Page:United States Reports, Volume 2.djvu/19

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is contended, that this cargo is not within the protection of the articles of capitulation; that is, that the voyage was calculated for Great Britain, and not for Amsterdam in Holland, and therefore in breach and out of the protection of the capitulation. This argument is grounded upon several circumstances and upon evidence, that point at some latent object, but do not speak decisively upon it: They prove a secrecy and concealment, with regard to the voyage to Dominica, and the taking a cargo there; but all these circumstances are easily explained, without adopting the idea that the voyage was intended for Great Britain. What is suggested in Capt. Waterburgh’s letter, was a mere precautionary measure to avoid British cruizers, [sic] that perpetually harrassed [sic] the Dutch trade, by capturing their vessels. In the same letter he mentions the capture of a Holland ship which had been carried into St. Kitts and released; the letter is dated Eustatia; and the manœuvres he mentioned were to secure the voyage to Dominica.

The voyage from Dominica to Amsterdam, we have no doubt, was planned in London, between the capitulants there, owning estates in Dominica, and Daniel Heshuysen, agent for Brantlight & Son. The letter addressed to Moreson, at Dominica, was dated at Amsterdam, tho’ wrote in London, because Brantlight & Son lived at Amsterdam, and because the cargo was to be consigned to them at Amsterdam, and it was dated the day of the date of his own letter, which inclosed [sic] it, because it was then wrote. As for the secrecy enjoined in Brantlight & Son’s letter to Captain Waterburgh while at Eustatia, with regard to the voyage to Dominica and the taking a cargo there, we cannot think they had any other motive for it than such as often influences merchants in the conduct of a fair trade, to keep to themselves their commercial plans. But what force can these circumstances have when opposed by the positive evidence that is produced? The Bill of Lading and a variety of letters from the shippers and attornies [sic] for the owners in London, some addressed to Brantlight & Son, and others to the owners, prove that the voyage was for Amsterdam; all the ship papers also prove it. But the depositions of Waterburgh and Moreson, to whom the ship was consigned, and by whom the ship was loaded, are conclusive: They, upon clearing out of the ship, swear expressly that she was destined for Amsterdam.

We are now come to the last ground, which has been taken to prove the cargo not to be protected by the articles of capitulation, which is: That the property of the cargo on board, was the property of British subjects, not residents or owning estates in Dominica. But what is the evidence produced to prove this? It is a letter from Moreson to Brantlight & Son, in which he mentions the alarm occasioned by the rupture between Great Britain and the States General, and the fears and Rh