Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1801-08-19

Tie fam. power Of cap.are is extended
80 private armed ysIe.s.
The oh fiction provides, that the vel
;el or goods CT si'y citizen Of the U. 5.
orpe.fon re!id;ng ,hegin, ihaA be reftored
: on paying fc: falvage not lefs than one
eighth, no, more than one half, of the va
lue @: such Ie-cspture, without any de-
AUCTION. >' p
The 9Th .eaion OF the aA for the CO.
yerrmen, of the navy, pshed the I'd of
March, 1899, enaas-" That for the
hips or goods belonging to The citizens Of
the United States, or to the citizens or
fun;~tis Of any nation in arnity with the
United States, if re,aken from the enem:
within twenty-four hours, the owners are
, 20 allow one eighth part Of ,he whole va-
iue for ialvase," and ftbey have remain
cd above ninety fix hours in poHe1hcn OF
the enemy, one half is to be allowed,
On the sd of March 1900, Congrcis
psiied an aa providing for falvage in
safes Of recarsure.'' 80.
This law regulates the falsasc 10 be
paid "when any veael or goods, which
ihall be taken as prize as a:orsfaid, !hali
appear to have before belonged to any per-
ion or rerieus permanently reiderr within
The territory, and ander the protection of
any foreign prince, government or fate,
"a anity with the United States, and to
have been taken by al enemy of the Unit
Cd States, or by authority, or pre,ence Of
authority, from any prince, government or
fate, IN amiry with the United States, and
TO have been taken hy,an enemy ofthe L.
States or by authority, or pretencc of au-
thoriiy, from any prince, government or
ilate asarit which the US. have au,he-
ziied, or ihall authorize defence or rcpr:-
falls
Iheie are the laws of the United States
which define ,hs;r iituat:en in regard to
France, ind which regulate iaivage TO ac-
c,ue cn rc-cap,ares made in con!equence
OF ,har f;aarlon.
A neutral armed venel which has beeen
captured, and which is commanded and
rnsrxd by Frenchmen, whether found
cruizinson the high ieas, or Ealing direct
iy for French port, does nos come within
,he description of thoie which the laws
an,tol;i. an American flip of war to CAP
,ure, unleis the be conidered quo al hcc
as Freach veilel.
Very little doubt can be entertained but
that veilel thus ci'sunaanesd, encoun-
,ering an American unarnled merchant
man, or one which ihou!d be armed, but
of inferior force, would as, readily cap
ture iuch me7rhantman as if fhe had iaile.I
immediately from the ports of France. -
Ono d;rett ard declared OBJECT of the war
shcn, wa;ch was the protection Of 'he A
nericars commerce, would as certainly re-
quire the capture of iuch yeGel, as OF
Others more determinately fpecifed.. Ds;
The rights OF a neutral, which the govern
men, ofthe United States cannot be conf
dered as having diifegarded, here inter
penc; and TIE velsl certainly is not, cor
sealy fpeas;ng, French yellel.
1.-THE Amelia was not, On the 18TH of
SewembesI739, a French ve!fel within
the def,r;rtion Of the act of Congzels
could her capture be Lawful?
It's, g,he'icve, a univfrial principle,
which applies 70 ,hofe engaged ina par;i-
al, as We! as thoie engaged in general
war, that where there is probable caule
10 believe the vefel met with at lea, is. in
che condition of one liable to capture, it
is lawful to take her, and fuhjed her to
the examination and adjudication of the
courts.
The Amelia was an armed ,vei7cl COM
manded and manned by -Fre"churn. It
does not appear that there was evidence
on board to sicertaip her character. 1t is
not then to be que!tioned, nor have the
claimants qusaionsd, but that there was
probable cauie to bring her in for adjudi-
cation.
The re.capture then was lawful.
But it has been Unified that this recap
,u,s was Only lawful in coniequence of the