The enquirer. [volume] (Richmond, Va.) 1804-1815, 1811-01-01


which they were interdicted by the DEGREES and
laws ofthe colonial government, this officer Car.
rled them To Jacmel, where, on the 9th of Flore-
n, year III, they were confscated by a decision OF
the first TRIBUNAL of that place
These unfortunate schooners were, the Mary
Of 30 tons, commanded by captain David Falger,
and belonging to Messrs Watts & Laurence, of
Nantuckct-tne Union OF 81 tons, which sailed
under the order of captain William Klsby, the
commoH property of the captain and of Messrs
Hudson and Evans, ofthe above mentioned port
and. lastly, the Dolphin, of so tons, commanded
BY captain Smith, and possessed as common pro-
perty, by the said Evans and Hudson-These
three vessels were legally equipped for the
whale fishery: they carried all the documents
which are usual for such destination, and they
were to have force and authority for thu space of
ayear. There WAS no merchandise on board,
nor ether articles except the provisions necessa.
~ tor the voyage, and empty barrels to contain
tho whale oil, Which formed the object of the
voyage
II i. known. that in enternrises 81 THE Kind,
nothing oblges them to pursue particular
route they are free to visit all ATTITUDES where
the whale abounds, provided, at the same time,
that they respect the municipal laws of maritime
nations. The XVII ar,iclea of the convention
between France and the United States OF Anne
r,oa, OF the 5Oth OF September, 1850, announces
that :" the fishing of Whale and of sea calf shall
be tree tor all nations in all parts of the world :"
the smallest violation, as is proven Ivy the decla-
ration OF the captains and crews. and tacitly &C
Emo wiedged by The captor himself-These ves-
sells, at the moment of capture, were distant sew
er"l leagues from the coast of St Domingo, with
which they declared 10 have no communication I;
and, they also affirm, that in no circumstance
could they infringe the regulations of the cap
tain general, published the Sd of Messdor, year
10, concerning fore ign vessels which approach
those parts occupied by the revolted blacks -
We must not forget that there il here question
ofvessels which navigate without means of de-
fence, or of injury. Their right of fishing in o.
pen sea, is incontestabie, and independent of all
regulations and DEGREES, no matter from what
authority they emanate The sea, like the air
we breathe, is the common property of ALL
vaiin, and all the best writer's who have discuss.
ed this question, fear not to say, that to infringe
this liberty, must require nothing less than the
most unreasonable and extravagant ambition.
As proof that these vessels had touched the
coast, they merely aliedgc that there was found
abosrd the fresh leaves Oh the palm tree, green
oranges, water OF good quality, and wood re
Gently cut But, we ask, is this proof No {:
assuredly and the solemn declarations OF the
captains and crews explain in the most satisfac
tory manner from whence these objects proceed
ed The vessels had touched at several isles
srtic6larly in the bay of Tourtelle, at Guada
Ioupe, and St Eustache, and still more recently
at the isle of GRADES, or OF Beriquenna, near Por.
torico.
With a good wind, it does not require more
then 4S hours to come from this last place to the
pass of Masse Rouge, where these small boats
had arrived in search of whale. II is not there.
fore astonishing that the moment when they
were taken, the objects above mentioned pre-
served still fresh appearance. Besides, the
island of Beriquenna abounds in plane trees and
the judges would have avoided a strange error, if
during their considerations they had only deign
ed to consult naturalist-g eographer, who would
have explained to them the nature and employ
ment ofthis tree, and especially the qualities
which the leaves hsve of preserving for long
time their primitive freshness.
But we cannot be deceived concerning the
true motives of condemnation They are well
explained in a letter, which Mr.. Delestang, the
president of the tribunal at JacmeI, adore to
gen Ferrand, the 17th of Oct. 1908; for it ap-
peers that in this affair, the general had estab-
lshe an enquiry founded on complaints made
i'm France, and of which the government sent
him the examination, concerning this extraordi
nary decision, and the treatment in some sort
cruel which the American seamen experienced.
Il then known that many OF them had died
of pestilent,ai diseases in the ,own
Mr. Del,stang expresses himself in these
words Tbs cargoes OF these vessels present
G, some means OF relief 10 the position of this
piac., scmel. You know, my general, the ravs.
&c which the disease of the cou0try made at
b. epoch and the infinite numb of victims
which had to regret III these unfortunate
tmes they, the American seamen, could only
accuse the climate and the circumstances. They
were therefore obliged to sleep in forts, but then
the inhabitants and public functioHsries had no
other abode they all lived by yatisn"
We see here that to justify the cOnfiscation of
these vessels, and what they had on board they
cge the law of necessity, which extreme mis-
fortune perhaps may claim, but which too often
serves as pretext for violence and force. The
Inhabitants of Jacmel had need of what these
small vessels offered. On one side, they were
threatened with famine on the other, they de.
sired to have the means Of communicating by
sea.
a, the expiration of some time, captains Smith
and Foger, for the third was more, had per-
mission to go to the Cape, to lodge appeal be-
fore the special Commission Of Prizes which
then sat at that town but that commission, we
know not by what motive, refused TO take cogni
zance ofthe cause.
In this letter, OF which we have cited passage.
DeIastang estimates, as follows, the vessels and
what they had on board, viz.
The Dolphin, FIR. 400
Articles on board, $50
FIR. $3.50
The Mary, with the articles, 7,6s1
The Union, idem, 84le
Total, 21,IO7
IT. adding TO this sum, so very inconsiderabie
IN itseIf ittqt comDensstiOu for loss nj time