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34. The Delight, capt. Tinkham,
35. The President, capt. Owings,
name was Augusta, neutralized under the
name of William of Norfolk,
ducted to Charente,
Ebenezer Borthall, Feb. 15, 1809, She had not a passport in four languages. It
was proven by papers on board that the car
go was destined for London. Wm. James Lynch, Feb. 22, She was destined for England. An English
1 license found on board.
der convoy. English property.
tish license; false declaration.
March 1, This vessel came directly from an English port.
March 15, This vessel sailed from an English port; had a
license from the king of England.
Property of English underwriters.
and fine of 11,500 francs for false declaration.
and fine. May 3, Sailed from Alicante to London, English pro
perty; English supercargo. May 3,
Infringement of the imperial decrees of block
The William, captain Tucker, arrived at Charente, in ballast, the 22d of October, 1808, with twelve sailors, the number of the crew; the captain and mariners being in. terrogated by the French authorities, at Charente, declared that they came from Bergen, in Norway, that the vessel had not touched at any port or place during her voyage, nor was she visited by any English war vessel.
The passport of the President of the United States was wanting ; the captain said that it was lost at the custom house of Saloo, in Spain. On two different places of the register the writing was found to be so effaced as to be illegible; the captain being asked the reason of this, replied, that at the custom house of Saloo, it was written that the vessel was destined for Barcelona, and that as he refused to go to that port, the writing was effaced from the register.
The director general of customs took measures to ascertain whether certain documents were actually delivered at Bergen, as was fattested by the captain and crew; and transmitted them to the French consul, at Copenhagen, who submitted them to the inspection of the quarantine officers of that town, who declared that the bill of health was forged, as was evident from certain faults of orthography; and that the other papers, said to be delivered there, were doubtless equally false, but that it belonged to the officers of the custom house to verify this opinion.
Captain Tucker was again interrogated, in January, and his answers were the same as before ; eight of his seamen had been discharged ; the three who remained persisted in the same declaration.
The ship was then put under seizure, and the captain committed to prison.
It was stated in the defence of the vessel, that the interest of the sailors necessarily led them to declare, that she came from England, if this had been the case; seeing that this declaration would have entitled them to one third of the profits arising from the confiscation of the ship ; that the want of the passport is sufficiently supplied by other papers; that the alleged typographical faults are contain: ed in the printed form, which might not be of the same impression as the one sent as a model ; that of five papers, only one was declared by the health officers to be forged; and how, it was asked, could this have been executed at England, seeing that the others were actually delivered by the custom house officers at Bergen.
The council having heard the report of the imperial attorney general, decided that the erasures were very suspicious; that the passport of the President of the United States was wanting ; that the bill of health, said to be delivered at Denmark, is false, as well as other documents presented to them; that, consequently, the vessel did not come from Bergen, as was asserted by the captain and crew ; and that, independently of confiscation, they have incurred the penalty imposed by the decree of the 23d of November, 1807, besides the prosecution to which the
forged papers may give birth. . The captain is sentenced to pay the sum of 11,500 francs,
for himself and 11 sailors, on account of their false declaration; and they are to remain in prison till this sum is paid ; the false papers are to be sent to the minister of justice, to order such measures concerning them as he may think fit.
The Juno, of Norfolk, captain William Edwards. This vessel arrived in 1808, at the Isle of Ré ; the captain declared upon examination, that he came from Bergen, with the intention of sailing for Charente ; that during his voyage, he had not been visited by an English war vessel, nor had he touched at any port; that he had left Barcelona in August, 1809, with a cargo of wines, destined for Verrel; that he arrived there in October, where he unloaded, and then returned in ballast to Barcelona; that he left this port the 10th February, 1808, and took a cargo of wines from a port on the coast of Catalonia for Bergen ; that he left Bergen the 18th June, and arrived the 22d at Charente ; that during this and the last voyage he paid no contribution to the English government; that he had proposed to take in brandies at Charente, which he would probably have carried to Bergen.
This declaration was confirmed by all the crew, except one named Stanfeldt, who said that the Juno had been visited by an officer of an English brig, who conversed with his captain.
Among the ship's papers was found a copy of a license froin the king of England, dated the 14th May, 1808, which was to be good for six months ; the endorsement proved that it was for the use of the Juno, of Norfolk, coming from Charente, and going to London or Bristol.
Another of the sailors, William Summer, afterwards declared, that she came from Portsmouth and not from Bergen, and that the papers dated at Bergen were false. The court decided, “ that this vessel comes under the decrees of the 230 November and 17th December, 1807. The sailor, who declared the truth, is excepted from the fine and penalty; he who acknowledged the visit, but not her real voyage, is to have no gratification. The vessel is confiscated to the profit of the state, and the captain condemned to pay 10,500 francs for himself and crew, on account of their false declaration, and to remain in prison, till this sum is paid. The false papers are to be sent to the minister of justice, to take such measures concerning them as he may think fit."
The ship New Guide, of New Orleans, captain Creagh, had sailed to London, from Alicante, with a cargo of soda, wine, and raisins.
The captain being interrogated, declared, that he is a native of Baltimore, in the United States; that his vessel belongs to Mr. Shippend of New Orleans; that the cargo is the property of Compte and Co. of Barcelona, or of Joseph Bum, of London, to whom it was consigned; that he was destined to sail from New Orleans to Bordeaux, but being taken by the English, he was obliged to sell his cargo in England, where his vessel was finally acquitted; that he left Alicante the 24th of October, 1808, with a cargo, for London ; that on the 19th of November, the ship being damaged, he was obliged to stop at Lisbon, where he unloaded almost the whole of the cargo, for the purpose of having her repaired; that the 29th of December he stopped at Falmouth, where he had no other expenses to pay than those incurred by the pilots ; that his vessel being at Quarantine, he could have sailed when he pleased; that he quitted this port the 2d of January, with a convoy, but formed no part of it; that after his departure from Falmouth, he had not been visited except by the corsair who took binn.
Two officers, and two of the crew of the vessel, gave the same narrative of facts and circumstances.
The charges brought forward by the court, were as follows: The register of the ship, dated at New Orleans, the 20th January, 1808, proves that her captain was enjoined by the commanders of the English war vessels, the Dryad and the Shannon, on the 17th or 18th of March, 1808, to sail directly for England, and not to touch at a French port.
By an act, made at Barcelona in September, the captain declares, that he had been sent by the Spanish authorities to the French commandant, to obtain permission for the departure of his vessel, and that this could not be granted for less than $25,000; and that the other vessels coming from Tangiers to Barcelona, since the period when the French occupied it, were, as he was informed, obliged to pay the same sum.' In defence of the vessel and cargo, it was stated, that she was compelled to go to England ; that it was impossible to prevent the visit of English war vessels ; that the decree of the 17th of December could not possibly be known to him, the captain ; that the French authorities knew well, that the destination for New Orleans was not the real one; that it could not be mentioned on the certificate, as the towns, that had submitted to French authority, were supposed to have no connection with the rebels; that by the bill of lading and charter party, made at Tarragon, the 16th of September, 1808, the cargo is proven to be the property of Messrs. Compte and Co. merchants at Barcelona, who remained firmly attached to his majesty, king Joseph; that the soda, forming the chief part of the cargo, was originally destined for Marseilles, but could not be sept there, as the insurgents prevented all communications between these towns.
The conclusions of the imperial attorney general, were as follow: That it was proven from the ship's papers and other evidence, that she was bound from Alicante, a rebel port, to England, and that the cargo was consigned to Mr. Burns,* an Englishman-Besides, the infringement is manifest, of the imperial decrees of the 17th of December, and of the decree of blockade of the 21st November, 1806 ; that whatever be the attachment and fidelity of the house
Mr. Burns is a partner of the house of Compte and Co. Barcelona.