1781.
also planned the voyage of the Eustin; and therefore, if the Eustin was engaged in an illicit commerce, the presumption is, that the Resolution was also employed in such commerce.”
We have already observed, that the Resolution could not possibly be engaged in the illicit commerce, with which the Eustin is charged; but if Morson and Mason planned both voyages, Morson knew the plan on which the Resolution was chartered, and he has proved it, on oath, to be a fair one, and in perfect conformity to the articles of capitulation.
“But Mason, in his letter from Ostend, August 1781, found on board the Eustin, writes to Moreson, that he has nearly accomplished the plan, which he informed him of in his letter dated October 1780, from Rotterdam, and it is contended, that this letter proves, that a plan is established at Ostend, to centre there the whole Dominica trade, and to furnish British goods for Dominica, through that channel.” Admit the facts to be so; how does it affect the Resolution and her cargo? The rupture with Holland had taken place, and the Resolution was captured, and brought into port, several months before the plan was accomplished at Ostend and, consequently, whatever illicit practice that plan points at, cannot apply to the Resolution. But it is said, that the plan established at Ostend, was the plan, which was concerted at London, and established at Amsterdam, and Rotterdam, and shifted from those cities to Ostend, on account of the rupture with Holland. If the plan, now established at Ostend, is nothing more than the plan adopted at London, with regard to the Resolution: Then it is a fair one; for Morson has told us, what the plan was, and he has declared it on oath. But we are of opinion, that the system, now established at Ostend, is nothing more than the plan adopted at London, with regard to the Resolution, then it is a fair one; for Morson has told us, what the plan was, and he has declared it on oath. But we are of opinion, that the system, now established at Ostend, is a new one, and that it is not a former plan, shifted from Holland to England, on account of the rupture. It originated indeed before the rupture, and might have taken place in Holland, had it been completed before that event. It is of such at nature as requires Morson to take his residence at Ostend. It occasioned a change, in his commercial connection at London, and a dissolution of the partnership, in which he was there engaged. The cargoes shipped from Dominica, tho’ consigned to Liber, Baas, Derd & Co. were nevertheless to be disposed of, under his superintendancy. It was upon this plan, whatever it was, that the Eustin sailed; she may be affected by it, but the Resolution never can. We have said, the whole cargo of the Resolution is disproved to be the property of Mason; except such parts of it as were shipt by Morson & Co. and therefore if Mason had any property at all on board, it must be in such part of the cargo.
We
