The Providence Journal, And Town And Country Advertiser

Commercially Important.
NASSAU (N. P.) August 13.
COURT OF VICE ADMIRALTY
Lorinc, qui tam, vs. the ship Rebecca and CARGO.
The Rebecca was an American vessel, and sailed from Rhode-Island, cleared out for Havana, with a small quantity of provisions and dry goods, touched at Turks-Island, discharged her provisions, took in salt, and departed from thence for Havanna; but was intercepted by the libellant, sent into this port, and prosecuted for a breach of the laws of trade, under the statute 28 Geo. III. cap. 6, which provides that American vessels may enter the port of Turks-Island in ballast, and lade salt.
The information contained three counts, one for entering the port otherwise than in ballast; one for importing therein European and Asiatic goods: and one for Entering otherwise than in ballast. and lading salt.
The claimant set forth in his answer. that upon his arrival at Turks-Island, he immediately waited upon the King's agent and the officers of the customs, to whom he stated the nature of the voyage, and cargo. After a full knowledge thereof, they admitted the ship to an entry, upon reporting all that part of the cargo.not admissible under the proclamation of his Excellency the Governor of this island, for exportation; the legality of which procedure was not doubted, either by the claimant, or the officers of his Majesty's customs. That agreeable to the entry, the provisions only were landed, and 5000 bushels of salt were laded, with which, and the remaining part of his outward cargo, he sailed from thence for the Havanna ; in all which he was fully authorized by the king's agent and the officers of the customs, as appeared by their permits and clearances regularly obtained, annexed to his claim; and that he neither intended nor committed any act or fraud against the laws of trade.
Upon the trial, the honesty of the claimant's intentions and actions was admitted, as well as the legality of the governor's proclamation. But condemnation of the, vessel was urged upon the grounds, that by the very act of entering the port otherwise than in ballast, or exclusively laden with provisions, she became forfeited, and that the sanction of the officers of the customs, being against law, availed nothing.
These doctrines were opposed on the part of the claimant, who contended that the vessel, by having provisions on board, rightly entered the port under the proclamation, which virtually became the rule of law, instead of the act of Parliament : that no European or Asiatic goods were entered or landed, consequently there could not be an importation in such way as to attach a forfeiture; that admitting (which he denied to be fact) the strict letter of the law had been infringed by the ignorance of the officers of the customs, the honesty of the claimant's actions and intentions, throughout the business, ought to protect his property; and urged the equitable principles laid down by Sir James Marriott, in the case of the ship Columbus, to the consideration of the Judge.
The Judge, by his decree, condemned the vessel and cargo; and in giving his reasons therefor, said, that however desirous he might be to give the relief prayed for by the claimant, had the limits prescribed to him, and construe equitably the express and penal provisions of acts of Parliament : that the Rebecca, by entering the port of Turks-Island with European goods on board, had infringed the laws of trade, and had thereby become forfeited, together with her lading of salt, and illicit goods.
Extract of a letter from Capt. Metcalf Butler, master of the ship Rebecca, to his owner in this town, dated New-Providence, August 14, 1799.
SIR,
I EMBRACE the earliest opportunity to inform you of the unhappy fate of your ship Rebecca : She is condemned, both ship and cargo. The judge condemned her upon a point of law : to use his own words, i acts of parliament are sacred things : and the act declares that no vessel of the United States shall enter the port of Turk's-Island, but in ballast only, to load with salt. "...
The king's attorney declared that—no special permission of his majesty's agent or officers of the customs, not even the governor's proclamation, could protect any American vessel entering Turk's-Island, otherwise than in ballast, from being seized by his majesty's ships of war, and that they would be good prize when brought in. The condemnation of the Rebecca is universally disapproved of here, being against every principle of equity and justice.
The sentiments of the people here will, however, not do much towards making you satisfaction or the property you have been thus plundered of. The attorney-general declared that equity and justice ought to be turned out of doors, to admit law. The Rebecca was condemned eight days since, and immediately after condemnation, I was, with my officers and people, turned out of her in the most rude, indecent and inhuman manner, by the ad lieutenant of the ship which took us; and we were obliged to flee on board the other vessels in the harbour that were not condemned, without money or provisions, and scarcely allowed time to save our cloaths. But three days after, I was sent for by the attorney-general, who disapproved of the conduct of the officer and procured an order from the court to restore me my property together with that of the mates and people. It was generally believed that the ship could not be condemned, as there was not a single circumstance against her, excepting her having on board a few articles contraband of trade, which you well know were intended for the Havanna, and were entered at Turk's-Island for exportation to the Havanna, and there was nothing landed at Turk's-Island without a special permit, and nothing landed that was contraband to the amount of six-pence. I have, since condemnation, received every assurance, even from the. king's attorney and agent, that if I entered an appeal, the property will be restored, and which is my sincere belief; but God only knows when—you must lay out of your property many years.
I have noted an appeal, and have done every thing in my power for your interest. I must do Mr. Armstrong the justice to say. I believe he has done every thing in the power of man to do for the defence of your property. The charges, fees, &e. are thrown by the court on the claimant, with double cost. I have not been able as yet to obtain my papers. I forwarded you the protest some time since, via New- York, and should have returned home by this opportunity. but shall wait for my papers. Some of the people have been sick, and some of our countrymen, in consequence of their misfortunes and anxiety of mind, have paid their last debt here. I have had a touch of the fever myself, but am at present very well, and very anxious to return home.
to our treaty, it is violated almost every day ; you will see by papers the numerous condemnations of American vessels, for having a small quantity of articles on board, contraband of Capt: Brown, in a brig belonging to Col. Cooke. is likewise condemned, vessel and cargo. American property here is in a state of requisition, and condemnation is really the order of the day
The preceding letter appeared in our last, and is now re-inserted by particular request, with the trial of the ship Rebecca.