Alexandria daily gazette, commercial & political. [volume] (Alexandria [Va.]) 1808-1812, 1811-09-26

rable from so long voyage. ! ne Jersey ei-
tered the port of Palermo the 9Th OF Decem-
Der, but it was only for this object, AS soon
as he had taken in water and repaired some
damages the vessel had sustained, that IS on
the 18th of Dec. she continued her voyage to
Leghorn, with her entire cargo, without hay
ing opened her hatchways. She arri, ed at
Leehorn on the lst Of January, 1908, one hum
dred days after her departure from Newly ork.
Scarcely was this ship anchored, when she
was seized by the French authorities the
cargo placed in Magazines, and all commune
cation with the shore interdicted to Capt.
Williams. Such are the facts. Let us see II
there are principles which can justify such
harsh conduct.
We have said in the beginning, that 1t will
be a most consoling surprise for the council to
find that the Jersey, in her long and difficult
voyage of 100 days, has not been encountered
Tmet by any English vessel. We ought to
add, because it does honor to the tunctlona-
ries who first had charge OF this business,
that nothing has been neglected to discover
the truth as to this point; but the truth al
ways energetic when it IS sought tor IN good
faith, has eventually manifested that the Jersey
has not been visited. 1t is useless then to
speak of the decree of the l7th OF December,
in regard to the visit, and the denationaliza-
ton which is the consequence 1t Is useless
to occupy ourselves. IN considering the ex-
ception in favour ola vessel that had sailed
several months anterior to these DEGREES, and
to the orders of England, which had Justly
provoked them. No, the Jersey has not been
denationalized; she has preserved the rights
that are guaranteed by treaty to her flag and
we have only to consider the pretext which
determined the French authorities to lay their
hands on this property.
This pretext, for we cannot see in 1t any
motive, is taken from her having touched at
Palermo, from which some would wish to
prove that she had contravcned the DEGREES.
Let us see if there is any thing in this law
which can lead to this consequence. Would
it be the decree of the 2lst November, 1906,
which we are accused of having violated?-
That is mpossible-because this first decree
had principally in view to make war against
the merchandise of England; and on board OF
the Jersey there did not exist any merchandise
but that of neutras; because the general
blockade established by the LIST, Cd, 9TH and 9th
articles of the decree are only applicable to
the Britannia Isles, and to the English colo
MES and even when it was a question OF
countries thus interdicted, the law limited it.
self to simple exclusion from the ports of
France all such vessels. Our vessel forced
into Palermo, could not therefore place her in
a condition to contravene the decree OF the
2lst of November, 1906. Will 1t be said that
we have, however, violated the decree OF the
23d November, 1907? But how can this be
pretended? AS to what regards the destina-
ton this decree only pronounces conhscation
against I" all vessels Which, after having touch
ed in England, shall enter into the ports of
France" That is to say, this decree conhs-
Gates the vessels which the decree of the 2lst
November was contentcd to exclude, under
the same circumstances. But how can this be
made to apply to the case of the ship Jersey?
On the one hand it is at Palermo that she has
touched, and the decree speaks only Of Eng
land. On the other hand, the decree supposes
that it is in the ports of France that the vessel
will arrive after having touched in England,
and it is at Leghorn that our vessel is going
and where she has actually arrived. And
farther, Leghorn was not port of France,
neither when the decree was published, nor
when this vessel arrived. There exists then
neither of the two conditions which the law
formally requires. The vessel must have
touched in England, and must have entered in
France. But we should constantly bear in
remembrance, that it was in Sicily she touched,
and that it is in Estruria that she arrived
Nothing then which this law requires exists
in the present case, and the decree of the esd
November, 1907, is as little applicable to it,
as that OF the preceding year.
Ii is then the decree Of the 18th December,
1907, which we have contravened, if we have
committed any contravention at all. This is
in effect the only question we have to examine.
The Sd article of this decree is as follows:
" The Britannia Isles are declared in state
of blockade by sea and by land--Every ves-
sci, of whatsoever nation, whatever may be her
cargo, lal:en at port of England or of her
colonies, or of countries occupied by English
troops, or going to England or to her colonies,
or to countries occupied by English troops, is
a good prize, having contravened the present
decree-They shall be captured by our YES