Berkeley and Jefferson intelligencer. [volume] (Martinsburg, Va.) 1802-1810, 1808-12-02

most SERIOUS 70 the government i
81 the United States.
The second reason ofthe coun
ill $50. Il q I.
I = Tint die decree declaring |
I E3risi.h) merchand disc good prize,
had principally in view captures
made On the high seas; but that
the questiou, whether shipwfeck.
ca good ought 10 Be restored or
,ccnfscated, having always been
Judged under tie 18th article Of
the regulation Of the 26th Of July,
a75s, and accordingso their char
setter (which might have rendered
lawful. or have even connnendedi
their seizure Il seal there i no
room 10 introduce in this case q
~ new distinction, which, howe
Yer philanthropic i may appear,
has NOT O. yer been adopted as q
rule By any maritime nation"
The doctrine resisted in this
passage, and which iuculcates the
dury Of extsnding protection 10
The unfortunate. isIiot new 70 his
maiesty's council Of Prize They
!! have themselves ronseerated il by
heir decision Ofthe 5th OF March,
isoO. By that decision ihey re.
ts.ored an snemys ship 1.-THE Ola.
na) on the siHgis reason, ihst she
had been :. cempeiled 70 sifsr a
Frepch port tysiress efweather. =
~ should equally fail, = says the
acknowledgement, Sin respect 10
myself, and 10 the council, before
! whom ] have the honour 70 re-
present the governments, were
mot % maintain q principk, cen.
secyoted by or la1vs, and ty those
ef an nafioiss. Ia an circum.
stances, let the loyaity Of the
French government serve % TIC
basis Of your decisions. Prove
yourselves ct once generous aid
lust your enemies will know,
and respect your magnanimity.'
Such wasthe principle adopted By
The council in the year 1900, and
In The case Of % euemys ship
vet, We are iaoys told that thi.
seTy principle. % honourabls "a
the count, tothe sation, and %
human nature, Il utterly unknown
20 al maritime people; md on
what occasion do Re hear this!
When an enemy's ship b again
thrown On the Preach coasts No
: Il has been reserved for the wreck
or 4 neutral and friendly vessel
& for ! ship ofthe United Sta,es! /,
10 not denied, that had this shit
escaped the rocks and made the
port Of Morlaix, the only linhos.
pitsiisy to which she wouM have
been exposed (under ths mosl
rigorous interpretation of the law
lnquestion) would haysbten that
Of being ordered again 10 sea.
Has, then, the misfortune ol
shipwreek, so fsraltered her con.
,dition. a. to expose her to the ia.
jury of eon6seation also and is
This among the principles which
the defender Of maritime rights
means to conseerate BY his power
and his wisdom! Itisimpossible.
The third reason ofthe council
i, ~tharthe application ofthe slh
4 srticle Aforesaid, IN as far % il
concerns the American and other
nations, Is the result both Of the
general Expressions Of that very
article, md ofthe communicated
recently made by his excslieney,
the grand Judge, concerning the
primitive iniention sc the dove.
feignsp
Thi. reason win be found tobe
Substantially answered IN my re-
plysto reason No. s., Of The coun-
Gil. Il win BE seen that the o.
Pinipn given here, thatlt the ap-
piication farsidls- !, nf he i'm.
Perial decree 70 Americas com.
.Inetce, b the result Of tie gene
raj e1pressions Of that very asti-.
Gle, Was not the opinion cf the
! council Of Inc Stkof March last,
when they Judge tie case Of the
Hibernia j they then declared, in
totidem yerbis, shat the decree
"said nothing offs wninAncncei
on the convention Of $500, Be.