Alexandria daily gazette, commercial & political. [volume] (Alexandria [Va.]) 1808-1812, 1811-08-07

i, ;rnossible that America should lcilu
hersctf to an hostile attempt to comPel
tbis country to renounce those principles
on which it has acted in perfect CONFORM
;ty to ancient practice and the known law
Of nations, upon the mere demand OF the
person holding the government o. f.ice.
The casus fnderus therefore, II 1t may be
90 called. does not exist: the conditions
m which alone France holds out pros
meet of retraeting the DEGREES, neither are
nor can be fulfilled. Looking at the ques-
ticn therefore, priori, it cannot DC pre-
s,,med that the revocation has passed.
On the other hand what must have follow
ed if such had been the fact? Why that
the American minister in this country
must have been in possession OF most de-
cisiye evidence upon the subject, for can
not but suppose that the first step OF the
American minister at Paris would have
been to apprize the American minister at
this court, of so momentous circum-
stance, with view to protect the Amerl-
can ships and cargoes which had been
brought i'm under the British orders in
council. If no such information has been
received by him, there never was case
in which the rule de non apparentibus ct
non existentibus cadem est ratio can more
satisfactorily apply. For it is quite I'M
possible that such revocation can have
taken place without being attended with
clear demonstration of evidence that
such was the fact.
lam, therefore upon every view of the
case of opinion that the French DEGREES.
are at this moment unrevOked. But if
by any possibility it can have happened
that an actual revocation has taken place
against the manifest import of the only
public French declaration referred to and
without having been yet communicated to
the American minister in this country who
was so much concerned to know it, for
the benefit of the persons for whose pro-
lection it must have been principally
meant; the parties will have the advan-
tage of the fact, if they can shew upon
an appeal that those DEGREES have been
revoked at time and in manner that
could Justly be applied to the determine
ton Of these causes revoked at period
which would reach the dates of this cap
ture, and in manner unincumbered with
stipulations, which it was well known this
country could never accept, and to which
there was every reason to presume that
the justice of America could never permit
her to accede, upon the refusal of Great
Britain. On such state of evidence the
claimants will carry up with them to the
superior court the principle that might
entitle them to the protection according to
the view which this court has taken of the
subject. But things, standing as they do
before me, all the parties having acted in
a manner that leads necessarily to the
conclusion that no bona fide revocation of
the Berlin and Milan DEGREES has taken
place, must consider these eases as fall
ling within the range of the British Or
ders in council, and as such they are liza
BILE to condemnation.
JUNE 22.
Erice of stocks this days per cent.
red. 62; i per cent. 70 II, cOnsols for
act: .65 rs SIS; omnium 1 1-S S-S If
dis.
The moniteur of the 18th contains a.
long article under the head of news from
the army of Spain. 1t relates entirely
to the proceedings of Suchet against the
fort Olivia before Tarragona. The ope-
rations began on the Sd May, and con-
Guided ON the Goth, when the fort was
stormed and taken, after most obstinate
resistance. The garrison of Tarragona
had previously made several sorties, par.
ticularly on the 14th, with 5000 men. A
very sharp action took place, in which
our squadron took part, consisting of a
II gun ship, cut-down ship, two frigates
and several other vessels. This squadron
brought the Spanish gen. Campo Verde
to Tarragona. The French general Saline
was killed. 900 prisoners were taken at
Olivia. On the sOth May the garrison of
Tarragona attempted to take the fort, but
without effect.
French funds 79f. SOC.
Tn the House of Commons last n;oht.