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Alexandria, Virginia
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The Salem ship Essex faced condemnation after its Barcelona cargo, meant for Calcutta, was returned to America due to procurement issues, then re-shipped to Havana. Captured and condemned in New Providence, the 1805 London appeal affirmed the ruling, alarming American merchants over trade practices.
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"SIR--I am sorry to inform you that on a hearing of the case of the Essex this day, the lords of appeal affirmed the sentence of condemnation pronounced by the vice admiralty court. The court was not satisfied that it was not your intention, at the commencement of the voyage to send the vessels to Havanna with Spanish produce."
The case of the Essex was as follows: She had taken in a cargo at Barcelona, 3 or 4 years since, under orders to proceed from thence to Calcutta; but owing to the impossibility of procuring there the specie necessary for the fulfilment of the object, the master ventured to return to America, and the cargo was landed in Salem; but it was afterwards under the idea of its being completely neutralized, re-shipped, and the vessel sailed with it for Havanna. On this 2d voyage, the Essex was taken and sent into N. Providence where vessel and cargo were condemned. The decree however was provisionally reversed in England, requiring in the mean time the owner to produce proofs that the cargo was not originally intended for the Havanna. Documents were therefore forwarded, supposed fully to establish this proof; and among them the letters of the captain, stating his difficulties, and the necessity of going counter to his orders by returning to America, instead of proceeding to Calcutta. Notwithstanding this, we see the lords of appeals have affirmed the sentence of condemnation in the V. A. court. What makes this decision the more important and alarming, is the principle constantly acted upon our merchants, that property imported into America, and landed, might afterwards be legitimately exported to the dominions of the same power from whom they were originally brought: and in this predicament we presume is now a vast amount of American capital; which, upon the principle adopted by the lords of appeal, is in danger of sharing the same fate with the Essex.
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Location
Barcelona, Salem, Havana, New Providence, London
Event Date
3 Or 4 Years Before June 22 1805
Story Details
Ship Essex loaded cargo in Barcelona for Calcutta but returned to Salem due to lack of specie; cargo re-shipped to Havana, captured, condemned in New Providence; London appeal affirmed condemnation despite proofs of original intent.