The enquirer. [volume] (Richmond, Va.) 1804-1815, 1808-04-08

" ,Soigned} CHAMPAIGN.
H. +. GEN ARMSTRONG,
Min. Pien. Of the u. STATES
SIR, Ao0''
1t was not till yesterday that received from
Mr.. SkiPwith copy of the decree of the council
VI prizes, IN the case of the Horizon. This is
uie nrst unfrlendiy decision of that body under
the decree OF the 21st of Nov 1906 In this
case and on the petition fthe defendant the court
mas recommended the restoration of the sphoke
cargo. did not however think proper to ioin in
asking as favor, what believed myself entitled
10 as right. subjoin a copy of my note to the
munster OF foreign affairs.
And am, Sir, your most obedient humble SER
want,
(Signed) JOHN ARMSTRONG.
Mr.. MADISON, &c.
PARIS, November 10, 1907.
The document to which these observations
are prehXed, will inform your cXcellency that an
American ship trading under the protection ofthe
laws OF nations and OF particular treaties, and
suffering shipwreck on the coast of France, has
recently been seized by his maiesty's officers and
aoluaSed by ms council of prizes as follows viz
Our council puts at liberty the American YES
SCI, tne HORIZON, shipwrecked on the 3Oth of
May last, near Morlaix, and consequently orders.
that the amount of the sale legally made of the
wreck ct the said vessel, together with the mer
chuiolze ofthe cargo, which according to an est
mate made IN presence of the overseers of the
administrations of the marine and custom house
snal oe acknowledged rot to proceed either from
Ehglsh manufactures or territory shall be res
tored TO captain Mac lure without deduct;no. :
ny other expenses but those relative TO the sale
Ana with regard to the other merchandise
OF the cargo which, from the result of the said
esIlnAte' shall be ackno wledged to come from ma
huiactures or from English territory by virtue of
the 9th article of the decree of the Dist NV
1906, they shall be coniscated for the use of The
state, the whole to be sold by the forms prescrib
ed IN the regulations and the application of the
product to be made in conformity to the arranoe.
ments OF the said decree, deduction being made
tor the expenee of saving the goods, and that of
the support of the crew, until the day that the
captain shall receive the notification the present
decsion.'
The reasons upon which this decision is found
co. are at once so new and alarming to the pre-
sent friendly relations Of the two powers, that
cannot but discuss them with freedom in some.
degree proportioned to my sense of their novelty
and Importance.
Considering" Gays the council
mat the neutrality of the ship and cargo
were sufficiently established, the whole ought to
be restored (agreeably to the provisions of the con
vention of 3cth of Sept. S00)provided no merchan
dLze or English origin had been found in her. and
the limits OF the imperial decree of the 21st of
November, 1902
Here IS an open and unqualified admission that
the snip was found within the rules prescribed
by the convention of 1900 that according to these
rules, her cargo and herself ought to have been
restored, ana that such would have been the fact
but tor the operation of the decree of the DIST
of Nov. BOG
In the letter your excelency did me the honor
TO write to me on the 9TH of October last, YOU
thought 1T " easy to reconcile the obligations of
TINS decree with the preservation of those arising
from treaties 1t was not for me to examine the
means by which this reconciliation was to be ef
ected. They no doubt fully existed, and vet
exist, in his majesty's good pleasure, and
taxing iorgranted this fact, ] saw in the o.
pnnon nothing but proofs of friendly dis
position, and pledges that this was not to be Ell
Their wantonly destroyed or diminished How
lnausplcious however to its authority and the con-
soiaton derived from it, is this recent act of the
council OF prizes An act, which explicitly ac-
knowledges the opposite characters and conflict
ing lnIunctions of these two instruments, and
winch OF course draws after it considerations the
most serious TO the government of the United
States.
The I'd reason of the cotncil is {" that the de
cree declaring British merchandise good prize.
had principally in view captures made on the
high seas, but that the question whether ship
wrecked goods ought to be restored or con6sca-
ted having always been Judged under the 18th
article ct the regulation of the Goth of Juv, 1779
And according TO their character (that might
have rendered lawful, orhave even commanded
their SEIZURE at sea) there no room to introduce
m this case any new distinction which. however
Philanthropic 1T may appear, has not as vet been
ADOPTED as rule by any maritime nation"
The doctrine resisted in this passage, & which
incuicates the duty ofextending protection TO the
unfortunate, is notnew tohis maiesty's council of
prizes. They have themselves consecrated it bv
thcr decision of the 5th of March 1900. By that
decision they restored an enemy's ship on the
sHgIe redSon, that she had been cofu6eiled to en-
ter a French borf By stress Of scatter 'I should
equally faI says the attorney general, in res
Pect 70 mysclfand the council before whom have
the honor to represent the government, zvere I
nor 70 maintain principle csiSecrdfed6y our iazss
ara ~ tho5c gfallnationS In all circumstances
LEI the loyalty OF the French goycrnmen sterve as
OASIS OF yotr decisions. Prove your selves at
once generous and just your enemies will know
ana respect your magnanimIty." Such was the
Prmclpie adopted by the council IN the year 1900,
ana IN the case Of AN encmy's ship, yet we arc
now tod, that tins very principle, 50 honorable
70 the court, 10 the rasiOn ard TO human nature
IS utterly unknown to alt maritime people And
on what occasion do We hear this When az,
enemy ship is again thrown on the French coast
Mott has been reserved for the wreck Of ncti.
raj and friendly vessel for cbiy2f nc United
,Jtates u - n"f ,3~r;ed .L- 80