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![handle is hein.slavery/ssactsengr0393 and id is 1 raw text is: 5 0. ROB. 98. THE NOSTRA SIGNORA DE BEGONA 711
to surrender was expressed on the evening, but a greal deal of deliberation was
necessary on the reciprocal propositions. Frequent messages passed the next day
under a flag of truce, which shewed that much was yet to be done. It would, I
think, be too much to say, that the surrender could be considered as complete till
the next morning, when the capitulation was actually agreed upon. At this time
the ships were certainly in sight; Admiral Harvey says, that they were there
before the signature ; and he infers, I think, upon good grounds, that they had
been seen from the island, and were themselves within sight of the island, before
they were descried from the fleet. The evidence does afford a reasonable presump-
tion, that they were there before the actual agreement of surrender ; and therefore
without bringing into discussion, how far it might have been sufficient to have
arrived before the signing and formal execution of the articles, I shall pronounce
them entitled to share in the capture of the island, but not in the capture of the
ships which took place the evening before.
THE NOSTRA SIGNORA DE BEGONA -(Ybriniga). Jan. 31, 1804.-Contraband
rosin to a port not of a military equipment, not contraband.
[S. 0. 1 Eng. Pr. Cas. 483.]
In this case a question arose respecting the contraband quality of rosin, going
from St. Sebastian to the port of Nantes.
[98] On the part of the captors, the King's advocate contended-That it was an
article much used as an ingredient in various military preparations, and that it was
to be deemed contraband.
Judgment-Sir W. Scott: Are there any cases in which this article has been
held to be contraband, on a destination to a port merely mercantile ? If it had been
going to a military port of the enemy, I should have had no hesitation, as there are
many cases in which, under such circumstances, it has been deemed contraband.-
Going to a mercantile port, (a) it is not, I think, so decidedly of a warlike nature,
as to be excluded from the favourable considerations that are applied to other articles
ancipitis usus. I shall therefore decree restitution.
LA VIRGINIE -(Coigneau). Feb. 7, 1804.-National character of a native
Frenchman, an asserted American subject, but personally present in St. Domingo,
shipping goods for France, and described in the evidence as a French merchant.
The native character held to be revested.
[Observations cited, Udny v. Udny, 1869, L. R. 1 Sc. & Div. 451
Tingley v. Mfiller [1917] 2 Ch. 174.]
This was a question on the national character of the claimant Mr. Lapierre,
claiming property shipped by him in St. Domingo for Bourdeaux. The affidavit
of claim stated him to be an American subject ; and in his attestation, which was
exhibited in further proof, it appeared that he had sailed from New York to St.
Domingo in September 1802.
In support of the claim it was argued-That he was to be taken as a person
domiciled in America, [99] though absent on temporary business in the colony of
the enemy at the time of the shipment ; that it did not appear how soon he had
again returned to America, further than that he was there in August 1803, when
the attestation was made.
On the other side, it was said-That his name implied him to have been a native
of France, and that his return to America, after hostilities, would not operate to
protect this property, shipped by him as a person resident in St. Domingo.
Judgment-Sir W. Scott : I should entertain no doubt in this cas4, if it appeared
that Mr. Lapierre was originally a native of France, because it is always to be remem-
bered, that the native character easily reverts, and that it requires fewer circumstances
to constitute domicil in the case of a native subject, than to impress the national
character on one who is originally of another country. If it could be inferred that
he had been originally a French merchant, and was at the time of shipment resident
in St. Domingo, and shipping property to Old France, I should have no hesitation
in considering him as a Frenchman. Had the shipment been made for America,
(a) Santa Bona Ventura. Rosin on board a Portuguese ship to Nantes,
restored to the owner of the ship. Dec. 12th, 1747.](ViewImageLocal?handle=hein.slavery/ssactsengr0393&div=1&collection=&method=preview&ext=.png&size=3)