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![handle is hein.slavery/ssactsengr0394 and id is 1 raw text is: THE ANNE ..
his asserted place of abode, it might have been a circumstance to be set in opposition
to his present residence, and might afford a presumption that he was in St. Domingo
only for temporary purposes. But this is a shipment to France, from a French
colony, and if the person is to be taken as a native of France, the presumption
would be that he had returned to his native character of a French merchant. Then
as to the point, [100] on which I say the only doubt remains, the depositions of the
master may, I think, be taken to supply that deficiency. He says, that he received
the cargo from French merchants, and that it was the property of the laders and other
French subjects. This representation does very much fortify the presumption,
that Mr. Lapierre was considered by the master as a Frenchman, and that he was
resident at Saint Domingo on the ordinary footing of other French merchants.
On this view of the case, I shall pronounce his claim subject to condemnation.
THE ANNE -(Bicknell). Feb. 13, 1804.-Claim of salvage on rescue of a slave
ship, not substantiated.
(Instance Court.)
This was a case of salvage, brought by the owners and master of the Elizabeth,
a slave ship, for salvage services alleged to have been rendered to the Anne on
the coast of Africa.
It appeared that the Anne had been in considerable distress from an insur-
rection of her slaves, but that this insurrection had, in fact, been quelled by her
own crew, on the night before the Elizabeth came up. A second insurrection
was alleged on the part of the Elizabeth, but not proved. On this and other
facts relied on in numerous affidavits, the Court expressed an opinion generally
to the following effect.
Judgment-Sir W. Scott: This demand is made against the ship and a valuable
cargo for salvage, but I do not [101] think that the claim is in any degree supported.
Two pleas are set up : First, a rescue from an insurrection of her own slaves ; but
that appears to have been subdued before the Elizabeth came to her assistance.
A second insurrection is also alleged of the Butlers and Linguisters, who are officers
of the nations of the coast, with whom they were carrying on their traffic; but this
is not in any manner proved. A different turn is now attempted to be given to the
claim of salvage, by resolving it into a general superintendance, and assistance
rendered to the master of the Anne, who was almost entirely deprived of his
own crew, and was himself disabled from continuing in the command and manage-
ment of his vessel, by illness. Several of the people who appear to have gone on
board to render assistance were paid at the time. In the whole circumstances of
the case there is not a pretence for constructing a claim of salvage on such services.
If any rescue had been effected out of the hands of the insurgent slaves, I should
have pronounced for salvage, as I did in a former case. (a) For although there
may be a general duty incumbent on all persons to render assistance to others in
distress, yet when there is a danger incurred, and a rescue effected, it appears to me
to be an act justly entitled to remuneration, as a salvage service. No such case is
made out by these parties, and I shall dismiss the suit.
[102] THE REBECCA -(Maddick). Feb. 17, 1804.-Bottomry bond put in
suit originally on the part of a French merchant in 1792-suspended during the
last war-not enforced during peace, but now attempted to be further prosecuted
.on the part of the British merchant, to whom it was endorsed-not allowed to
be put into execution under the original proceedings.
[Referred to The Royal Arch, 1857, Swab. 284.]
(Instance Court.)
This was a question on a bottomry bond, executed in Marseilles in 1792, by the
master of an English vessel, to Mr. Guerin, a merchant in that city. The warrant
was extracted 24th December 1792, by Mr. Thellusson, on the part of the French
merchant.
On the breaking out of the war, the defendant appeared under protest pleading
alien enemy. In 1796, an answer was given to the protest, and a reply to that
(a) The Trelawney, 4 C. Rob. 223.
5 C. ROB. 100.](ViewImageLocal?handle=hein.slavery/ssactsengr0394&div=1&collection=&method=preview&ext=.png&size=3)