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![handle is hein.slavery/ssactsengr0421 and id is 1 raw text is: THE MANLY
[257] MANLY -(Hansen). May 12, 1813.-A licence to one port of the United
Kingdom will not protect a voyage to another port.
[S. C. 2 Eng. Pr. Cas. 169. Affirmed before Lords Commissioners : see note prefixed
to 1 Dods.]
This ship, under Danish colours, laden with a cargo of tobacco, cotton, timber,
and other goods, was captured on the 21st of March 1813, whilst in the prosecution
of a voyage from Christiansand to Leith. There was a licence on board permitting
the vessel to bring a cargo from Christiansand to Dublin, on condition that she
should sail North-about; but it was admitted in the claim that she was steering
for Leith at the time of capture, and that it was intended to have delivered her
cargo there, if permission could have been obtained for that purpose; otherwise,
that the vessel was to have proceeded with her cargo to Dublin. The question was,
whether the deviation to Leith was such a violation of the conditions of the licence
as would subject the ship and cargo to condemnation.
[258] Judgment-Sir W. Scott: This ship and cargo, both of them enemy's pro-
perty, and belonging to the same persons, were coming with an undisputed destina-
tion to Leith, and with an intention, if possible, to dispose of the cargo at that port,
for such I think is the fair interpretation of the affidavit of Mr. Morch, the son of
the owner of this ship and cargo. He says, that he arrived in Leith on the 13th
of October last, from Christiansand, for the purposes of trade and of attending to the
concerns of his father in Great Britain, where he has remained ever since : that
he has had considerable correspondence with his father's house, and with his brother,
Peder Morch, who also acts for and superintends the business of his father respecting
shipments by *the ' Manly ' ; that he was informed by his brother that his father
had some intention of importing cotton-wool into this country, provided such
goods were permitted by law to be imported ; that in consequence thereof he com-
municated the circumstane, to Messrs. Corbett, Borthwick, and Co., merchants,
in Leith, the agents and correspondents of his father, who having caused particular
enquiries to be made at the Custom Houses of London and Leith, he was by them
informed that it was learned from both Custom Houses, that cotton-wool could be
imported, and would be admitted to entry, coming from Norway, as goods permitted
by law to be imported; that he also applied personally at the Custom House at
Leith, where he was informed that cotton-wool was importable as goods permitted
by law, and under date of the 23d of February last, he wrote his father, It is said
at the Leith Custom House that they [259] apprehend of no difficulty for the 'Manly'
to return here with cotton. There was then, it should seem, a clear intention of
importing this cotton into Leith. He says that, as he was uncertain whether his
father would ship cotton, and as the other articles of export from Christiansand would
not find a good market at Leith, it was desirable to get such a licence as would enable
the vessel to sail for another port, if necessary. There can be no doubt, therefore,
that if the cargo consisted of cotton, it was to be brought to Leith for importation
and the question is, whether a transaction of this kind is protected by the licence.
The ship and cargo are both of them enemy's property, and there is no proposition
more universally admitted than that an enemy has no right to trade with the
ports of this country, except by a special permission of the Government, and that
he must comply strictly with the conditions under which that permission is granted.
No voluntary deviation from the course pointed out can be on any account tolerated,
and the only excuse that can be allowed for a departure from the terms prescribed
is, that it was done under the pressure of an irresistible necessity. Where the party
is not within the terms of the licence, the character of enemy revives, and the pro-
perty of an enemy is subject to confiscation according to the laws of all civilised
states.
The licence permits the vessel to go to Dublin, sailing North-about, and the fact
is that she was going to Leith, there to deposit her cargo. Now I ask, whether it
is possible to apply such a licence to such a voyage. What is the duty of a merchant,
resident in a hostile country, who wishes to trade with the ports of this kingdom ?
Why, undoubtedly, to state to the Government, in the most full and explicit man-
[260]-ner, the purpose of his voyage, and the place to which he intends to go ; and
it is then for His Majesty's Government, being put in possession of the plan and
design of the party, to decide whether it will permit such a course of proceeding.
But to come with a representation of one kind, and to apply the licence obtained
1303
1 DODS. 257.](ViewImageLocal?handle=hein.slavery/ssactsengr0421&div=1&collection=&method=preview&ext=.png&size=3)