The enquirer. [volume] (Richmond, Va.) 1804-1815, 1808-01-05

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prudence might suggest. He has added that his
eNcellency the minister of the marine and of the
colonies, had himself sent a duplicate to the
French ambassador in America to serve as an in
struction to the French marine i'll the West Indies
SO far as related to the commerce ofthe u States
and that the ambassador had made a communlca-
| ton oft to the government ofthe u. States. The
conclusion which capt. Mcclure drew from this
letter was, that if the decree of the 21st of Nov
was applicable to American vessels, he had been
led INTO an error by means of the French govern
ment, since the minister of marine could not but
| be considered rs its organ iii diplomatic and
ministerial correspondence.
Since then having learnt that, from decision
given by his majesty, to the scope which his
decree OF the 2lst November ought to have IL
results that it is applicable as well to American as
to all other neutral vessels, he has renewed the
plea, that it was sthe answer of the minister
| ot the marine which had led him into error
| he has SAID that If If was necessary even i'm
France to consult the emperor as to the WAY in
| winch the decree OF the 21st November was to be
understood, it could not be a crime in him. Q for
elgner, not to be more enlightened than the autho-
rities who had asked an Interpretation of it. He
has contendcd that it is only from the day of that
oecision that the decree i'll question could be
made to apply to American vessels which should
not conform to IT i'll future. Moreover, in obser-
wing that 1t would be impossible under any point
OF view IN which the affair could be considered TO
Co'ca,e the wreck of his vessel and the parts of
the cargo which were saved that which did not
belong to the fabrics of England nor come from
fer colonies, he has insisted that the 9TH article of
u'lS uecree does not pronounce against neutral
vessels coming from England more than A proh:
oiuoisto their entry into the ports of France and
'""l heither their confscation nor that of their
carBocS IS pronounced by the 9Th article save on
| ~ when they are introduced there by means of
| ''ise declaration Now, said he it is not in con-
sequence oil false declaration that Ihave touch
ea on the coast Of France, it is in consequence of
my shipwreck and il viii be violation of all the
Ws vi equity to confscate the wreck of my pro-
perry, making my misfortune crime.
| The Brothers, the NrClures' concluded h.,
asking PERMISSION to receive the proceeds arisincr
| from the sale which NAV have been legallv ,nodcc
or the wreck OF their ship, and of certain thinrs
octohgmg 10 their cargo, as also the part of tL,
| SAID cargo which had been saved after n deduct
on OF inc costs OF salvage with authority in case
vi lhe Ihsuihcency OF the proceeds oftlie sale to
pay the sad costs to go on to sell SO much oftbe
merchandize yet remaining as would do il. under
iuli reservations particularly to prosecute in anv
form all persons whomsoever for the restit,,t;oyy
o! the effects which had been illegally taken and
eihpezzied' and to sue for such interest and da
images as could be legally obtained and GENERAL
y with reservation Of all rights, exceptious &c
Such are the facts and circumstances Of the If.
| fair - Vi VIC ~
| Upon which, the demand in writing of the i'm.
erlSi attorney general placed this day on the table
was taken into consideration, and the renort or
Mr. La Coste, Member of the Council WIS
heard. was
Considering the neutrality of the shin and of
the cargo as being proven agreeably to the reoui-
s.uons OF the convention of the Ist October 800
'iieFe Woutd De GOOD ground to release the whole
was IL not found that there was some mcrchesn
DIE I'm the cargo) of English origin. and conse.
quentiy within the puryiew of theimperial decree
OF the 21st November, 1906 That it is tI,,.stba+
tlls article IN declaring such merchandise oooJ
Pm had specially IN view captures made nj sea
nut mat the question whether property 80 So
wreck ought to be restored or con8erated I,n l'
wing always been solved under the 18th .rt;cIa ,r
tne law OF the Goth July, 1873, according to the
character which the capture at sea of that nroner
" would have given it, there is no ground tn i.
L cIII mere new distinction, which, however.
Phiianthropic 1t may seem, has nevertheless NOT
IS yer become the usage of any maritime notion
nat the application Of the 5th article of the bo
aforementioned decree to the Americans as IN -
ther people results from the general terms of the
afucie, and from the communication recentjt,
i H 1y MS eXcehency tie chief justice de
Grand Iuge) relative to the original intention of
the sovereign. -
+ AS to the rest, the expedition in question bo-
wing clearly been undertaken after the rcC,,;sito
knowledge OF the SAID decree, no objection con
properly DC drawn from the general rules. which
forbid all retrospective effect nor even in tbio No.,
ucular case from the posteroty ofthesact bv yyicb
the sovereign has pronounced on the oiIest;on
since tins act emanates from his supreme ,y;sdor
not as Al interpretation of a doubtful point brt
as declaration OF an anterior and positive order
ihet ii one OF the principal agents of His males.
" had gwen contrary opinion, the Council has
not at any time participated in it. Besides III
opinion being that of an individual. c,nnot bo,.,
ever respectable may be is author. balance tbc
formal declaration given in the name of His Ma.
Jesty himself and that if the communicative oil
TINS opinion had encouraged and served az q basis
as is alledged to many American expeditions AMI
particularly TO the one in question, this circIn.
stance winch might call for the indulgence of he
majesty, IN case where the conGscation coea en-
treiy to the benefit Of the state does not release
the council from the strict obligation of pronoun.
eng lii conformity to the decree of the Olaf No
ycmber and to the declaration which has followed
it. That as it regards the expence ofmaintainin(,
the crew, and OF the salvage they ought accord
ing to the generalIulo To Be borne by the r,ro,,;
tors, proportlonGbly TO the restitution which vii
be made TO them, but as il is certain ON the one
hand that The men belonging to the ship have been
retained under the Authority of the government
On The other that at the time of the sbjpwreck |
considerable pillage was committed. IN conse-
qucnce OF which there has been instituted or;
mnd prosecution, the result of which. Il is ev
eEeiy probable, will not completely indemn;f.
Che prgDiIetOrs for the l0zs +i,e,, - -