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Norfolk Gazette And Publick Ledger
Norfolk, Virginia
What is this article about?
Extract from London letter details British judge's ruling in detained American ship case, citing Essex, Orne precedent: mere transshipment insufficient without proof of sale or intent to end voyage in America. Ship John Bulkley case undecided on Sept 19, 1805, for reconsideration.
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Extract of a letter from a gentleman in London, to his correspondent in this city, dated September 12, 1805.
"In an American detained case, argued this morning, the judge held, That the principle laid down in the decision of the lords of appeal, in the case of the Essex, Orne, was the principle by which he should be governed. That when the mere landing of the cargo took place for the purpose of prosecuting the continuity of an intended voyage from the colonies to the mother country, it would not be admitted under the relaxation of the law of nations: but that there must be shewn a clear and decisive intention to end the voyage in America; and that the event of cargoes coming forward in the same conveyance, as they were originally imported in, there must be positive proof of an actual sale or change of property: or that sales could not be effected, and therefore it was obliged to be shipped for a market. The time required must be more between the landing and re-shipment, than a mere landing only for the purpose of reshipping."
The case of the ship John Bulkley, of this port, was not decided on, on the 19th of September. Being considered as of great importance, it was determined to give it a reconsideration.
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Foreign News Details
Primary Location
London
Event Date
September 12, 1805
Outcome
ruling requires clear intent to end voyage in america, proof of sale or market necessity, and sufficient time between landing and reshipment for detained ships; john bulkley case pending reconsideration
Event Details
In a detained American ship case argued on September 12, 1805, the judge followed the Essex, Orne precedent, ruling that mere landing for transshipment to the mother country does not qualify under law of nations relaxation; must show decisive intent to end voyage in America, positive proof of property change or failed sales necessitating reshipment, and more than minimal time between landing and reshipment. The ship John Bulkley case, undecided on September 19, awaits reconsideration due to importance.