Reports of Prize Cases Determined in the High Court of Admiralty, Before the Lords Commissioners of Appeals in Prize Causes, And Before the Judicial Committee of the Privy Council, From 1745-1859
Reports of Prize Cases Determined in the High Court of Admiralty, Before the Lords Commissioners of Appeals in Prize Causes, And Before the Judicial Committee of the Privy Council, From 1745-1859
Great Britain. High Court of Admiralty
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A breach of native allegiance it could not be, as Mr. Eavie does not appear to be a native subject of this country. I will go further and say, that there does not appear to have been an intention on his part of violating any duties which he owed to this country. The motive was, I dare say, merely commercial, and, perhaps, within his apprehension of what was permitted to him under the terms of his grant. But I fear that this is his exposition only, and not one which the law will allow me to ente...rtain. If trade with the enemy is generally unlawful, it is not in the power of this Court to admit it, beyond the degree which is fairly described in the terms of the licence. The hardship of the case has been strongly pressed on a repre- sentation that Mr. Eavie went to Holland only for the purpose of collecting debts, and on his return from the fair at Frankfort. The Court has looked anxiously into the evidence to see on what ground such an assertion was founded ; because if it had appeared that this was a solitary instance of engaging in Dutch commerce, the Court would be induced to strain hard to escape from the necessity of pronouncing the property subject to confiscation.
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