William Johnson

“ There is no evidence in the case which can induce a belief that it belonged to any one but Inerarity. Not so with the cotton; except in his own oath, and in the invoice, he is no where recognised, among the acting parties, as owner of this cargo. The evidence of an invoice on such a subject is literally reduced to nothing in the prize courts ”

“ It is to be remarked that on some points this letter of the 22d of December, in which alone Platzman & Gosler appear in a tangible form, is explicit and positive. On others, it yields unbounded discretion to A. Glennie & Co. to instruct Simpson & Co., to whom it is directed, in his conduct in that agency. With regard to two things, it yields no discretion. First, as to the article which is to be purchased, which is expressly limited to cotton. Secondly, as to the homeward destination of the ship and cargo, which is exclusively to Gottenburgh. ”

“ Another circumstance, attaching no small suspicion to this claim, is the connexion which the evidence makes out between the shipment by Milne and one Ralston, who appears on the stage about the time when the vessel first sailed. We do not mean here to attach any importance to the evidence of Dayton. It was utterly disregarded in the court below, and meets with the same fate here. We do not consider it at all necessary to the case. ”

“ The belligerant must be fatuous who could be duped by it. And, unfortunately for the claimants, the letters, on the face of them, contain evidence to prove for whom they were really intended. Strike out the names of Platzman & Gosler, and insert that of A. Glennie & Co., and they will be found to be written with a view to satisfy several passages in his general letter of instructions, of the 2d of February, from A. Glennie & Co. ”

“ In a letter to a man, to whom such facts must have been wholly indifferent, it brings together, into one view, a number of facts to which the English merchants (at least) know that courts of admiralty are in the habit of attaching importance in deciding on questions of fraud or belligerant rights; as, for instance, to show that the ship had been previously engaged in neutral trade, they say, 'After the discharge of a cargo of Russian produce at this port.' And that it may appear that this adventure had not recently originated, they say, 'Our friends, Messrs. ”

“ It will also be recollected, that in the letters from A. Glennie & Co. of the 2d of February, Smith is expressly instructed to communicate all necessary information, so as to govern them in making insurance; and yet in thesel etters to Platzman & Gosler he affectedly observes, that he sends them open to A. Glennie & Co., in order to direct their conduct in case Platzman & Gosler should have instructed them to make insurance. ”

“ La French, the master, is a native Dane, a naturalized American citizen, a Russian subject, and, finally, domiciled and his family residing in Great Britain, but (as he declares himself) having no particular residence. ”

“ But it is contended that, by this expression; we are to understand Inerarity himself; that he was the neutral Spaniard spoken of as the shipper in Smith's letters to Platzman & Gosler, and as no other shipper appears in the case but Inerarity's friend, and Inerarity himself, they must mean the same person. This idea is ingeniously taken up from an expression in Smith's answer of the 12th October, to Inerarity's letter of the 6th, relative to the damage done to the cotton by water. In which letter Smith says, 'As a shipper on board the St. ”