Martinsburgh gazette. [volume] (Martinsburgh, Va. [W. Va.]) 1810-1825, 1812-07-24


it is notorious evidence of the annOment of this
borty to capture ever been adduced not even
been pretended On the contrary there decisive and al
most daily evidence of the continued existence of this
thority to capture
The charge of executing the DEGREES of Berlin Milan
was SO far as his department given by the
those DEGREES the French minister OF Marine Accord
ing to established principles of general law the imperial act
which gave the authority must be annuled by another i'm
peral act equally formal and solemn or at least the
hority capture must be counternanoed by some ORDER
or instruction from the minister OF marine Nothing
of this could annu the authority according to the rule
sea service such annullng act issued by the
french Emperor Were any concentrating orders
instructions, given by the French minister of
rne? In exercising trust committed to him by the legis-
atue point, interesting to the neutral of
the United States and important to the peace of the ma
on was duty of the President tos have the evil
dence of annumen before the issuing of proclama
ton Has he insisted upon such evidence? Was of
no in the relative situation of this country to
foreign powers that the regular evidence should be
ed by our adm nstratien and made known? Why has
matter evidence obviously proper simple in its ma
ure level general apprehension and mperousy
demanded by the circumstances of the been wholly
mitted And Why if the Berlin aud Milan DEGREES are an
nued pretended, does the French Emperor withhold
this evidence annument Why does he withhold it.
when the question of revocation presented under crcum
stances of SO much urgency
Not only has been pretended that any such mpe
rial of annument has issued that any such orders or
Instructions counermandng the authority to capture were
given but there decisive evidence of the
the conduct of the French public armed ships and prvaeers
At all times Nov 1870 these ships and privateers have
continued capture vessels and property the high
seas upon the principles of the Berlin and Milan DEGREES
list of American vessels thus taken since the
LIST of November 1910, exists in the office of secretary
of and among the captures several vessels with
their cargoe lately taken and destroyed at without
formaty trial. by the commander of French squadron
at this moment cruising against commerce, under
ders given by minister of marine to whom the execu
ton of the DEGREES committed and these TOO issued
January last In the Baltic and Mediterranean seas cap
lures By French prvaeers known to u.s. by official do
cuments have been made under the authority of these
How then they revoked How have they
ed to violate neutral commerce.?
Had any repeal modification of those DEGREES in truth
taken place have been communicated the prize
courts and would have been evidenced by variation
either in their rules the principles of their decisions
In vain however will this nation seek for such proof the
revocation of the DEGREES No acqutta has ever been had
of the prize courts the ground that the Berlin
and Milan DEGREES had ceased it respects the Unit
ed States On the contrary the evidence is decisive that
they considered by the French courts existing
There corroboraye of this position. 1t is
enough state only two which appear the official reports
The American ship Julian captured by French priva
eer the 4th July 1871 and the tenth of September
1871 the vessel and condemned by the council
of prizes Paris among other reasons because she
Uisted By several English vessels On the day the
Hercules American ship condemned by the imperial
court of prizes. aedgng that it impossible, that she
not visited by the enemys ships of war" So familiar
to them the existence othe decree and such their
geness give them effect against that they
egned visitation to have taken place. and that notwith
standing the express declaration of the captain and to
the contrary In addition to which evidence Mr. Russes
letter to the Secretary of State dated 9Th May 1871 says
it may not be improper remark that no American
sci captured the LIST November 1870 has yet been
" released"
From this it is apparent that the commanders OF the ma
ona vessels the prvaeesmen and the Judges OF the prize
courts to which be added Also the custom house Off
who the instruments of carrying into effect the de-
must have been made acquainted with the repeal had
it existed, have BEEN from first last ignorant of any
vocation and uniformly acted upon the principle of their
existence.
If other evidence of the continued existence of those de-
requisite the of the French at
ford such is full and explicit. Champagny, Duke of Ca
iesty the Emperor and King dated Paris Sd December
1870 speaking of the DEGREES of Berlin and Milan, says
pressy AS long England shall persist in her orders in
council your majesty uW persist IN your decrees Than
which no declaration can be direct only that the
Berlin and Milan DEGREES unrevoked but that they will
remain until English orders in council are withdrawn
And in the address delivered by his imperial majesty Ma
poeon the council Of commerce the 3st OF March,
lSl thus declares The DEGREES OF Berlin and Milan