills of Christophers, .Nevis or the Virgin Isfc iro'i, with an intention on the part of the oiister'arid owners, cf disposing of the cargo to the inhabitants (being Bri dh subjects) of some ofaald Islands. Thst on .the 3th or,Apil, J5U .!(chc dtr of cspiUrr) 10 latk 26 deg, amin. ooah, long. 63dcgJ7 mtn. irestvth , ...j r?i i- .lituioi waa sailing unucr a onusa iir ar.se which authorised the importation cf sabl cargo from the Ui SilUs into me Siio.onuin isiaoos A claim and answer, was put in. by Thomas Jerkin v-thd master, . and one third owner. of the schooner and cargo, sr.d by Moses Jarvis, for himself 'and his psrtbeV Sylvester Brown, owner of the other two thirds; all cltirens of the Unicd Sta'cs.. They state arhong other things that the schooner and car f were seit-d about the 5h April, 1813, by the General' Armstrong, on the high seat, while said schooner was pmcetding from the port of Ncwbcro, NCto theItlaridolBanholomews, rrom Newbern, bound for StrBartbolo-1 frdm.andcontinued pi oe trcsi iiKJics , .inai sac was re lading the mail brought the news of the j Jerkins seemed confused and said, I adiournment of Concressj and that the bavf raore-pajrs that you havevnbt Senate had put.'a death-wound on th-r seen,wand took Ju Dt :his pOcket and nence and me icuer.aiorcsaia, H ' Cabtain John 'Sinclair a, Witness for the claimant deposed, that on tbe,l8:h luarcn. n? was aisposscsseqoi .me com man'd of the ship by. William Livingston aQcfotRer officers '.and crew that Ltv- licensV biU, and the bill to prohibit the neutral trade, : vas ' also killed by the same house, sojhat we now are in the same' situation with respect trJ -com merce as We srere belore the session commenced As the non mporution law is still in firco should you think o returning with produce you will gdaro mgston, Who was then under arrest for against your own vernmeht." ; v X. misdemeanor took: the command of the' MattLu k iri rt-o-niir riMrin ahip the same Dichtrwitnoiiti attthbntv cuiriv cleared foe. said voyatfe t - that they, the cUitoarits, had given bond ac cording to Law that sbe should ndt pro terd to ao enemy's port ; that she, was at the time seitnre iri the direct ecore to S. Bi'rthrlomews j that tluyj t claimants, had no Intenttpn of pro-. emog to an 'entmy's port,,. or of. bai 'iaesoy comroercul intercourse with he te.rn.es of their country thauaid GtnJ Armstrong is inVthe tisual form, r y . r and of date the 23d, Nov. 181: ,lhc ship is therein stated to belong to John to command mw.AtA lth Mirrh. lsia.-C. : until alter tne' capture-s-ana marine .The bill of Udinfe'at Newberot;Vrft- wtu or e.n rr mA Jr-ri acrreea With the car 1 1 consent ',oe. was tne: commanuer and go before stated, and bears even date part-owner of ;tbe sbip f .he delegated with the dearince ; but in the bUl of power-to Ereringham to do in thcriub tadinevtrfe vessel is said to be bound jeet of the"; capture, as he roightahink for the West-Indies, The list of sea men Was.regular aod to wn the Regis j . ... The President's commuon ,to the thilomews which' they were desirous ef bringing home and which partly ini iuctd the prosecutiorl of said Voyage f tthe scYucmer as boarded and ta ken by the' crew of, the ship and 'the Rtoittj, Thos, Jerkins, ordered on board tP the said cfw being in posses Jnatthat time of no other . papers from the Matilda, as claimants know of, the retniUf documents of theves- ptoper as agentfor the owners, and' the said, agent has carried; on the proceed ingsthat he would not. from hiskUow. ledge of the general character of Li tin to, oelieve him on oath he appoint ed Livingston aalLnit master Nvlfeh he first came on boarcland continued him Kverinpham and John 3 nciair 2 . and H tuu,luaiw authotityits given to John Sinclair Cap- ry,' when he.arrested him forjdisobedi-. ta n, andf David Pearcer Lieutenant of of orders--that hef, put an officer id ; shin, and. the f officers: and crew on biardi the M ti'da to divest those, of thereof to iubduand take any BriUsh h-command w: mnA thmr mtA in-cinrf-V x II wlhout his -pritity or cdnffentr and to further authorised to detain, seilo and ep possession of tier on accpunt'of the take all vessels' and effects to homso ever.belongingi 'which shall. , be "liable was of vast importance In pri nciplej and consequences. - : tie glanced at the oitfi cullies he ftlt jn deciding .jspme. of the authorities br of lime t6 reflect For these reasons, : he approached the - case not Without some, distrust of. hi own judgment "j but felt' muchrelief fm ;ne assurance mat tne case wouiq junuer- jcrb an'in vesticration in a siiperibr tribu raU j ' for this tzsop he .lhodfehlt itvnot very material how hcv;shbuid decide H? felt" it his dtity howeveras the case oao oeemargueQ) ip meet ine qoestioo, and briefly' to state the reasons which occurred at the moment to inHbence his decision. AsTtd tjie objection that the act 'of trading gs hot corKpIetef-he had no hesitation in aying tjtat, cording to the current ot decisions, particularly in case's orilockafleiwhere the princi ple' is "the samej theoflence.waa cbm pleteUf the real destination was an ene my.port-fc.for this is not vthe case rpfeii mere wilfoiintcntiSn to jrKeed:tduch port (which, without some-overt ; acf would not be puntshable buUhere was an actual sailing and proceeding on the voyage, .mercoy carrying inai, inicnuon into fictt'; dythf intatfcchltbe vessel was amsiej'KoriJs grpands uhiayorabletbjthe'pfvsum was bbbnd to one of theBritisb licensed j ports I. because r she,Wasin yhe road.as i direct for one of jthbeilas for the neu- .irai port, vineuevion mjaci men is ht$ Was ibe Matildaireally bound to abritish: pott5.;ithhr: Judjre felt himself bbundby ihe evidence Vrr m "r ro:J' according to thdlawof natiouVaod.the Jkins; ihaLon the 5th dayaft.r Liehts of the U.-States as' a3 power at to say that she was ) according v to -the weu icpown fuics in intv voun oi Apmi raljy i t hat .were ii s uspicion i oTguiit i s created by the ssessionof documents It js I expecltd ahat ahe! possessor will explain a waj suCh and where t,ticn auspicibn ;is applicable ta .thechargr in ' Che, libel it H pHma yacse eviuence pi -inc lacis comai.'icu in the allegation, and casts the burden p l3t MM... . m. " . ' vuiurc i wo men TDenea JtrKins s ir .-j w-s .u-v-,. uainK scarcaea ma pcci- port of the U.' States iri orderthat due s loond therein two Darxrs. coin-III a: u.au.XX. ' z wu s umun licensee, wnicn we procured fe J jrv? & Tl morn' frrtm Aoencio citirens, and were intended iul niaiiiua i ruin 'iinuui ship, until - it shoUlcfbe determined to whom she might of riht appertain 1nc two licences and the letter, vere. delivere6f to the Collcctor.of the pbrtpf proof on the f party charged. Now. (he Wilmington, previous to, the ai rival bf .remarked) tfe possession of the licences theKMatdda :A-:v-y ky- and thletutof vice,JUT)explained by , upon tms evidence it was argued lor 11 evidence, is prool to my twoq that tne William Li via rrstoa, a., witness lor ipe uocuaats, inai ine oven act oi sair.i vessel, waarprpsecuungjtne voyage sne It Jteu 00 her said voyage to St. Barv Uamen of the General Armstroog ere in ... r ' ' 1 the Captain of. said s hJp.be tocBaed to his cabin 'ind'his au nt, usurped and they submit Wbe- Mvrr a r j rw i. i- l2 . j uu lubug cairuc gwu W'd 'he afiidi rPlh rl.5mnf-r.p- A. W JV a Wr WW . - 5 Tk . . . --..u.utc was in suosiancc as :-A license sirmed by H. Elfi- ti.J?u!nof "of British' leeward llllfxll at Amigda the 22d WBS!rJ l8l3 10 te, force from Thiite lhcTcof to the poth June next. 7 presses ro be. twued' by mi0rdcr lacoaaI of October CrJ 2 .IlU Reamed to Daniel Mol- tT1 ptrmra a vessel being un- ad n.i i thaq 100 tons bur- thVlibellants; swore. thatontheSth'A. under 'a Britisn licence was evidence; Kwas permitted to do; by; the licence oril last:' tKe". Matilda srasfbWucht to Dr. trading.ivnh the enemy accotdinft to is rrue the Amerrcah papers were all rt V"" w --t w " . ti ' ar.Bi.ft, ak.." . till -v ; - i : .r -" ' - ibe General-Armstrong S 'that Jerkins itworp was ordered on board the ship.and hja ,nSwun9 eroy waa anacior.wnicn, guliuv 'and ' so they roust havebeen to ootaio o. clearance nomine snouia ne r . lit., n 1 . ' -i - "4 . " . - . 11 . - v r- . " j f -; - papers demanded i; upon which: be de- 0rnaimnai'iaw,ine vessel ana cargo son mterred , lrora thence oecausei every irance, bill of I & icn . w' r wnnitj nnH ;manwnen.rv nis oesign livered the Itegisteri clearance . ' . . . 0 v - r laomg ana list ' ox seamen axurcaaiu that he, (tbe wltness,) being then. SiuV ing Master -of the ship; declared he would send the schooner into port ; : to I which Jerkins replied, that he had not seen, aui nis papers,, ana puuin iwo more out of his pocket, give them to this witness, which proved to be the en dorsed license and the letter from' Jar- vis and Brown to Jerkin as aforesaid ; .that a few dayi'iftcrV heieardbed-Jer-ktns'atrunk and foand . therein -the 'un endorsed Hceme aforcs5id---a:nd that he commanded the' ship' at the time of said seizure. ..Upon his cross examination, he declared, that Captain Sinclair was conGned to his cabin by some part 6f the crew, as he understood that it is nOt com moo' Cor 'the sailing master to have command of-thc ship, wheatlCaptaih 4 he tioneSt or Yattelirat reliedf upon as furnishing the II btherwiseFOflId usthe samg precau rule of decision in casei'of such trading; it was turtner contenaea,. tiAi tne taw of Nations, nrohibitincr interccurse and aeaung yvuoan enemy, is noi aorqgsicu by the act 'ot Congress , pnvtiei subject of licences as was decided in Pen nsyK vania by Judee Peters, in- the' case; of the Tulip. ryy: For the claimants it was'argued; tha here has been, no act committed ; no trading with the tnemynbr any other act "vioiaung mc ruici oi general puuitc law : For at most, the evidence Droves nothing more than an intemtieit to pro ceed to anenemy port V and.it Js con trary1 to every principle of law and jus tice to punish a man for his imagina tions. Th- Matilda was inThercad to SU Bartholomews, and had not. so much) tton k and: , no man .would furnish, evi dence against himself in a ray iior at alhtJtctssary 'fo the cxeCQliort Of his un lawful desiens.' ;The t Briuslr' truizers knbw that vessels of thel U) States must conform to our r municipal regulations ere iney-arc permuiea 10 oepari. - to the letter, , it 4eaTSevidence of some dniawful purppse-rfbr ul thef real, ob ject .was a lawful trade, it is dilfioult to assign a rcasoo or iqe aoauionai tioii, guard'againsty .botiowp fprtrifc m ent." tThey captain wasaudyap- priatd of the failure of the license bill and of the existence of. the non-tmpor-tatlob acty The object indeed aight beJJta Jmprjh'Bri ltihr produce from a Neutral port '-which',' though unlawful, doei not .undercthc ptcscnt 'charge ; l It I'M' so t toward ajrai nst,lh is! gbvefn men t. Tho lat ter - supposition vefy lell M cordsWithlhe lirenses.yljy ' ,rf Upon the question of law, whether f the- act of Congress of; the 6th July; last, updn'the subject now under con sideration, Jt cumuiative on kha pro hibiclrins of international jfawj or svhe. ther it operates as a repeal or : abroga-. tioo of those prohibitions ; the Judge expressed mdch'fdotibt but yielded to the opinion Which harj beed. 'kivea by Judger Peters in the ;case i' or h the. Tulip, thai the act of Congress is but .The ; bnly J-emaining point to be noticed($aid the jj udge) . is j ope of g;reat importance, and to: tne Aourrv , of serious difficulty j ; beCaU?e I enter tain much doubt on it, apd have not the aid of bbpkf in forming my opi- t ttioo i sit is tne, question which prows out of the miuclny of the cew of the privateer. l?ro.ni 'what has been said, lt.wouia seem tnat tne. scnooner acu her cargo are confiscable.; hut it doe not necessfariljr follotv ' thsjit . because the property is forfeitable to the (j States, the jiOahts shall take the be-' nefi t of such forfeiture" J: - ' The President's commission was they authority under which the, cap . ture was niade . this' com mission ati thbrliepAnnrithe.C seieV &c ; , but the evidence is that the Captain, at the time of capture ,was byAthe-vtolencebf the ctew, put id; closeoti finetirlent and deprived of all command and;authprity over the' ship.v As., .tte.ifjferei. thfc I'.authbHty was i usurocidlEfAOtners. and the ves- ael naVigatetf the captain; all acts done. by the crew dux nug suwii uaurpauuu must -c pre sumed tp Jfiaye1)een dotie against his will j ort atiy. rate, npt with bis as sent t ther express' prjmp(iedi"v'The Jibel is led in ihe nameof the U 'tateyfdtlie oSii cerKand cVewrr theship.! .Had it" tbeeb' in " thel name of the crew only; - accoruing 10 ine. t rum ine case, ine obiectiotftHen' wbulrl Alve bee"n.:that jybu have depa commis- Biun, wnicn was ineir autnoruy iq ierze;1 s And taking: the case I as' it 8tands,lit appears a little awkward for theU5tates toanctien an act" that neceSssaril IsnricrVs, from , armthfcr ; Hich" they aaioVttheif legisla- v turey sliall be pumsboi Withfdedth; The ere w ina stateof mtttt made the captiire : -Mutiny is punished with death. And iit compe tent fpr" the. Captain to contracXthjfcltjano! jod w alledgethai lie niadetbe cabture, . or that it was made, bys. his hassen' I , Kjr snaujie now give a rignt to nim , seifbyelaiioand which was unlawful at theltlmeJ-L!i Thourttnclhies to'a negatiyeani . swer ri What: Vests the rfeht in.1 the' captors I Sure! v the brize act and: thereat will bb swnjthelgtis ) vest- ejtrthebwnerqnte'eri bf thervessel by w;h6ni thcature is ! 1 ed. thaV the evidence' did not support ; . the alieionahd thereiprc tlimia! sed the libel i btit did-tibr decree the? - restoration of .the property ; An tap - the case "brought up) to tHq Circ uit Qburt at this place, where It was af i- gdedTjat considerable lengthj ;at 4the last "term, before the Chief Tristice of he U. States, and two pdints Were rnjei- lstrWas the Matildajbound to an enemy 5 port t 2d: Did th conduct , of the trewof'the shi p aflect sfeni prpceedinjg?ids that, tt the Matddaas really bound to a British port, thev buncewas co m pleteV t Butyi t was contended that thtrerasnb ;evidcncelof auch fact. except a. vague mierence to qeucao. ced I rbmr the mere possession of the license ; ' for as tor the witnesses it waslsaid, they were interesteti in the distribution of prise, and therefore incpmpeienu 4 noD.ie. oy.i uoo HeCx 307. )That the . presumption; sucnas it was, ivor vi iuc nuei it u 1 ft VI - "'"''..I-' y .1. a. yl t r as ' t ! . . ... -.,'-'--1. U-'-iii 4" - - 4 S3 V " 4: ' v. V as deTiatca lrom ncr course so a uy jq j"jy' --7 ' '

Page Text

This is the computer-generated OCR text representation of this newspaper page. It may be empty, if no text could be automatically recognized. This data is also available in Plain Text and XML formats.

Return to page view