The Potowmac guardian, and Berkeley advertiser. [volume] (Shepherdstown, Va. [W. Va.]) 1790-1798, 1797-04-06

the United States 10 both Houfes of congres,
1<;. s"s 10 Il, = ss esn nnsv ,,s4y # The
United Sfatef 10 The F1ese MANY
(c'"''"4s4 t,'m s4sSes
r IRsTcsfe. The French privstesr Sans pareii
aud her PRIZE the Perseverance.
On the as h Augutt %, Mr.. Fauchet complain
ed that the prize had been ieized on the pretext
that the Sans Pereil had been illegally armed in the
United States. The anfwsr Of September sd from
the iecrerary ofilate, which Mr.. Adet centuries as
indicative of delay" ASSURED him that the iecretary
had urged the governor of Rhode III and, where the
prize was carried TO report the eircumitances Of
the cafe withou, delay. On the z7th Of September,
the 'screrary informed Mr.. Fauehet, that the 60
had decided tina, the prize ihould be TeiIo-
red On the 18th of October Mr.. Fauchet renew
ed his complaint, for on the iult OF the claimant
the prize had again been arreIted by procss from
the dtrct court. The lecretary Of ltate ahiwered
the aad, with information that ought TO have
tatiseed MIR. Fauchet. For admitting that aereea-
bly, TO the law of the 9Th June ga, the had
authority. and were bound in duty, to take cogn
zanee of captures made within the juriidiction of
the United States, or by privateers illegally fitted
in their ports the right Of doing which Mir Fau
Chef did confetti they could not refue in the
cafe of rhe prize of the Sans PareH; the guard
gsinft vexaeous prolecutions being the judgment
Tor colts and damages to which an unjait PToecutor
is exPoied. The circular letter written this oc
cahon the governors of the ltates manifeits the
iolicitude Of our government TO prevent yexatious
luitse
I'd Cafe. Glafs and Gibbs
BY the copy of the proceedings in the fupreme
court of the United States in this cafe, you will
lee that the court did not, itsted by Mr. Adet,
determine '' That the tribunals could decide vine
ther prize belonged to enemies or neutrals he
uu hefor he eoEt her nj
captured Vessel and cargo, the former the proper
~ OF a Swede snd the latter belonging partly to
iome Swedes and partly citizen Of lbe United Ssatft
The opinion therefore pronounced by the iuPrsme
court applied to the cafe in which one Of the claim
ants was citizen of the United States. And after
iolemn arguments, the court decided" that the dit
trict court Of Maryland had jurfdetion and fhould
accordingly proceed to determine upon this cafe
agreeable TO law and right"
4 will add only one more remark-Ihat the 18th
article, the letter of which charged with vi
olating, in fufesing our courts to take cognizance
OF French prizes, expressly refers to " he ihiPs
and goods taken from their enemie,, and it is the
examination concerning the lawfunrts Of iuch Pri-
zes," which the article forbids-bur no examinati-
on ofueh prizes has been attempted by our govern
ment or tribunals, unlefs clear evidence, or rea
fonable presumption, that the captures were made
in circumstances which amounted TO violation Of
our ioveregnty and territorial rights.
50 Nale. INC FRENCH PflVateer L am df IA ROM
a Pet,s, Capt William Talbot, and her Dutch prize,
Vrouw Chriitiana Msgdaena.
10 the Information contained in the papers col
lected in this cafe, have add, that this caufe
was finally decided in the fuPreme court in Auguit
term 1895. The court were unanimously Of opinion
shat in the particular circumstances of Talbots cafe
notwithstanding bis French commifIion, and his ia
king an oath of allegiance to the French Republic.
he continued to be citizen Of the Uunited States.
But the cauie, as am informed, did not appear to
have formed on this point. Talbot had aisocis-
ted with one Ballard, commanding armed veisel
called Ami de la Liberte, which had been fitted
out in the United States ard bad no eommlon. Tai
bot and Ballard cruized together couorts; and
in fact it Ballard vefsel that took the prize ::
TALBOT not coming up till hour after the capture.
Ballard was afterwards tried before the Circuit
Court for piracy.
The court were ofopinion. from the tenor ofthe
evidence, that Tslhots velsel was owned by citi
zehs of the United States, whom the prize mo-
ney would eventually fad its way in cafe OF reititu
tion to the captors
Ballard and Talbot were both citizens of Vire;-
MIA The attempt of the latter to become French
citizen conGdercd TO be fraudulent, being made
for the iole purP0is Of obtaining commiiaon, IN