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![handle is hein.slavery/ssactsengr0405 and id is 1 raw text is: 920
THE EBENEZER
6 0. ROD. 250.
is no such suggestion ; and therefore there is no reason to enter upon the discussion
of such a case.) Taking the acknowledgment to be unimpeached, I am of opinion
that it is decisive.
But the case does not rest here ; for I think that, on the general result of the
evidence, both as to the probability, and the facts stated, the Euryalus must
have been in sight. The evidence in preparatory contains a direct assertion that
she was in sight, and without going through the minute observations which have
been made on the position of the vessels, and the state of the winds, which the effect
of the acknowledgment before discussed renders unnecessary, I think, there is
something in the very detailed and circumstantial account given by the releasing
witnesses, which places them rather in a more favourable situation of credit than
is usually ascribed to witnesses of that description. Upon the whole, all the
particulars confirm me in the impression which I have entertained throughout the
whole of the case, that the paper contains a true representation of the fact, and
that the Euryalus is entitled to share.
[250] THE EBENEZER -(Christensen, Master). Feb. 8, 1806.-Continuous
voyage-in the coasting trade of the enemy-with the colourable interposition
of a neutral port, fraudulent.-Penalty of confiscation.
[Referred to, The Hillerod, [1918] A. C. 412.]
This was a case of a Prussian ship, with a cargo of wine and brandy, taken on
a voyage from Embden to Antwerp. The bills of lading described the cargo to have
been laden at Embden, whereas it came out in the depositions of the witnesses, that
the wine and brandy had been brought immediately from Bourdeaux, and had not
been unladen, but had sailed again in three days with a new clearance to Antwerp.
On the part of the captor, the King's Advocate and Phillimore contended-That
the voyage was in effect and substance to be considered as a voyage between Bour-
deaux and Antwerp, in the coasting trade of France, and as a continuous voyage,
notwithstanding the colourable interposition of a neutral port; that the papers,
purporting the lading to have been put on board at Embden, were false ; that under
these circumstances it was a case in the coasting trade of the enemy with false
papers, and as such subject to condemnation.
On the part of the claimant, Laurence and Robinson contended.-That the des-
cription given of the cargo laden at Embden would not affect the case with false-
hood of the nature of fraud, although in fact the goods had never been unladen ;
that the term laden might be used as the ordinary custom-house phrase, without
design of imposing upon any person by that representation, as it had occurred in
a case before in [251] the same sense; (a) that the principle of extending to the
ulterior destination the consequence of a continuous voyage had never been applied
but in colonial cases ; and there, only, to obviate and counteract the stratagems
of fraud and colour which were resorted to for the purpose of effecting by circuitous
voyages that which was known and acknowledged to be illegal in a direct course ;
that when colonial restrictions did not apply, produce brought from settlements
of the enemy, as from the Isle of France, and going on to the mother-country,
have not been held subject to particular enquiry respecting the nature of their
importation, or the slightness of their connection with America. That this trans-
action, if considered as a continuous voyage, would not support the principle, since
it was a voyage which was not illegal in the direct course, and would not have
drawn any penal consequences upon the property. That there was nothing to shew
that it was a continuous voyage, going on under an original design, or that the ulterior
voyage had not originated in fresh speculations, after the cargo had been bona fide
imported into Embden. That on these grounds the Court would dismiss this
ground of objection, as it did in another case, The Martha Van Comminga
(a) Schoone Sophie, August 1, 1805. A Prussian vessel, from Embden to
Antwerp, with colonial produce, brought from the island of St. Bartholomew, or,
as it was argued on grounds of probability and suspicion, originally from a French
island, having lain five weeks in the port of Embden without being unladen.
The Court refused to direct further proof, but restored the cargo ; observing,
that there did not appear to be any intention of imposing a false impression respecting
the shipment, or the nature of the cargo.](ViewImageLocal?handle=hein.slavery/ssactsengr0405&div=1&collection=&method=preview&ext=.png&size=3)