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![handle is hein.slavery/ssactsengr0512 and id is 1 raw text is: THE GOOD CHRISTIAN
[216] Neutral ships restored when proved to have been bound to French ports in the
West Indies :-
THE GOOD CHRISTIAN.
A Danish ship was taken in her voyage from St. Croix to St. Domingo ; had on
board a Dutch pass for trade amongst all the West India islands ; a bill of lading
expressing the voyage to be to St. Domingo and that the goods are on account and
risk of a Danish subject ; a clearance at St. Croix for Cape Francois. The master
and mariners said they were bound to St. Domingo or Cape Francois, where the
cargo was to be sold to any person that would buy it. The ship was carried to
North Carolina and proceeded against as prize. Claim was given for ship and cargo
as the property of Danish subjects.
20th December 1760.-The Judge condemned both as prizes, ordering claimant
to pay costs pursuant to stipulation. The Lords declared that on all the evidences
and circumstances of the case they are of opinion there is not sufficient ground to
presume tLat the voyage in which the ship Good Christian was taken was allowed
by the French king or his officers, or undertaken on any assurance, agreement, or
authoritative intimation that the ship would be received at Cape Francois on the
foot of a French ship or treated in such a manner as only French ships have a right
to be treated in time of peace.
DE JONGE ISAAC.
A Dutch ship going into Cape Francois, in the island of Hispaniola, was taken
by two English men-of-war. She had sailed from Rotterdam to the coast of Africa
and there purchased 500 slaves, with which she sailed to Surinam, there sold 200,
and the master was carrying the rest to Cape Francois for a market at the time he
was taken. This account was given by the master and mariners on their examina-
tions ; there was no permit to trade [217] with the French on board, nor any order
from the owners to the master to go to any French port, but in general to go to
Surinam and there dispose of the slaves, or where else he could do it to greater
advantage. The ship was carried into Jamaica, where the Judge of the Vice-
Admiralty condemned the negroes and the rest of the cargo to the captors, but
restored the ship to the Dutch claimant.
12th March 1763.-On appeal by both parties, the Lords reversed that part of
the sentence which condemned the cargo, and pronounced as well the ship and cargo
to belong as claimed, and decreed the same to be restored, or the value thereof paid
to the claimant.
THE HOPE.
A Dutch ship fitted out from Eustatia with a cargo for Monte Christi, was taken
thirty leagues to leeward of Monte Christi, making for St. Marks, a French port in
Hispaniola. The master and mariners swore they were driven out of their course
by bad weather; that they would have gone into St. Marks to repair, being the
nearest port, but would not have sold more of their cargo than was necessary to
bear their expenses, nor have purchased anything in return of the French. The
Judge of the Vice-Admiralty of Jamaica decreed ship and cargo to be restored to
claimants.
1st May 1764.-On appeal, the Lords affirmed the sentence, and decreed the
cause to be remitted.
Neutral ships coming with cargoes from French ports in the West Indies restored
NOTRE DAME DE LA ROSA.
A Spanish ship was taken, 16th December 1756, in her voyage from Leogan, a
French port in Hispaniola, to Carthagena with a cargo of sugar. She had last
sailed from Carolina, and, whilst there, war was declared between England and
Spain. There was [218] on board a French permit from the officer at Leogane
setting forth that the captain of the Spanish barque ' Notre Dame de la Rosa '
had declared he had left the amount of his former cargo and prayed permission to
load the amount in sugar, on condition that said lading shall not give room to any
other commerce on pain of confiscation of ship and cargo. The captain of the
privateer set all the crew on shore in Hispaniola except the captain, and carried
ship and cargo to Jamaica, where he proceeded against them as prize.
28th February 1757.-The Judge of the Vice-Admiralty at Jamaica restored the
ship to the claimant, but condemned the cargo.
BURRELL 216.](ViewImageLocal?handle=hein.slavery/ssactsengr0512&div=1&collection=&method=preview&ext=.png&size=3)