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![handle is hein.slavery/ssactsengr0117 and id is 1 raw text is: NANCY (VIALL) [1810]
operation of the American act; admitting, which is highly improbable, that such
was the understanding amongst American merchants. The present master only
succeeded to the command in consequence of the death of the former, which happened
after the capture; and a material witness, the surgeon, had stated that the former
master, when overlooking the ship's papers in [3] company with the lieutenant of
the capturing vessel, had said, This is the chart I have to carry me to New Pro-
vidence, that previous thereto he had never heard where the ship was bound, neither
did he know what she was going there for, but apprehended it was to wait for or
obtain orders respecting the said ship from the owners. The present master had
said, that should the A/rica not be admitted to an entry at Charlestown, he believed
he should have been ordered by the owner to proceed to the Havannah, to dispose
of the slaves there. The steward also had sworn he had heard the late master tell
the capturing brig's commander, that lhe did not know; but he should put into
New Providence, or something to that effect. Thus the whole transaction had an
air of mystery about it, for which there were no doubt most substantial reasons;
and although the greafer part of the secret had perished with the former master, it
would be very easy for the Court to determine upon the motives of such concealment
on the part of the owners.
Court.-Sir W. Grant-What are these unavoidable delays mentioned by the
claimant's counsel? Is there any mention made of contrary winds, or other im-
pediments to the completion of this voyage within the time limited by the American
act, which were not within the controul of the party? Certainly this cannot be con-
sidered a case which was ever intended by the legislature to be within the reach of
indulgence.
SENTENCE.---Pronounced for the captor's appeal, and condemned the ship and
cargo, to the sole use of his Majesty, his heirs and successors.
[See The Amedie, 1810, 1 Acton, 240; The Nancy (Viall), 2 Acton, 4. The English
Slave Trade Acts, dating from 59 Geo. III., c. 16, to 32 and 33 Vict., c. 2, were
consolidated and repealed in whole or in part by the Slave Trade Act, 1873
(36 and 37 Vict., c. 88). A list of the Slave Trade Treaties under sec. 29 of that
Act up to Dec. 31, 1899 will be found in Pulling's Index to the Statute R. and 0.,
3rd ed., 1899, p. 631. For American law, see Stimson's American Statute Law
(1886), art. 3, ss. 30, 31. And cf. Wheaton Int. Law (Dana), ss. 125 et seg.]
[4] NANCY, VIALL, Master [Nov. 17, 1810].
American slave trade.-Deviation from asserted destination for America to St.
Thomas, attempted to be, justified by sickness of crew and mutiny of slaves.
Concealment of enemy's property in slaves on board, though subsequently
acknowledged. Condemnation.
A distinction was made between this and the preceding case by counsel (Dallas);
first, that the former appeared to be decided upon the ground that there had not been.
sufficient time allowed by the master to render her return to America probable
previous to the expiration of the period limited by the American act; whereas, in
this case, the return voyage from Senegal commenced the 30th September 1807,
providing ample time for her return in conformity with the requisition of the
American law: secondly, that, through the sickness of her crew, one of whom expired
on the passage, (many more being ill at the time of the capture,) and the appre-
hensions entertained from the tumultuous disposition of the slaves, who had thrice
risen upon the crew, and had been with difficulty subdued, the master was induced
to alter his intended destination to Charlestown, and bear away for the nearest
port in the West Indies. On the 30th October he discovered the high lands of
Spanish town, and considering St. Thomas's most convenient, in the attempt to make
that island was captured. The voyage therefore had been commenced; and, but for
these unfortunate occurrencs, would have been completed, conformably with the
American law.
II ACTON, 3](ViewImageLocal?handle=hein.slavery/ssactsengr0117&div=1&collection=&method=preview&ext=.png&size=3)