To James Madison from Thomas Auldjo, 22 September 1805 (Abstract)
From Thomas Auldjo, 22 September 1805 (Abstract)
§ From Thomas Auldjo. 22 September 1805, Cowes. “I had the honor to write you 27th July last—since which time affairs have materially changed for the Worse in regard to the navigation in these parts of the Ships of the United States which are now detained & brought into port in considerable numbers. On the 23d. of July the Judge of the Admiralty passed Sentence on the Enoch—Capt Doen of which inclosed is copy1 & since that time no less than 7 Ships have been brought into the ports of my district of which I have sent regular accounts to the Minister in London thro’ the Consul at his desire. Of these ships 2 were immediately released on examination of the papers, 1 vizt the Eagle Capt Terry2 from Boston to Cherburgh3 with West India produce, has had Sentence passed on her this last week as on the other side & the other 4 remain under prosecution. Our harvest is nearly over & the Crops are estimated to be good—no new wheat at market—prices cannot be ascertained at present.”4
Adds in a postscript:
Eagle—Terry—New York to Cherburgh
133 hogsheads Sugar & 20 Bales Cotton Condemned with some trifling things besides Ship & remainder of the Cargo—restored.
RC, two copies, and enclosure (DNA: RG 59, CD, Southampton, vol. 1). First RC 2 pp.; in a clerk’s hand, signed by Auldjo. Second RC in a clerk’s hand, signed by Auldjo; marked “Copy”; enclosed in Auldjo to JM, 11 Oct. 1805. Minor differences between the copies have not been noted. For enclosure, see n. 1.
1. For the Enoch, see George Joy to JM, 26 July 1805, and n. 3. The enclosure (2 pp.; docketed as enclosed in Auldjo’s 22 Sept. 1805 dispatch; printed in the New-York Evening Post, 16 Sept. 1805) is a copy of the 23 July Admiralty Court decision of Sir William Scott that unloading the cargo and paying duty did not signify the end of a voyage, and it must be proved that the original intent was for a ship to go to its own, neutral, country. If it appeared that a ship had merely touched at the neutral country and then pursued its voyage, the trip must be treated as a continuous voyage from the enemy colony to the enemy mother country. Scott added that there was proof that the Enoch intended to go from Martinique to Antwerp as was planned in a charter party before the ship left Boston. However, he ordered that the part of the cargo originally loaded at Boston be restored.
2. The section from “1” to “Terry” is in Auldjo’s hand.
3. Here and in the postscript of the first RC, the clerk wrote “Amsterdam,” then wrote “Cherburgh” over it.
4. This sentence is omitted from the second RC.