HISTORY OF! EUROPE. 
Europe. It is not my business to 
say, what is universally the test of 
a bona fide importation. [tis argued, 
that it would not be sufficient, ‘that 
the duties should be paid, and that 
the cargo should be landed. If 
these criteria are not to be resorted 
to, I should be at a loss to know 
what should be the test; and I am 
strongly disposed to hold, that it 
would be sufficient, that the goods 
should be landed and the duties 
paid.” * From this guarded opinion 
of sir William Scott, -with the com- 
mentary furnished by lord Hawkes- 
bury, it came to be universally un- 
derstvod in America, that the mere 
act of landing the goods, and ‘* pay- 
ing the duties in the neutral country, 
was suflicient to break the con- 
tinuity of the voyage; and leval. 
ize the trade” in the eyes of our 
court of admiralty. And’ it must 
be confessed, that this. conclusion 
was fully warranted by the words 
of lord Hawkesbury’s communica. 
tion, which the American govern. 
ment was bound to consider as an 
official expression ‘of the deliberate 
determination of our government on 
this important question. The opinion 
of sir William Scott, it is true was 
somewhat different, for that-learned 
jadge held, not that landing the 
goods and paying the duties render- 
ed the importation a bona fide im- 
portation, but that these criteria 
were the best evidence of a bona fide 
importation. 
tant the consequences to which this 
distinction afterwards Jed, as no 
allusion was made to it in lord 
awkesbury’s official paper, ‘nor 
any effect given to it by our prize 
courts, the American government 
* Robinson’s Reports, vol. 2, p- 368.: 
But however impor. : 
247 
was not entitled to bring it into dis. 
cussion, or demand to what extent 
it was meant to be carried. Soon 
after this correspondence the peace 
of Amiens put an end for a short 
time to all questions of this nature. 
When hostilities recommenced be- 
tween France and England, the 
merchants of America, recollecting 
the footing on which this trade had 
been placed at the conclusion of the 
former war, embarked in it without 
apprehension as a commerce’ per-' 
fectly lawful; and carried it on to 
an immense extent, and without 
interruption till summer 1805, when 
a new ground of decision was adopt- 
ed by our admiralty courts, which, 
suddenly and without the smallest 
warning, exposed the whole of 
their trade to seizure and condem- 
nation. It was now decided, that 
the proof of payment of duties in, 
America was no evidence of a bona 
Jide importation into that country ; + 
because payment of duties in 
America does not mean that the 
duties have been actually paid in 
money, but that they have been 
secured by bonds: and from the 
peculiar system of revenue laws 
established in the United States, the 
merchant, who re-exports goods 
previously imported, gets a profit 
by his transactions with the custom- 
house, instead of suffering any loss 
or deduction from his gains. The 
importer, where the duties are as- 
certained, gives bonds for the 
amount; but if, next day, he should, 
enter the goods for exportation 
again, he is entitled to debentures 
from the custom-house, payable on 
the same days with the bonds, and 
made out for the same sams, with 
+ This point was first decided in the case of the Essex, May 18053 and after 
an elaborate discussion, the same decision was pronounced in the ease of the 
William, March 1806. 
R 4 
a deduction 
