Page:United States Reports, Volume 2.djvu/20

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apprehensions the merchants and shippers were under, relative to putting property on board a Holland vessel; he afterwards mentions the arrival of the kings proclamation, protecting Holland vessels from capture, and says “even then no one but Mr. Kender Mason and myself would put a hogshead on board your ship, as the king’s proclamation laid so much blame on your city; but we have agreed, &c.” and then says they have agreed to ship, and assigns the reasons.

The fact does not appear, that Kender Mason had any property at all in Dominica, nor that he had any attorney or agent; it appears he lived in London, and was a correspondent of Moreson’s House in Dominica. It appears Daniel HesuysenHeshuysen [sic], as agent for Brantlight & Son, obtained a letter from this Kender Mason addressed to Moreson, which he enclosed to Captain Warburgh at St. Eustatia, and in consequence of which Captain Waterburgh was ordered to Dominica. This letter was probably delivered by Waterburgh, as it is not to be found among the ship’s papers. We have no evidence of the contents of this letter, but it appears to us, to have been a letter recommending Brantlight & Son to Moreson’s House. The plan of the voyage being settled in London, it was natural to obtain letters of introduction from thence.

But Moreson’s letter, it is objected, speaks expressly of Kender Mason having shipped property on board, and there is no proof, that he is a British capitulant, and therefore, here was property on Board belonging to a British subject, who was neither a resident in Dominica, not an owner of estate there, and, consequently, it was British property not protected by the capitulation.

Moreson’s letter, if good evidence, to prove the fact with regard to Kender Mason, must be taken as good evidence to prove every fact stated in it; for it must be taken altogether and admitted, or rejected in toto.

He says then, “No one but Kender Mason and myself, would put a hogshead on board, &c.” Moreson then, as well as Kender Mason, had property on board. Moreson also mentions in his letter, that afterwards there was an agreement to ship generally, and assigns the reasons. The shippers must be other persons besides Mason and Moreson: So that even upon the evidence of Moreson’s letter, Kender Mason could have but a part of the cargo, the quantum of which is not at all ascertained.

But we are inclined to think, that this letter of Moreson’s, with regard to Kender Mason shipping property on board, is a mistake. Kender Mason was certainly not at Dominica, and yet the letter conveys that idea: “A general panic had seized the merchants, they would not ship until the arrival of the King’s Proclamation, and even then Kender Mason and myself were the only persons who would ship a hogshead.” The person Moreson meant