"La Virginie"-Coigneau.
IN THE HIGH COURT OF ADMIRALTY
Original Eng. Rep. version,
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Original Citation: (1804) 5 C Rob 98
English Reports Citation: 165 E.R. 711
Feb. 7, 1804.
Observations cited, Udny v. Udny, 1869, L R. 1 Sc. & Div. 451;
Tingley v. Mller [1917] 2 Ch. 174
" la virginie "-(Coigneau). Feb. 7, 1804.-National character
of a native Frenchman, an asserted American subject, but personally present in
St Domingo, shipping goods for France, and described in the evidence as a
French merchant. The native character held to be revested.
[Observations cited, Udny v. Udny, 1869, L R. 1 Sc. & Div. 451 ; Tmgley v. Muller [1917] 2 Ch. 174
]
This was a question on the national character of the claimant Mr.
Lapierre, claiming property shipped by him in St. Domingo for Bourdeaux. The
affidavit of claim stated him to be an American subject , and in his
attestation, which was exhibited in further proof, it appeared that he had
sailed from New York to St. Domingo in September 1802.
In support of the claim it was argued-That he was to be taken as a
person domiciled in America, [99] though absent on temporary business in the
colony of the enemy at the time of the shipment ; that it did not appear how
soon he had again returned to America, further than that he was there in August
1803, when the attestation was made
On the other side, it was said-That his name implied him to have been a
native of France, and that his return to America, after hostilities, would not
operate to protect this property, shipped by him as a person resident in St Domingo
Judgment-Kir W. Scott ˜ I should entertain no doubt in this case, if it
appeared that Mr. Lapierre was originally a native of France, because it is
always to be rememÁbered, that the native character easily reverts, and that it
requires fewer circumstances to constitute donucil in the case of a native
subject, than to impress the national character on one who is originally of
another country. If it could be inferred that he lad been originally a French
merchant, and was at the time of shipment resident in St Donungo, and shipping
property to Old France, I should have no hesitation in considering him as a
Frenchman. Had the shipment been made for America,
(a) " Santa Bona Ventura" Rosin on board a Portuguese ship to
Nantes, restored to the owner of the ship. Dec. 12th, 1747.
712 the "anne" sc.rob.ioo.
his asserted place of abode, it might have been a circumstance to be set
in opposition to his prtsent residence, and might afiord a presumption that he
was in St. Domingo only for temporary purposes. But this is a shipment to
France, from a French colony, and if the person is to be taken as a native of
France, the presumption would be that he had returned to his native character
of a French merchant. Then a,s to the point, [100] on which I say the only doubt
remains, the depositions of the master may, I think, be taken to supply that
deficiency. He says, " that he received the cargo from French merchants,
and that it was the property of the laders and other French subjects "
This representation does very much fortify the presumption, that Mr, Lapierre
was considered by the master as a Frenchman, and that he was resident at Saint
Domingo on the ordinary footing of other French merchants. On this victv of the
case, I shall pronounce his claim subject to condemnation.