Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1808-11-25
I1a 10 Gents Yiqgie.l

that the neutrality OF ihs ohip an6 cargo
we're sufficiently c taSished the whole
ought 20 be restored (agreeabiy 60 The pro-
visions Of the convsntlol Of abe 30 Sep,
Itember, 1900 provided 90 merchaod,zz,
Iog English origin had bgeO found 10 her,
and oCcourss that she had mol been brolght
wi,hin the limits OF the imperial decree Of
the 2ist November, 1905"
Here is an open and unqualified hdmis-
sion, that the ship wls fOupd within the
rules prescribed by die Convention of
1900; that according o these rules. her
ca g AMI herseli ought 10 have been res
ored and tia such would haze OeeG the
act bu, 70 the O ration OF the decree of
the is November 1905
Ia the letter your exCeiency did me the
honor 20 write 10 me on the 9TH OF October
lasy, you thonght /. : easy TO reconcile the
obligations OF this decree With che preser-
yatiop OF those arising from treaties" 1t
gas not for M 20 examine the means by
shch this reconciliation could b. eli cted.
they 30 doubt sally existed and YET exist in
his nlajesiy's good pleasure aHd takingflr
granted this fact, l saw in the opinion no.
thing but proofs o. friendly DISPOSE ions, and
pledges that these were Mt 20 be either
wantonly destroyed or diminished. How
linauspicicus, however, TO NV auth rity and
the consultations derived from it, is this re-
cent act Of tie coun Il oi prizes An act,
which explicitly acknowledges thc opposite
Characters aud conflicting injunctons of
these two instruments, and wh ch OF course
draws afterii considerations the most seri-
Gus to the government Of the u. S.
The second reason of the council is
s thal the decree debating (British)
merchandise good prize lad princi,
pally in view captures made on the
high seas but that the question who-
ther shipwrecked goods ought to be
restored or con6scated, having always
been Judged under The 14th article of
the regulation of the % h Of July,
1879, and according to their Character
(Which might have rendered lawful
or have even commended their
seizure at sea) ;here is no reason 10
introduce 10 this case any new distinc-
ton which, however philanthropic it
may appear, has not yet been a.,
dopted a. rule by any maritime nj.
ti10.'
The doctrine resisted [in] this pa 3
sage, and which inculcates the duty ior
Extending protection to the unfortiu-
nate, Is not new TO his maiesty's ccibn-
I'll OF prizes. They have themselves
consecrated it by their decision of the
5,h OF March, 1900. BY that dec isl.
on they restored an enemy's ship ( The
Diana) on the single reason tina {" she
had bzen compelled 10 enter a Fr@hch
pori by stress of weather. :" ! sht uld
certainly fHp' says the Attorney = a.
eral in respect 90 myself and to ! &c
council before whom have the hoN .or
to representthe government, were IL Not
to maintain principle consecratcd w
our laws and by those of all nations. I
In all circumstances let the loyalty of
the French government serve as the
basis of your decisions. Prove your.
selves at once generous and lust
Your enemies will know and resp, Ct
your magnanimity. Such was the
principle adopted by the council in
the year 500, and IN the case Of an C.
nemy's ship; yet we are now told, that
this very principle, so honorable to the
court, to the nation, and to human
nature, is utterly unknown TO all ma
rhine people. And ON what occasion
do we hear this When an enemy's
ship is again thown on the French
coast? No; it has been reserved Tor
the wreck of neutral and friendly
vessel For ship OF the United
States 1t is not denied that had this
ship escaped the rocks and made the
port Of Mohalx, The only nhospitality
to which she would have been expos
ed (uudcr the most rigorous interpre-
tation of the law in question: would
have been that Of being ordered again
to sea. Has then the misfortune of
shipwreck so far altered her condition,
as TO expooe her 20 the injury of con-
fscation also And is this among the
principles which the defender OF the
maritime rights means TO cousecrate
by his power and wisdom 1t is I'M
possible.
The third reason of the council -
"that the application Of the 5th ar,i-
Gle aforesaid, in as far as it concerns
lrhc A n,erican and other nqtions "a