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Richmond, Virginia
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Letter from Kingston, Jamaica, dated August 2, details the seizure of the American brig Constellation by HMS Polyphemus for importing pickled fish without required duties under British Orders in Council of April 12. The vessel may be cleared due to local tonnage duty, but the case is referred for trial, highlighting risks to American trade in British colonies.
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Extract of a letter dated Kingston (Jam.) August 2.
"The American brig Constellation, captain Thomas, from Beaufort, North Carolina, loaded with lumber and provisions, after entering this harbor, has been seized and detained by his majesty's ship Polyphemus, for having pickled fish on board. This seizure has been made under the orders in council of 12th April last, to which I refer you, and by which you will perceive that "staves and lumber, horses, mules, asses, neat cattle, sheep, hogs, and every other species of live stock and live provisions (beef, pork and butter excepted) are allowed to be imported and exported into and from the British West India Islands and Colonies in South America, for twelve months from the foregoing date, which are of the growth or produce of the country to which the vessel importing the same shall belong," &c.
"but nothing herein contained shall be construed to permit after the first November, 1809, the foregoing articles to be imported into the said Islands, colonies, &c. in vessels on which there does not exist at the time of importing the same a tonnage duty of at least 5 shillings sterling per ton—Nor after the first of July, fish, on which there does not exist at the time of importing the same a duty of at least 1s. sterling per quintal on dried or salted cod or ling fish, cured or salted, and a proportionate duty per barrel on cured or pickled shads, alewives, mackerel or salmon, besides the tonnage duty on the vessel as aforesaid." Now there does not exist here a duty laid on in April last by the assembly of this island, of more than five shillings sterling per ton on the vessel importing the same, and it is presumed she will be cleared on that score, although objected to by the captor as being only an Island Duty, and not originating at home; the case has been submitted (as all cases of capture or detention are) to the attorney general, and he has ordered her for trial; but I am informed that the agents for the captors, as well as the collector, are of opinion to withdraw; this will be ascertained to-day or to-morrow, and when I learn the issue will inform you. This law, I fear, will operate on Americans, bound to Islands or Colonies, where no such duties exist; and expose them to ruin in the most innocent pursuits. This being a novel case and of vast importance to the American trade in particular, I am anxious that my countrymen should be apprised of the same as soon as possible for their better government."
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Foreign News Details
Primary Location
Kingston (Jam.)
Event Date
August 2
Key Persons
Outcome
seizure and detention of the brig constellation; case submitted to attorney general for trial; possible clearance due to local tonnage duty or withdrawal by captors.
Event Details
The American brig Constellation, captain Thomas, from Beaufort, North Carolina, loaded with lumber, provisions, and pickled fish, was seized and detained by HMS Polyphemus in Kingston harbor under British Orders in Council of 12th April last, which require specific duties on fish imports after July 1. Local island duty of five shillings per ton exists, but captor objects as it is not from home; outcome pending determination today or tomorrow.