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![handle is hein.slavery/ssactsengr0414 and id is 1 raw text is: mounting 44 guns, with 609 officers and men on board. That the ' Monarch ' then
making the signal that ' L'Armide,' which had previously struck, was not secured,
two of the ' Revenge's' boats were instantly hoisted out, she at the same time
making all sail after the ' Centaur ' and the other frigate, and an officer and sixty
men were sent, who assisted in taking possession of the said French frigate' L'Armide,'
while the 'Monarch' sent a party of officers and men on board ' La Minerve.'
That when the enemy's frigate, carrying a commodore's pendant, made sail to the
westward, to endeavour to escape, and was chased by the ' Centaur,' a running
fight was maintained between them until near three o'clock, when His Majesty's
ship ' Mars,' after capturing ' L'Infatigable,' as is particularly pleaded in the
second article of this allegation, having joined in the chase of the frigate [287] in
question, came up, crossed her course, and commenced firing, and the said frigate
then struck her colours, after a chase of about twenty miles from the place where
the ' Monarch' was left with 'La Minerve' and 'L'Armide,' and on being taken
possession of, proved to be the French frigate ' La Gloire,' mounting 46 guns, with
623 officers and men on board. That His Majesty's ship ' Revenge,' after crossing
' La Minerve ' and compelling her to surrender, crowded all sail after the said frigate
'La Gloire,' then about eight miles ahead, leaving the 'Monarch' with' L'Armide'
and ' La Minerve ' ; and at three o'clock, when the said frigate struck her colours,
the 'Revenge' having gained considerably on both the said ships, was only about
four miles from and not within gun-shot of ' La Gloire.' That by signal from the
' Centaur,' the ' Revenge' took possession of the said frigate, and her boats were
employed in shifting the prisoners, the 'Centaur' and 'Mars' sending only two
officers on board.
It is pleaded that she was preparing to open her fire against the Minerve,--
but, in point of fact, she had not opened it. The Minerve, it is said, had fired
two or three shots at her ; but that these shots were received by her is not said, and
it may now be difficult to prove that they were really discharged at her, or were
other than random shots, discharged just before the act of striking, which followed
instantly afterwards. The Monarch then took possession of her, and the Re-
venge went in pursuit of the other frigate La Gloire, with all the promptitude
which might be expected from the known activity of her commander, but he was
not within gun-shot of her when she struck. With respect, therefore, to this latter
prize the Revenge is [288] clearly out of the question. In that of the Minerve
she approaches much nearer to the verge of the principle than any of the other
vessels which did not fire, and perhaps, if these circumstances had been brought in
proper time to the notice of the Court, so that the Court could now have possessed
itself of the fact upon evidence from the Minerve, that the shots were really
discharged at the Revenge, I should have thought them deserving of great
attention. For if that fact were indubitably established it might raise a nice question,
whether she might or might not be considered as actually engaged, although she had
not fired a shot, and although, as it has been truly observed, it is the second or re-
turned blow that makes the battle. But considering the length of time which has
elapsed since the capture took place, I am not inclined to admit this claim, which
is made to rest on an equivocal circumstance, of which there is now but little chance
of obtaining any satisfactory evidence. It being the established principle that head-
money belongs to the taker, I think it is my duty not to recede from that principle
on behalf of an asserted interest of this nature, upon any state of facts that does
not clearly and out of all question support such a character. Where the question
either of fact or of law in favour of such an interest is dubious, it is fit that the Court
should incline to the clear and incontestable interest of the actual taker, and should
not be disposed to diminish, by an enlarged construction, the benefits which the
law has exclusively appropriated to him.
[289] ADAMS -(Tubbs). Feb. 14, 1811.-Breach of the revenue laws-
condemnation.
(Instance Court.)
This American ship, laden with tobacco, pork, beef, flour, and other articles,
sailed from Boston to Trinidad, where, upon her arrival, the master reported the
ship, and the admissible articles were allowed to be entered, landed and sold ; the
1112
TA E ADAMS
EDW. 287.](ViewImageLocal?handle=hein.slavery/ssactsengr0414&div=1&collection=&method=preview&ext=.png&size=3)