The Wheeling repository — Wheeling, Va. [W. Va.], 1807-12-03 00:00:00, page 6

mi.stress of the ocean.—In the Reposi
tory of last week, we stated instances of
seamen being taken from American
ships of war by the French. Similar
conduct, aggravated by violence and
bloodshed, is the chief cause of com
plaint against the English. The Presi
dent's message at the opening of the
session of Congress, states that under a
new maritime law, the English sweep
our commerce from the ocean. The
late mails inform us that the French art
doing the same, in pursuance cf Na
poleon’s decree ot Nov. 1806.
It will he recollected dull this decree
prohibits nil commercial intercourse
with English ports l>v any nation what
ever, and subjects all vessels contraven
ing it to confiscation / The President
informed Congress that this decree v a
not enforced against American vessels.
1 he ground v hich the President had to
calculate upon our exemption from the
operation ol this arbi'.raw decree, was,
the opinion given lm the J/rench tr.ini
- ter of marine, that the existing stipula
tions would not he affected b\ it, and
those stipulations thems*. ives. The lat
ter arc contained in the following artic U
of the com ention between the C. States
and France:—
u Art. ix. It shall he lawful for the
Citizens of either country, to sail with
their ships and nu rchandize (c ontraband
goods always excepted) from are. port
•whatever, to any port < f the cnenn of
the other, and sail and trad. \ itn their
ships and nu rc haiuli'/e, v; ■ ii j>< riect se
curity and liberty, front the ( ountrh s,
] ovts, places of those v. ho are enemits
ct both, or of either party, without any
opposition or disturbance whatsoiy v,
and to pass not only directly from the
plact s and ports <t tie < r rnv aforc
TVientions d, to w, Utral ■ rt and places,
hut also fr tin one ] he. b- longing to an
enemy to another pi t > 1„ , .•hig to an
enemy, whether tin yin end- r the juris
diction of ilie satm pov.t r, or under se
veral ; uni .s such ports or places shall
be AC 1 l ALIA blockaded, besieged
►or in’/e&tcU.
<l And whereas it frequently happens,
that vessels sail lor a port or place be
longing to an enemy, without knowing
that the same is either besieged, block
aded, or invested, it is agreed that eve
ry vessel so circumstanced, may be tur
n a! a wav front such port or place, but
she shall not be detained, nor anv part
ol h r cargo if not contraband, be con
fiscated, unless, after notice ol such
blockade or investment, she- shall again
attempt to enter ; but shall be permit
ted to go to any other port or place she
shall think proper. Nor shall any ves
sel ol either, that mav have entered in
to such port or place before the same
was actually besieged, blockaded or in
vested by the oth r, be restrained from j
quitting such place with her cargo, nor j
ii found thus m after the reduction and j
surre nder < 1 such place, shall such ves
sel or her cargo be liabh to confiscation,
but they shall be restored to the o\\ ners
thereof.”
M Ins article is certainly in the wav of
an application of the decree to Ameri
ca! \ ■. Fhe foil wing exti
how<. ver, shew that the Kmperor Na
poleon’s “ will and pleasure” is, that the
stipulations of the treaty shall he di*re
ginulcd, and that the decree shall he ri
goromh enlor id against all nations
without e.\c\ plion.
, . .. 1
kt j "tri'.i't oI ci letter from a house" of the
lii '-t respeccabiiif. in Auivn rp, t » an
other 4 n Hordern dated Sept. 2d, S;
ret eiwd at B .rde;hix,i>y i xprt v , just
held • the Sally Barkei Windsor left
that place.
, “ V\ e understand an order has beer.
"i n out bv the * nip. roi, to capt re e
, Vi i \ vi .sal bound to or from F.n^hmd,
and ii with cargoes to be tonsidi red as
1 prize* I l..■ i am tal I
I the American commerce, and v.,t 1 v.;,
j will lead to a ruj ture between America
I and France.”
“A j entlcman who came passi nget in
1 the Sally Bark r \\ indsor, informs i. ,
j that two cares el capuirr, fAmeii.au
! rn id since and under tin d cr «. «.f the •
, 21st Nov. 0, were 1 r >n,Ju b ion
the prize court at Bordeaux, a shot;
time before he hit that ci:v; hut th
: court had reiused to yivc an opinion,
until fresh nr trm lions should be r -
cdv< d irom tin emperor. 'Fhe.se in
structions were c.iled fo*- by the couii,
arid a question demanded, whether this
decree was to be put in full J'orce against
the Americans? His answer was, that
in effect the law must operate against
them as with all other neutrals.
“ We were yesterday favoured with
the following article from asource which
may be relied on.—
“An overs were given by the emperor
to the council of prizes, on the 23d of
Sept, last, to the following questions :
“ 1* Wheth. r there should be anv ex
ception t i the decree ot Nov. 21, 1806
in favour of such nations as, by their
treaties, were allowed a free trade, or
the privii -ge of neutralizing enemy’s
properi\ ‘ Answer, That as the decree
contained no cxce; ti >ns, there should
not !»• ;tvj\ made in its application.
Whether neutral vessels, in bal
ias;, ■ md also be m ule liable to con
iis' alio.i, upon the plea of capture, or
• o» weath r, il they had entered a
d.-’u. h port / Answer, rhat it must lav
o'.a ; 1 . • further t msidcrution.
“ A h her one half of the confis
ca1 1 }><»{> rtv should, in all cases, be
i topi; ; d t -w ards indemnifying suf
■ v r rs l>y liri ish spoliations ? Idte an
sv> r via' in the affirmative.”
\ ff'Ak, November.
In our lust tvc noticed the capture
• 1 the brig Nancy, ol his port, bv a Spa
nish pi i\ .iti er, and this morning infor
m ition reac hed us ol the capture of the
- h r h. p rim -nt, capt Dickson, Irum
th - port for j tmaica, by a French pri
vate r. i ■ Ex x vim lit was ladenwith
a cargo of i EOl’U only.”
According to die treaty with France,
it is lawful f >r us to trade with English
ports. Accortli 5 to Napoleon’s decree.,
vessels engaged in his “lawful” com
m rce snail he confiscated / Will the
American gm-ram nt submit to this
palpable hr ach of treaty—this unjust
and ruinous measure ?
Vi hat right lias tin French Emperor
to prohhit Aim ri" ms 11 oin taking their
flour, Eke. to an English market? If this
a sumption o! power by Napoleon shall
iv tb. re i ted h\ our government,there
is every reason to lnli. vc that th* En
glish, to retaliate upon Franc*, will con
fisratc all vessels sa’i.gt > or from placoS
unde i die conuoul 01 France. This coa