Sophia Elizabeth, Prott, Master
| Jurisdiction | UK Non-devolved |
| Judgment Date | 30 June 1809 |
| Date | 30 June 1809 |
| Court | Privy Council |
English Reports Citation: 12 E.R. 18
Privy Council
See Roberts on Admiralty and Prize (New York, 1869), pp. 520, 521. As to construction of relaxations of blockades, The Phoenix, 1854, 1 Spinks Eccl. and Ad. 306, 310, Spinks Prize Cases, 1, 6; and The Pedro, 1899, 175, U.S. 363; The Buena Ventura, 1899, ib. 384. Reference may also be made by way of comparison to Balston v. Bird, 1828, 1 Knapp, 121, a case of trading under a licence from the East India Company.
SOPHIA ELIZABETH, pbott, Master [June 30, 1809]. Condemnation for a breach of blockade of the rivers Elbe and Weser.-Relaxation of blockade made in favour of the Hanse Towns by the British Government in 1806, not sufficient to sanction a foreign trade to the ports of the enemy. This was a leading case of appeals from the sentence of the High Court of Admiralty, condemning the Sophia Elizabeth, and two other vessels similarly circumstanced, for a breach of the blockade of the rivers Elbe and Weser. In the High Court of Admiralty a claim was made for the cargo, as the property of F. W. Schultz and others, burghers and merchants of the imperial city of Bremen. The cause came on for hearing, and the Judge directed it to stand over, in order to enable the parties to obtain information with respect to any permission., from his Majesty's Government, for the transportation of goods in small vessels between Bremen and Tonningen during the blockade of the Elbe and Weser; and finally condemned the cargo, as prize to the captors. Jenner and Stephen for the Captors.-The arguments which may be made use of on this occasion are applicable to three other cases of appeal now on your Lordships' list under similar circumstances [see inf. 1 Acton, 56]; and the decision in this case will necessarily involve the fate of the cargoes of the other two vessels, which have also been claimed as the property of neutral merchants. The first and most material question for decision is, whether the voyage which this vessel had [47] undertaken was a breach of the blockade of the river Weser. By an order of council on the 16th April 1806, the rivers Ems, Weser, and Elbe were declared to be blockaded, and notice generally given of this circumstance. Immediately afterwards, application was made to the British government for a relaxation of the blockade, so as to allow the inhabitants of the Hanse Towns to carry on their trade by a navigation in small vessels over the Watten or Flats, in the same manner as had been permitted in the former blockade. This permission was granted, as appears by the letter of Mr. Thornton, dated May 20th, 1806, particularizing the free passage 18 SOPHIA ELIZABETH (THE) [1809] I ACTON, 48 of the Watten, between the Eyder, Elbe, Weser, and Jahde, to be permitted, in the same manner as had been before granted to lighters and small vessels. The reason assigned by the petitioners for this permission, was its necessity in order to prevent the remaining trade of the city of Bremen being transferred to Embden, a,nd the terms on which the grant had been made in the former instance, in 1804, were, that the permission should not be abused, or any advantage taken so as to compel his Majesty to revert to all the strictness of the blockade. The same reason existed for this requisition in 1806 ; and if not actually expressed, it was perfectly well understood, that on such, terms alone the permission would have been granted. On the 16th of May another Order of Council was issued, declaring the ports from the Elbe to Brest harbour in a state of blockade. By this order no vessels were permitted to clear out from any of these ports, except those neutrals not laden in any of the ports of the enemy, or destined thereto, and whose cargoes neither consisted of enemy's property, or contraband of war. Of the nature of this order the [48] inhabitants of Bremen, were perfectly aware, as in the correspondence annexed, a letter from one of the parties, dated the 31st of May, proves. Notwithstanding which, the claimants, on the 5th of July, entered into a charter party to freight the vessel with goods for Algesiras in Spain. The claimants, despairing of being able to procure a free passage for the vessel, with her cargo on board, out of...
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