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![handle is hein.slavery/ssactsengr0413 and id is 1 raw text is: REPORTS of CASES ARGUED and DETERMINED
in the HIGH COURT of ADMIRALTY, com-
mencing with the JUDGMENTS of the Right
Hon. SIR WILLIAM SCOTT.
THOMAS
Easter Term 1808.
EDWARDS, LL.D., Advocate.
London, 1812.
CASES REPORTED IN THIS VOLUME, AND SINCE HEARD ON APPEAL.
Before the Lords Commissioners of Appeal in Prize Causes.
Arthur, Rathburn, January 26th 1811 Affirmed.
Comet, Mix, March 3d 1810 . __ _ . . Affirmed.
Elizabeth, Nowell, Jan. 18th 1812.-Affirmed, and Appellant condemned in Costs.
Europa, Sundberg, Jan. 26th 1811.-Affirmed, and Appellants condemned in Costs.
Guilliaume Tell, Sannier, Feb. 1st 1810 . . . . Affirmed.
Johan, Abraham, July 7th 1810.-Affirmed, but Expenses of Claimant of Ship
pronounced to be a charge on the Cargo.
Jonge Josias, Jurgensen, Feb. 9th 1811 Affirmed.
Mentor, Williams, Jan. 26th 1811 Affirmed.
Progress, Barker, Jan. 26th 1811 Affirmed.
Rapid, Fleming, March 9th 1811 Affirmed.
Thorshaven, - Jan. 26th 1811. . . Affirmed.
Victoria, otherwise Alfred the Great, July 28th 1810.-Affirmed, and Appellant
condemned in Costs.
Vrow Cornelia, Dykstra, June 13th 1811.
[2Affirmed.
[2Acton, 66.]
[1] REPORTS OF CASES ARGUED AND DETERMINED IN THE HIGH
COURT OF ADMIRALTY.
MANILLA -(Barret). April 1, 1808.-Ports and places of St. Domingo not in
possession of the French, excepted out of the general character of the island
as an enemy's colony since the Orders in Council recognised them as open to
British trade.
[Referred to, Republic of Peru v. Dreyfus, 1888, 38 Ch. D. 359 ; The Gagara,
[1919] P. 95.]
This was a question arising on the construction of the fourth clause of the Order
in Council of the 11th of November 1807, as applied to those parts of St. Domingo,
which had been wrested from the enemy by the insurgent negroes; the relaxation
of the general prohibition to trade with the enemy contained in that clause being
limited to the direct voyage between the enemy's colony and the country to which
the neutral vessel belongs, or some free port in His Majesty's colonies.
For the captors, the King's Advocate and Arnold contended-That the question
had already been disposed of by the decision of the Court of Appeals in the cases
of The Dart and Happy Couple (Lords, 17th March 1808), in which it was
held that notwithstanding the unsettled state of St. Domingo, it was still in point
of law under the dominion of France, and must be considered as an [2] enemy's
colony. That this American ship was trading from St. Domingo to Gottenburg,
1011](ViewImageLocal?handle=hein.slavery/ssactsengr0413&div=1&collection=&method=preview&ext=.png&size=3)