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Sign up freeThe New York Packet
New York, New York County, New York
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Bermuda report on British legal opinion affirming that a West Indies trading sloop with a white British crew assisted by black slaves is lawfully navigated and not subject to confiscation, per Attorney and Solicitor Generals.
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Last year some doubts having arisen respecting the navigation of vessels in the West-Indies by negroes, induced some gentlemen of Antigua to send home for the opinion of the attorney and solicitor General, &c. which is as follows:
Case—Whether a British sloop of about 100 tons employed only trading from island to island, in this country navigated by a white master, (a British subject) a white mate ditto, and a white man of the same country, assisted by five black slaves, four of them the property of a British subject, the fifth a foreigner. is navigated according to law, and if liable to confiscation for the same?
Opinion—The case certainly admits some doubt, but when we consider the usage that has constantly prevailed, we cannot hesitate to give our opinion that this ship is not liable to confiscation. The seamen on board are stated to be all British subjects; and in respect to slaves, we conceive that so far as they are comprehended within the navigation acts at all, they must be considered as of the country of their owners, and consequently the proportion of British to foreign is greater than the law requires.
Signed
W. WYNNE,
R. P. ARDEN,
A. MACDONALD.
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Foreign News Details
Primary Location
West Indies
Event Date
July 21
Key Persons
Outcome
the ship is not liable to confiscation.
Event Details
Doubts last year on navigation of West Indies vessels by negroes led Antigua gentlemen to seek opinion of British Attorney and Solicitor General. Case: British sloop of 100 tons trading island to island, navigated by white British master, mate, and man, assisted by five black slaves (four British-owned, one foreign). Opinion: Usage prevails; all seamen British subjects; slaves considered of owners' country; proportion exceeds law requirements.