The Atlantic Monthly, Volume 08, No. 48, October, 1861 by Various
page 70 of 279 (25%)
page 70 of 279 (25%)
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& Comp'y in a private sloop of war called the Revenge, July the 20th, &
brought into this court for condemnation, I, as Captain's Quartermaster, appear in behalf of the owners, Cap't, & Comp'y, to prove that the said sloop & cargo, together with the three mulattoes & one negro, which are all slaves, belonging to some of the vassals or subjects of the King of Spain, ought to be condemned for the benefit & use of the capturers as aforesaid. I'm certain I'm undertaking a task for which I am no ways qualified. But as I have leave to speak in a court instituted by the laws of England, and before a judge who I am certain is endued with the strictest honour and justice, I don't doubt, that, if, through ignorance, I should omit any proof that would be of advantage to us, your Honour will be so good as to aid & assist me in it. It will be needless, I believe, Sir, to bring any further proof than what has been already brought & sworn to in Court to prove the right & power we had to seize this sloop & cargo on the high seas, & bring her here for condemnation. There is a late act of parliament, made in the 12th year of his present Majesty's reign, wherein it says, that all vessels belonging to His Majesty's subjects of Great Britain or Ireland, which shall have been taken by the enemy, and have been in their possession the space of 96 hours, if retaken by any private man of war, shall belong one half to the capturers, as salvage, free from all charges. As this has been fully proved in court, that the time the enemy has had her in possession is above 96 hours, I don't doubt but the one half, free of all charges, will be allotted us for salvage. The thing about which there is any dispute is the three mulattoes & one negro, all slaves, taken by the prize, & said to belong to some vassals or subjects of the King of Spain; and it is put upon us by this court to prove |
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