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![handle is hein.slavery/ssactsengr0420 and id is 1 raw text is: The King's Advocate.-From private information I understand that Sweden
never at any time engaged in this trade.
Court.-Have you any documents to produce by which that fact can be made to
appear ? Can I presume, that the Swedish governor, who granted this pass, was
acting contrary to the laws of his own country ? It is impossible for me, upon mere
private information, to say that such was the fact. If anything can be produced in
the way of evidence, it must be offered to the Court before which this case may be
carried on appeal. With every disposition to sustain the disinclination which has
of late been justly shewn to the slave trade, I feel myself under a necessity of reversing
this sentence, which appears to be founded on a false and dangerous principle, incon-
sistent with the rights of independent states, and consequently with the peace and
safety of this country.
The only remaining point is, respecting these few Portuguese slaves, which were
found on board this ship. It appears, that they belong to the master of a Portu-
guese schooner, which had been lying at Cape Mount, but was driven to sea by stress
of weather, whilst he was on shore, and that himself and his slaves had been taken
on board this ship out of charity. In the absence of all proof I shall not presume
that he [103] had been acting in opposition to the laws of his own country, and the
treaty relative to the slave trade between Great Britain and Portugal.
Sentence reversed.
DRUMMOND -(Langdon). October 31, 1811.-A neutral merchant vessel
asserted to be carrying dispatches for the Government of its own country,
cannot set up that employment as a ground of protection for a voyage other-
wise illegal ; and even when such a claim shall be given on the part of the
Government, it may become a serious question, how far a neutral state possesses
the right of imparting such a protection.
This was the case of a vessel under American colours, which was captured on
the 27th of August 1811, whilst in the prosecution of a voyage from New York to
Bourdeaux, to which place she was asserted to be carrying dispatches from the
President of the United States to the American Charg6 des Affaires, resident in
France. The ship was sailing in ballast at the time of capture, but there were seven-
teen passengers on board, some of whom the master described to be American
citizens ; and with respect to the others, expressed a belief that they were French
refugees, from St. Domingo, but could give no account of their rank, profession, or
occupation.
Judgment-Sir W. Scott: This ship was taken on a voyage from New York to
Bourdeaux, with several passengers on board, some of whom are described by the
master as French refugees from the island of St. Domingo. On what ground he
describes them to be refugees, does not at all appear ; I can only consider them as
French persons, who were desirous of returning from the colony to the mother-
country, and who applied to the compassion of this master for the purpose of obtain-
ing [104] a conveyance. Some of them, it is true, are women and children, but the
others may be persons of the most noxious character ; they may form a part of the
military establishment of the enemy, or be employed upon other services most
injurious to the interests of this country.
The master states also, that he had dispatches on board from the President of
the United States to the American minister at Paris ; but the dispatches themselves
are not produced. Where are they ? What is become of them ? Non constat that
any such dispatches were ever in existence. It is not very probable that papers of
this description should have been entrusted to the master of a common merchant
vessel. No interposition is made on the part of the American Government; nor
is the fact made to appear in -such a way as to call upon the Court to examine the
question, how far such a mode of conveying dispatches can be permitted. This
country makes no pretension to any right of interrupting the communication of the
American Government with its minister; and I should certainly be extremely
tender of interposing any difficulties in the way of such a correspondence. At the
same time it must be recollected that dispatches are usually carried in a public
manner, in vessels commissioned by the state for this purpose, and vested with
the character of packets. Whether the Court would be bound to admit that a
merchant vessel can be protected by the mere act of carrying papers of this descrip-
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TE DRUMMOND
I DODS. 103.](ViewImageLocal?handle=hein.slavery/ssactsengr0420&div=1&collection=&method=preview&ext=.png&size=3)