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![handle is hein.slavery/ssactsengr0436 and id is 1 raw text is: [81] FORTUNA *-(Verissimo). March 12, 1811.-Any trade contrary to the
general law of nations, although not tending to or accompanied with any
infraction of the belligerent rights of that country whose tribunals are called
upon to consider it, may subject the vessel employed in that trade to confisca-
tion.-The slave trade is now deemed by this country contrary to the law
of nations, unless tolerated by the municipal regulations of the state to which
the owners of the vessel engaged in the trade may belong.
[S. C. 1 Eng. Pr. Cas. 193 n. Adopted, Le Louis, 1817, 2 Dods. 213.]
This vessel sailed from New York, under American colours, in the month of
July 1810, being then named the William and Mary, and arrived at Madeira in
September. The ostensible owner at this time was an American citizen of the
name of George Fowler Trenholm, who also acted as master. On arriving at
Madeira, he landed a part of his cargo; and about a week before his departure
from it, he executed a bill of sale for the ship to a native of Madeira, a Portuguese
subject, named Joao de Souza ; and in consequence of this sale obtained Portuguese
papers and assumed a Portuguese flag. This Joao de Souza is stated to be a man
notoriously of no property, who is employed as a clerk in the store of an English
mercantile house in that island ; and in point of fact, no consideration was given
for the vessel. In thus lending his name to this transaction, Joao de Souza appears
to have merely complied with the wishes of his employers, who were the consignees
of the William and Mary. The William and Mary, having thus become
colourably the property of a Portuguese, was re-named the Fortuna, and another
Portuguese, of the name of Verissimo, was appointed master. George Fowler Tren-
holm, the former [82] master, was now converted into a supercargo ; and the whole
conduct and entire control of the ship and adventure were committed to him, without
his even receiving any instructions whatever from the alleged owner, Joao de Souza.
The only part of the cargo taken on board at Madeira consisted of some articles of
provisions for the voyage.
On the 6th of October this vessel sailed from Madeira, and, when about seven
or eight miles distant from the harbour of Funchall, was captured by His Majesty's
ship Melampus, Captain Hawker, and sent to Plymouth.
The evidence obtained by means of the standing interrogatories afforded strong
suspicion that the sale at Madeira was a fraudulent and collusive transaction. This
suspicion was afterwards fully confirmed, and it clearly appeared, from the mere
inspection of the vessel, independently of other corroborating circumstances, that
the object of the voyage was to procure a cargo of slaves on the coast of Africa.
Judgment-Sir W. Scott : This ship, bearing the Portuguese flag, was taken and
brought in as prize, and proceeded against as such by the captor. Depositions
were taken; and it was not until a considerable time afterwards, that a claim was
given by the master for this ship as the property of a Portuguese owner. The captor
in this case, as in other cases of prize proceedings, gave no special allegation. The
act of bringing her in, and proceeding against her, alleges her generally to be a sub-
ject of prize rights ; but the [83] captor is not called upon to state, at the commence-
ment of the suit, the particular grounds on which he contends that she is so. He
has a right to institute the enquiry, and he takes the chance of the benefit of any
fact that may be produced in the result of that enquiry. This is a great advantage
on the side of the captor, but it is controlled by his liability to costs and damages if
the enquiry produces nothing ; and it is fully balanced by the advantage given to
the claimant in this species of proceeding, that no evidence shall be admitted against
him but such as proceeds from himself, from his own documents, and from his own
witnesses ; the captor not being permitted, except in cases marked by peculiar cir-
cumstances, to furnish any evidence whatever. In the present case it is not, I
think, competent for the claimant to object that the captor had no right to institute
an enquiry whether the ship was Portuguese or American. The captor instituted no
such enquiry : he alleged her simply to be prize, and proceeded against her generally
as such. If in the course of that general enquiry it turns out that she is shewn to
* The case here inserted is copied verbatim from the very accurate report of it
published by the Directors of the African Institution in their Fifth Number. The
next case (The Donna Marianna) is taken from the Sixth Number of the same
work.
THE 96 FORTUNA )
1240
I DODS. 81.](ViewImageLocal?handle=hein.slavery/ssactsengr0436&div=1&collection=&method=preview&ext=.png&size=3)