The enquirer. [volume] (Richmond, Va.) 1804-1815, 1810-11-27
SDuGlleBttr.
PRIZE COURTS OF FRANCE.


1--WE have been favored with the COPY of
a number of memoirs addressed to the Coun-
Gil OF Prizes. at Paris. in behalf of Ameri-
can Citizens. whose vessels and cargoes de-
pended on the decisions of the Court.
these memoirs are in general couched in
nervous language, and evince the zeal of
the agent IN support of neutral rights. We
should feel pleasure in Offering mapv of
them TO our readers. did the present limits
OF our paper permit, as they would doubt
less be interesting, particularly TO merchants.
and othose gentlemen versed in maritime
law. We have selected one which will af
ford fair specimen of the ability and zeal
win winch these cases were defended IL
Mar. Int
{ Translated from the French.
CASE OF THE OCEAN
Memoir presented IN defence of this case
6y ID. B. WARDEN, Esq late American
Consul at Paris
10 me attorney General and members of
the Council ofPrizes at Paris.
GENTLEMEN,
The Anne lcan brig Ocean, of $50 TONS
captain John Hill sailed from Boston the
lOih OF January last, with a cargo of cod
hsn and oil, tor st. Andero, in Spain. He
was forced, by stress of weather. to seek
refuge IN he port of Socoa. where The YES
sci and cargo were seized, by the Custom
House Officers. the 9th of February last
This vessel is furnished with all the docu
ments which are required either by the de
crees of his majesty. or by ancient or mode -,
maritime laws Her register. her nass
por,, oertincate of health, clearance. and
role d'equthaSe, are all perfectly regular.
Inc neutrality OF her cargo is completely
established and its origin is certified by
the French Consul, who addressed letter
to ms colleague, at st. Andero, to apprize
him OF this certificate, conformably TO the
orders of his Excellency, The Minister Of
Exterior Relations, dated the 9Th of Anr;I
1909. This brig was not visited at sea by
any English vessel during her voyage; nor
did she touch at any British port Conse.
quently there can be no CONFIRMATION of anv
species of law or decree.
The Counsellor of State and Director of
Customs In his letter of he 9th of April,
which is annexed to the papers of the
vessel aad of her cargo, observes that
"this SEIZURE was made according to The for
NAL orders ofhis Majesty, relative to Amer
lean vessels AID their cargoes. And as IN
the exception of being driven into this port
Concerning which, in all cases, think that
1t belongs to his majesty only to pronoupcel
so much less can it be here taken into com
sideratioD, as the vessel Ocean was bopnd 70
st Andero ; that Consequently. and moi.
outstanding the force n,ajeure, which OH
liged her TO enter port of France she wa
there liable to seizure and confiscation. for
this reason alone, that she would have been
In the same situation in the port of Spain. for
which she was destined"
According to this opinion. il matters No,
into what port under the domination of
France, the vessel entered the same order
which made her good prize at Socoa, would
have had the same effect at St. Andero. the
place of her destination.
Whatever be the opinion of the members
OF the Council ofPrizes concerning this let
ter, an imperious duty commands me to sub
NIT to their consideration some observations
in the name OF the unhappy victims of whom
am the organ, in the name of my govern
ment, whose measures I support. in the
name, in fine, of the rights of nations, those
sacred rights which his Majesty the Empe
ror and King makes il his glory to defend
and to avenge.
The imperial decree is founded on the
rights OF reprisals' 1t rests solely on the
acts Of the United States, of the 1st of
March 1909, which interdicts the entrance
into their ports of all English and French
! shall not here speak of the right which |
all independent powers have ofputtine what
ever restrictions compatible with the rights
81 nations, which they may think proper, ON !
The commerce and com nunication Of their |
citizens or subjects with those Of other pow
srs Neither shall insist on the particular |
interest which the u. S. have. as anation es
'entially neuter, not to employ this right. ex |
cept in case Of the last extremity Those
ARE two propositions, the truth of which |
cannot be less felt by the council than it ;s
BY all Europe. shall only observe. that as
The u. ). passed the act ofthe first of March |
lSoo, they had an incontestibIe right so to
10 they were compelled to have recourse
o this measure BY Provecssions which it