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Updated: May 10, 2025
He objected to Landgrave Morton, because he had accepted a commission from King William to be judge of the court of vice-admiralty, while, at the same time, he held one of the Proprietors to the same office: this Moore and his friends declared to be a breach of the trust reposed in him; and that he might with equal propriety have accepted of a commission from King William to be governor; while he held that office of the Proprietors.
Landgrave Morton replied, that there was a necessity for holding a commission from the king to be judge of the court of vice-admiralty, because it did not appear from the charter that the Proprietors could impower their judge to try persons for acts committed without the bounds of their colony, and that with such jurisdiction the judge of the admiralty ought for many reasons always to be vested.
His Imperial Majesty, having by decree of the 11th of December, 1822 commanded the seizure and confiscation of all merchandise in the custom-houses of Brazil belonging to Portuguese subjects all merchandise so belonging, or the proceeds thereof, in the hands of merchants and all vessels or parts of vessels belonging to such subjects I, therefore, in conformity with the said decree, having, on the occasion of the capitulation of Maranham, directed, that all persons having property in their hands of the nature set forth in the said decree, should deliver in an account of the same; and the bills and papers herewith annexed having been given up by their respective holders as Portuguese property of the description set forth, the said bills and papers are now laid before the Court of Vice-Admiralty, in order to the adjudication thereof in conformity to the said decree.
John Marshall, then Secretary of State, summed up existing complaints of commercial injury under three heads, definitions of contraband, methods of blockade, and the unjust decisions of Vice-Admiralty Courts; coupled with the absence of penalty to cruisers making unwarranted captures, which emboldened them to seize on any ground, because certain to escape punishment.
Mr. Sheridan, I remember, was just then furnishing a new house, and talked of a plan he had of levying contributions on his friends for a library. Vincent, about this time, made an offer to his son, Mr. Thomas Sheridan, of the place of Registrar of the Vice-Admiralty Court of Malta, an office which, during a period of war, is supposed to be of considerable emolument.
No less than thirty-one articles of complaint against him were presented to the assembly, setting forth, among other things, "That he had been guilty of many partial judgments; that he had contrived many ways to multiply and increase his fees, to the great grievance of the subject, and contrary to acts of assembly; that he had contrived a fee for continuing causes from one term to another, and put off the hearing of them for years; that he took upon him to give advice in causes depending in his courts, and did not only act as counsellor in that particular, but also had drawn deeds between party and party, some of which had been contested before him as Chief Justice, and in determining of which he had shewn great partialities; with many more particulars; and, lastly, complaining, that the whole judicial power of the province was lodged in his hands alone, of which it was evident he had made a very ill use, he being at the same time sole judge of the courts of Common Pleas, King's Bench, and Vice-Admiralty; so that no prohibition could be lodged against the proceedings of the court, he being obliged, in such a case, to grant a prohibition against himself; he was also, at the same time, a member of the council, and of consequence a judge of the Court of Chancery."
But he brought Captain Paul before the vice-admiralty court of that place, charging him with gross cruelty, and this proceeding had delayed the brigantine six months from her homeward voyage, to the great loss of her owners. And tho' at length the captain was handsomely acquitted, his character suffered unjustly, for there lacked not those who put their own interpretation upon the affair.
If the cause be adjudged in the Vice-Admiralty Court, it is usual, on entering the appeal there, to procure a copy of the proceedings, which the appellant sends over to his correspondent in, England, who carries it to a proctor, and the same steps are taken to procure and send the inhibition as when the cause has been adjudged in the High Court of Admiralty.
The penalties and forfeitures, too, accruing under the act, as if the usual tribunals could not be trusted, were made recoverable in any court of vice-admiralty in the colonies. It will be readily conceived how odious a law, made to effect an odious object, must have been rendered by such provisions as these.
It was further represented that the offices of Judge of the Vice-Admiralty and Judge of the Court of King's Bench were incompatible, and that the offices of Judge of the King's Bench and of French Translator to the Court could not be held by the same person.
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