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![handle is hein.slavery/ssactsengr0475 and id is 1 raw text is: THE ELIZA ANN
[257] ELIZA ANN -(Freeman). May 25, 1824.-Illegal importation into
Jamaica.-Sentence of condemnation affirmed: effect of transhipment at an
intermediate port.
This was an appeal brought by several claimants, upon the condemnation of the
above schooner, and of a cargo of flour by the Vice-Admiralty Court of Jamaica, for
illegal importation into that island. The arguments chiefly turned upon the con-
struction of 28 Geo. III, c. 6, and 58 Geo. III, c. 27.
For the respondents, King's Advocate and Jenner.
For the appellants, Adams and Lushington.
Judgment-Lord Stowell : A great deal of elaborate argument has been employed
illustrative of the system under which the trade of importations into the British
colonies was permitted to be carried on at the time of this importation. This Court
has reason to lament, on its own account, and still more on the account of those who
are liable to be affected by the application of this system, that the numerous statutes
which compose it are left in a state of rather doubtful interpretation, very embar-
rassing to Courts of the colonies and to the professors of law there, and still more to
merchants, and foreign merchants particularly, whose interests are placed in a state
of doubtful controversy respecting what is permitted to them and what is prohibited.
The statutes are many in number and various in their regulations, generally
pursuing, in later times, a mitigated and mollifying system, softening the rigour of
the exclusive and prohibitory one which preceded them. But it appears to be a
de-[258] -pending question, much agitated there, whether the later statute abrogates
the general system of those that preceded it, though not repealed in direct terms, or
whether it leaves untouched and in operation, those clauses to which no positive
repeal is applied, and upon which there is matter left on which they can operate.
This is a question left to be discussed and settled rather upon technical and legal
principles, than upon such as are practically obvious and intelligible to common
apprehension. A few words inserted in the later statutes, defining more explicitly
the limits of the intended alteration, would certainly contribute much to general
convenience. Upon the general question, however, the present occasion does not
demand from me any opinion of my own; for the present question does not appear
to turn upon the interpretation of statutes, for the statute upon which this particular
case is to be decided has already received its interpretation by a decision in this
Court; which not being reversed by any judgment of any appellate jurisdiction, is
at least a binding authority for this Court itself.* The statute, which is that of the
58 Geo. 11, c. 27, declared, that it shall be lawful to import grain, flour, and certain
other enumerated articles, into His Majesty's West India colonies, in British ships,
from any West Indian colony under the dominion of a foreign European Sovereign.
The facts of the case are, that this cargo of American flour and corn was brought
from America in an American ship, and into the island of Cuba, [259] in the neigh-
bourhood of Jamaica, there immediately transferred into what may be admitted to
be a British ship, and in that imported into Jamaica. The question then arises,
whether this is an importation from America or the neighbouring island of Cuba;
if from the latter it comes under the protection of the statute, which allows an impor-
tation from foreign islands or colonies. But if it be deemed an importation from
America, notwithstanding this act of a hasty decanting into a British ship at Cuba,
then, according to the construction of the statute, adopted by this Court, it is an
importation unallowed by this statute: this Court having decided that it was an
essential and declared part of its policy to preserve to British ships the benefit of
the whole navigation ; or that at least a conveyance of the supplies up to the very
last stage of the navigation, merely to be dropped at the very threshold of' the
British colony, was an abuse of the statute, contrary to a material part of its funda-
mental policy, and, therefore, coming within its prohibition. This view of the
matter was expressly admitted in the argument delivered on the part of the claimant.
The question then is, whether the facts of the case constitute an importation
from America, or a Spanish importation from Cuba. Now the facts are these ; and
it is the decision upon these facts that in this Court must entirely determine this
case. For there is no question of law remaining here, if the facts are determined.
* The Matchless, Vint, p. 98, and upon the effect of an intermediate shipment,
see p. 106-But vide p. 263, note.
1 HAGG. 257.](ViewImageLocal?handle=hein.slavery/ssactsengr0475&div=1&collection=&method=preview&ext=.png&size=3)