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" Don Pedro," In re The Eng. Rep. 547 (1752-1865)

handle is hein.slavery/ssactsengr0513 and id is 1 raw text is: THE DON PEDRO

restored ; but the property of the cargo appearing doubtfull, assigned same to be
pleaded and proved within a month.
THE  DON PEDRO.
A Dutch ship, having obtained a licence from the Governor of St. Eustatia to
trade to all free and permitted places in the West Indies, was loaded by Dutch
subjects at Eustatia with flour, wine, oyl, and soap, with which cargo she was cleared
out at Eustatia for Monte Christi to a Spanish port in the island of Hispaniola.
2nd February 1759, arrived there and obtained leave of the lieut.-governor to
dispose of his outward-bound cargo ; of which leave he had a certificate given him
from the governor, in which it is declared that he had been enjoined and ordered
not on any pretence to sell or purchase of any person except the neighbours and
inhabitants of Monte Christi. The cargo purchased consisted of 72 barrels of sugar,
some tobacco and hides, with which the ship was returning to Eustatia, when she
was taken by the  George, privateer, and carried into Savannah in Georgia, where
[224] she was proceeded against as prize. The master in his examination said that
he, with other Dutch subjects, were the sole owners of ship and cargo ; that he
disposed of his cargo to the Spaniards at Monte Christi, in particular to the governor
and his secretary, and the remainder to sundry persons for ready cash. That he
took a cargo on board at Monte Christi of tobacco, hides, and sugar (N.B.-There
was no invoice for the tobacco and hides), but does not know what produce it is ;
don't know that the Spaniards plant sugar at Monte Christi ; purchased the major
part of the sugar from Josh. Ricardo, a Spaniard; received it from on board a
Spanish schooner, but did not see her till 6 or 7 weeks after his arrival ; paid duty
at Monte Christi ; employed no person to go to any of the French territories to
purchase sugar for him. Hubbard, chief mate, don't know whence the schooner
came from which they took the sugar, but a Spaniard on board said she came from
St. Dauphin. A claim was given for ship and cargo by Hand, the master, as the
property of himself and other Dutch subjects.
30th May 1.759.-The Judge of the Vice-Admiralty in Georgia condemned ship
and cargo as lawfull prize.
24th March 1761.-The Lords reversed said sentence ; pronounced ship and
goods to belong as claimed, and decreed same to be restored or the full value thereof
to be paid to the claimants.
THE  CHARMING POLLY.
The property of British merchants, sailed from New York with a cargo of
linnens, beer, cyder, and cash ; cleared out for Jamaica, but sailed for Monte Christi ;
there took in a cargo of white sugar and sailed therewith to Leghorn, but in the
way put into Gibraltar, where was seized by an English man-of-war and proceeded
against as prize. A claim was given by the master for the ship and cargo as the
property of Stillwell and others, merchants at New York; the master in his
deposition said the cargo was purchased at Monte Christi by Gill, a factor for the
owners of the [225] ship, and cargo established there ; was brought on board by
Spanish vessels ; did not know of what produce it was. On board was a certificate
from the Lieutenant-Governor of Monte Christi that the cargo had been bought in
that city from several inhabitants thereof, and was the effects of Spaniards and of
no other nation.
22nd July 1760.-The Judge of the Vice-Admiralty at Gibraltar pronounced that
ship and goods did at the capture belong to the French king or his subjects, and
condemned them as lawful prize.
27th July 1761.-The Lords reversed said sentence, pronounced ship and cargo
to belong as claimed, and decreed them to be restored, or the full value thereof, to
the claimants.
The  Gregg, 27th July 1761 ; to the same purpose. N.B.-Cleared out at New
York for South Carolina and Jamaica.
The  Sharp, 27th July 1761 ; to the same purpose.
The  Penguin, 16th March 1762 ; to the same purpose.
The  Fair Lady, 16th March 1762 ; to the same purpose.
The  Fortunatus, 13th July 1762; to the same purpose. N.B.-Cleared out
at Boston generally for the West Indies. The master deposed that his cargo (of

547

BURRELL 224.

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