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![handle is hein.slavery/ssactsengr0115 and id is 1 raw text is: I ACON,240 DIOMEDE (THE)-AMEDIE (THE) [ts 80]
Law, arts. 252-260; Rules in Prize Proceedings, 1898 (Stat. R. and 0., 1898,
pp. 905, et seq.), rr. 75-89.]
DIOMEDE.*
Flag eighth. Commander in chief of a station, together with his junior flag
officers, entitled to share as constructively assisting in a capture made in con-
sequence of the detachment of another junior flag officer in chase of a
particular fleet, which having escaped, and intelligence being received of
another fleet cruising in a different quarter, a second chace was commenced
without any fresh order, and continued until the capture was finally made
within the limits of another Admiral's station, one of whose vessels assisted
in the capture. The claim of the Admiral in whose station the capture was
made rejected. Claim of a junior flag officer on another station, who com-
municated the intelligence which led to the capture, in which he also assisted,
admitted.
SENTENOE.-The Court pronounced against the appeal, and affirmed the sentence
of the High Court of Admiralty with respect to the said ship.
[As to joint capture, see Holland, Man. Nav. Pr. Law, arts. 252-260; Kinloch's
Abridgt., Deccan case, 133; Rules in Prize Proceedings, 1898, rr. 75-89. As to
distribution, see Proclam., Aug. 3, 1866 (Stat. R. and 0. Rev., vol. 5, p. 101);
0. in C. of Dec. 5, 1865 (lb. p. 110); 0. in C. of March 28, 1868 (ib. p. 98); Rules
in Prize Proceedings, 1898, rr. 90, 91. The Addenda et Corrigenda to Acton,
vol. 1., contained the following note: A vessel, after chasing by signal and
making a capture, commencing another chace without signal and probably out
of reach of signal, making a second capture (the fleet of which she constituted
a part affording no co-operation, but bearing away upon another tack), not
bound to let in the claim of such fleet to a capture so made.]
[240] AMEDIE, JOHNSON, Master [March 17, 1810].
American slave trade. Transportation of slaves from the coast of Africa.to
Matanzas in the island of Cuba, a colony of the enemy, illegal, and affects
the property of the ship and her cargo of slaves. The decree of the Court
below affirmed, condemning the cargo of slaves as prize to the sole use of
His Majesty (which were afterwards set at liberty) and the ship as lawful
prize to the captor. The trade considered to be prohibited by the American
law; which having been officially notified to the Court, the neutral was ex-
cluded from the benefit he would otherwise have derived from the silence or
permission of the law of America, notwithstanding the prohibitory enact-
ments of Great Britain.
In this case an appeal was prosecuted from the sentence of the Vice-Admiralty
Court of Tortola, condemning this American ship and a cargo of slaves, as engaged
in an illegal trade, from Bonny on the coast of Africa to Matanzas in the island
of Cuba.
The King's Advocate [Sir Christopher Robinson] and Stephen for the Captor.-
The capture and condemnation of this vessel appears perfectly conformable to the
existing legislative enactments made by the American Government, of which the
claimant is a subject, and by the British Government, under whose authority the
captor (as commander of a brig in His Majesty's service) acted. This vessel sailed
not until the month of September 1807, for the coast of Africa, although the letters
* See page 69.
92
I ACTON, 240](ViewImageLocal?handle=hein.slavery/ssactsengr0115&div=1&collection=&method=preview&ext=.png&size=3)