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Domestic News
March 18, 1794
Gazette Of The United States & Evening Advertiser
Philadelphia, Philadelphia County, Pennsylvania
What is this article about?
Philadelphia publication of Jamaica Attorney General Robert Sewell's February 1794 opinion on a captured American vessel's cargo, advising no condemnation if proven neutral property despite British instructions against French colonial supplies.
Clipping
OCR Quality
98%
Excellent
Full Text
PHILADELPHIA, MARCH 18.
Mr. Fenno,
The following opinion of the Attorney General at Jamaica, throws some light upon an interesting and very important subject—its publication is therefore requested.
A. B.
Opinion of the Attorney General of Jamaica.
CASE.—Kingston, Feb. 12, 1794.
"AN American vessel was loaded with flour by her owners in America, and sent to Port au Prince in Hispaniola, where her cargo was sold and by means thereof, and bills of exchange, a cargo was purchased on account of the owners, consisting among other things of the produce of Hispaniola, in the months of October, November, December and January last. The vessel left Port au Prince on the 12th of January, and was taken by a British privateer on the same day, and sent down to this Island, where she arrived before the publishing the instruction of the sixth day of November.
The cargo has been libelled as French property—and your opinion and advice is requested, whether under the foregoing circumstances, the cargo will be condemned, notwithstanding it is proved American property, and whether a claim should not be put in on behalf of the owners, notwithstanding the said instruction."
ANSWER.
"I am of opinion the instruction alluded to, does not intend the condemnation of all it directs to be stopped, and detained—Nor can the term "legal adjudication" be so understood with any propriety—I apprehend the object of the instruction is to guard against the too easy dismissal of vessels and cargoes by the commanders of ships of war, at their own discretion, and also to insure the interruption of the supply of provisions to the French colonies in hostility with Great Britain—If therefore the vessel and cargo should by the court be adjudged neutral property, I am of opinion there can be no condemnation as prize.
Signed "ROBERT SEWELL."
Attorney General.
Mr. Fenno,
The following opinion of the Attorney General at Jamaica, throws some light upon an interesting and very important subject—its publication is therefore requested.
A. B.
Opinion of the Attorney General of Jamaica.
CASE.—Kingston, Feb. 12, 1794.
"AN American vessel was loaded with flour by her owners in America, and sent to Port au Prince in Hispaniola, where her cargo was sold and by means thereof, and bills of exchange, a cargo was purchased on account of the owners, consisting among other things of the produce of Hispaniola, in the months of October, November, December and January last. The vessel left Port au Prince on the 12th of January, and was taken by a British privateer on the same day, and sent down to this Island, where she arrived before the publishing the instruction of the sixth day of November.
The cargo has been libelled as French property—and your opinion and advice is requested, whether under the foregoing circumstances, the cargo will be condemned, notwithstanding it is proved American property, and whether a claim should not be put in on behalf of the owners, notwithstanding the said instruction."
ANSWER.
"I am of opinion the instruction alluded to, does not intend the condemnation of all it directs to be stopped, and detained—Nor can the term "legal adjudication" be so understood with any propriety—I apprehend the object of the instruction is to guard against the too easy dismissal of vessels and cargoes by the commanders of ships of war, at their own discretion, and also to insure the interruption of the supply of provisions to the French colonies in hostility with Great Britain—If therefore the vessel and cargo should by the court be adjudged neutral property, I am of opinion there can be no condemnation as prize.
Signed "ROBERT SEWELL."
Attorney General.
What sub-type of article is it?
Shipping
Legal Or Court
What keywords are associated?
American Vessel
British Privateer
Jamaica Opinion
Neutral Property
Cargo Condemnation
What entities or persons were involved?
A. B.
Robert Sewell
Where did it happen?
Kingston, Jamaica
Domestic News Details
Primary Location
Kingston, Jamaica
Event Date
Feb. 12, 1794
Key Persons
A. B.
Robert Sewell
Outcome
if proven american property, no condemnation as prize.
Event Details
American vessel captured by British privateer on January 12 after trading in Port au Prince; cargo libelled as French; Attorney General opines that British instructions do not require condemnation of neutral property.