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convoy of the British frigate Ister, with which she The Amiable parted company on the 1st of December, the frigate
having gone in chace of an American privateer; and on the 3d of December, was captured by the privateer Roger, and carried into Wilmington, North Carolina, for adjudication. The ship and cargo were condemned as prize of war in the District Court of North Carolina, and the sentence was, after the admission of farther proof in the Circuit Court, affirmed by that Court. An appeal was then allowed to this Court, with permission to introduce new prouf here, if this Court should choose to receive it.
The original evidence consisted of the papers found on board the captured vessel, and delivered up to the captors, by the master, at the time of the capture; and of certain other documents afterwards found concealed on board, or in the possession of Rahlives, the supercargo, or of one Masuco, alias Burr, a passenger on board the Isabella. Some of the ship's papers were mutilated, and attempted to be destroyed, and others were thrown overboard, and spoliated.
The paper of which the following is a translation, was the only one delivered up by the master, at the time of the capture : “Don Jose Sedano, Administrator General of the Royal Revenues of this port of Havana, in the island of Cuba, &c. certify that by authority and knowledge of the General Administrator of the Revenues under my charge, permission has been given to ship in the Spanish ship called the Isabel, Captain Don Francisco Cacho, with destination for Hamburg, viz. :
Don Alonzo Benigno Munos, registered on the day of this date, The Amiable six hundred and seventy-six boxes
brown sugar, two hundred and M 1 a 676 twenty-eight boxes white ditto, M + 201 a 228 and two hundred quintals dyela 40
wood, which he has shipped on
may so appear, I sign the present.
SEDANO.” Havana, 10th Nov. 1814.
Among the papers found on board, and brought into the Registry, with an explanation of the circumstances under which they were discovered, were,
(1.) A passport or license granted by the Governor and Captain General of the island of Cuba, of which the following is a translation:
PROVINCE OF THE HAVANA.
Don Juan Ruiz de Apodaca y Eliza, President, Governor, Captain General of the place of Havana, and island of Cuba, Commandant General of the Naval Forces of the Apostedero, &c. &c.
For want of royal passports, I despatch this document in favour of Captain Don Francisco Cacho, inhabitant of the city of Havana, that with his Spa
nish merchant ship called Amable Isabel, of the burthen of 2084 tons, he may sail from this port, with cargo and register of free trade, and proceed to that of Hamburg, there to trade, and return to his port of departure, with the express condition of performing bis
voyage outward and inward, directly to the fixed places of his destination, without deviating, or touching at any port, national or foreign, in the islands or continent of the Indies, unless compelled by inevitable accident. Gratis. (Signed)
APODACA. Sebastian de la Cadena.
a The original of this passport, or license, is as follows:
PROVINCIA DE LA HABANA.
D. Juan Ruiz de Apodaca y Eliza, Presidente, Gobernador, Capitan General, de la plaza de la Habana, é Isla de Cuba, y Comandante General de Marina del Apostadero, &c. &c.
A falta de Reales Pasaportes expido este documento á favor del Capitan Do. Franc. Cacho Vecino de esta ciudad de la Habana para que con su Fragata mercantile Española nombada Amable Ysabel
de porte de 2087 toneladas, pueda salir de este Puerto, con carga y registro del libre comercio, y transferirse al de Hamburgo para comerciar en el, y restituirse al de su salida con expresà condicion, de hacer su derrota de ida y vuelta directamente à los senalados parages de su destino sin extraviarse ni hacer arribada à Puertos nacionales, é extrangeros, en islas, 6 tierra firme de Indias á menos de verse obligado de accidentes de otra suerte no remediables. Habana, diez de Novembre de mil ochocientoz catorze. Gratis. (Signed)
APODACA. SEBASTIAN DE LA CADENA.
(2.) A clearance granted by Don Pedro Acevido, captain of the port of Havana, permitting the said Cacho “to proceed with the Spanish ship La Amable Isabel, from this port to England,” with a muster roll of the officers and crew annexed. (3.) A letter of instructions from Munos, the claimant, to Cacho, of which the following is a translation:
Havana, 10th Nov. 1814. « Don Francisco Cacho.
“ Intrusted as you are with my ship La Amable Isabel, which sails bound for Hamburg, or some other port of that continent, or for those of England, I hope that you will perform your duty with the exactness you have always used, and which was my motive for making choice of you. Consequently I will omit all further advice, particularly as
as there goes in the vessel the supercargo, Don Juan Rahlives, with my full power and instructions. You will observe all his directions as if they were dictated by myself. Wishing you a prosperous voyage, &c.
Munos. (4.) Articles of agreement between Munos and the master and crew of the ship. (5.) A general procuration from Munos to one Von Harten of London, dated at Havana, May 29th, 1812, with a substitution by the latter to Rahlives the supercargo, executed at London. (6.) A letter from one 'Tieson, dated London, November 4th, 1813, to his brother F. Tieson, at Rio Janiero, introducing Rahlives,
as the conductor of certain commercial operations, which he had concerted with several friends, referring his correspondent to Rahlives himself for the details. (7.) A letter from one Rhodes, dated London, to Messrs. Glover & Co. at Rio Janeiro, introducing Rahlives, who the writer states "goes as supercargo in the ship Isis, and acts for Mr. John Goble of Havana, and Mr. Von Harten of London," &c. (8.) A letter from Hawkes & Malloret, dated Liverpool, October 28th, 1803, to Brown & Co., at Rio Janiero, introducing Rahlives as
“ particularly connected with our intimate and respectable friend Mr. George Von Harten of London, and John Gobel of Havanna, on whose behalf he will probably visit you very shortly. It is probable Mr. Rahlives may entrust to your management some transactions for account of said friends, and others, and we beg to assure you we feel convinced every satisfaction will result from such business as he may have to conduct.” (9.) The following circular :
“ Havana, Ist May, 1812. On the 15th last May, we took the liberty of addressing our friends from London, requesting their countenance to an establishment we intended to form in this city under the firm of Von Harten, Gobel & Co. We now have the satisfaction to inform you of our complete success in organizing and consolidating the same, and that we are in every respect enabled to procure to our correspondents all those advantages which may result from intelligence, activity, and the most respectable connections in this island. Political considerations, however, induce us to carry on our affairs for the future under the sole