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![handle is hein.slavery/ssactsengr0102 and id is 1 raw text is: REPORTS OF CASES argued and determined
before the Most Noble and Right Honour-
able the Lords Commissioners of Appeals
in Prize Causes. By THOMAS HARMAN
ACTON, of the Middle Temple. Vol. II.
PART I. (FROM MICHAELMAS TERM 1810 TO TRINITY
TERM 1811, BOTH INCLUSIVE.)
AFRICA, CONOLLY, Master [Nov. 17th, 1810].
American slave trade direct to the port of Charlestown, where the vessel would
not have arrived prior to Jan. 1, 1808, and consequently was subject to the
operation of the American law, prohibiting a traffic in slaves. Condemnation.
AN appeal from the sentence of the Vice-Admiralty Court of Tortola, whereby
this American vessel, bound from the coast of Africa, with a large cargo of slaves,
to Charlestown, and captured on the 30th of January 1808, was restored on pay-
ment of the costs and expences incurred by the captors in the maintenance and
preservation of this property.
Dallas and Swaby for the Claimant-endeavoured to distinguish this case from
that of the Amedie (vol. i. p. 240), where the ship and cargo had been condemned
by their Lordships; in which case it appeared the master had made a deviation from
his asserted destination to an American port, and was, at the time of capture,
steering for the Havannah. The instructions in the present case pointed out a direct
return voyage to Charlestown, or if unable, from contrary winds, to reach Charles-
town prior to the 1st of January 1808, [2] to, make the first American port which the
master could fetch before that day, and report the ship at the nearest custom-house
as bound there, but put in by stress of weather, and by so doing the prohibitory act
would not attach to the Africa. It was therefore understood by American mer-
chants that under such circumstances the American restrictive law would not
operate upon this vessel. These instructfons were punctually observed; but from a
great competition amongst the slave-ships on the coast, and the negroes having been
attacked by the small-pox, the vessel was unable to make any American port in time,
and therefore continued her course for Charlestown, without making any deviation.
The illegality of the voyage in the Amedie originated in her destination to the
Havannah, a foreign colony. Here the destination was direct for America, but from
unavoidable delays she did not arrive in time.
The King's Advocate [Sir Christopher Robinson]--contended, that the mere in-
tention of returning prior to the 1st of January was opposed to the fact of her
detaining on the coast of Africa until the 16th of )ecember preceding. The com-
pletion of the return voyage in time was therefore out of the reach of possibility.
Neither had this vessel arrived at an American port prior to the 1st January, and
complied with the injunctions of the owner, with a view to take her out of the](ViewImageLocal?handle=hein.slavery/ssactsengr0102&div=1&collection=&method=preview&ext=.png&size=3)