Alexandria daily gazette, commercial & political. [volume] (Alexandria [Va.]) 1808-1812, 1808-11-19


herself ought to have been restored, and
that such would have been the TACT, but Tor
the operation of the decree OF the s1st OF
Nov. 1906.
n the letter your excellency did me the
honor to write to me on the Eth OF October
last, you thought it easy to reconcile the
obligations Of this decree with the preser-.
walton Of those arising from treaties. It
was not for me to examine the means by
which this reconciliation could be effected !:
they no doubt fully existed and yet exist IN
his maiesty's good pleasure and taking for
granted this fact, I saw in the, opinion no
thing but proofs Of friendly dispositions, and
pledges that these were not to be either wan
tonlv destroyed or diminished. How IN
auspicious, however, to Its authority, and
the consultations derived from it, IS this re-
cent act Of the council Of prizes An act,
which explicitly acknowledges the opposite
characters and conflicting injunctions or
these two instruments, and which OF course
draws after it considerations the most
serious to the government OF the United,
States.
The second reason Of the council is ssthat
the decree declaring British merchandise
good prize had principally in view captures
made on the high seas but that the cues
ton, whether shipwrecked goods ought to
be restored or confscated, having always
been Judged under the 18th article Of the
regulation of the Goth July,. 1878, and ac-
cording to their character (Which might
have rendered lawful or have even COM
rnandcd their seizure at sea) there IS no.
reason to introduce in this case any new dis
tinction which, however philanthroP'c it
may appear, has not as yet beer adopted as
a rule by any ma time nation
The doctrine resisted [in] this passage,
and which inculcates the dirty OF extending
protection to the unfortunate, is not new 10
his majesty's council of prizes. They have
themselves consecrated it by their decision
Of the 5th Of March, 1900. BY that eleci
sion they restored an enemy's ship (the Di-
ana) on the single reason that she had been
compelled to enter a French partly stress Of
zyeuther.'' 6 should certainly fail, says
the attorney general, $ in respect 70 myself
and to the council before whom ! Eave the
honor to represent the government, z,ere 4
nat to maintain a principle consecrated by
our lQrps By these Of aHnations. In all
circumstances let the loyalty of the French
government serve as the basis of your deci-
sions. Prove yourselves at once generous
and rust. Your enemies will know and re-
.spect your magnanimity. Such was the
principle adopted by the council in the year
1SCo, and in the case of an enemy's ship;
vet we are now told, that this very princi-
pie, so honorable to the court, to the nation,
and to human nature, is utterly unknown to
all maritime people. And on what occasion
do we hear this? When an enemy's ship IS
again thrown on the French coast? No;
it has been reserved for the wreck OF a neu-
trail and friendly vessel For ship of the
u. States! It's not denied that had this
ship escaped the rocks and made the port OF
Morlaix, the only inhospitality to which
she would have been exposed (under the
most rigorous interpretation OF the law IN
question: would have been that OF being or
dered again, to sea. Has then the misfor
tune of shipwreck SO far altered her coneti-
ton, as to expose her to the injury OF con-
heation also? And is this among the princi-
pies which the defender Of the maritime
rights means to consecrate By his power and
wisdom? 1t is impossible.
The third reason of the council is 6 that
The application of the 9Th article aforesaid,
in as tar as it concerns the American and
other nations, is the result both of the ge-
neral expressions of that very article, and
Of the communication recently made by his
exeellency the grand judge concerning the
primitive intention of the sovereign.
This reason will be found to be substan-