The enquirer. [volume] (Richmond, Va.) 1804-1815, 1812-11-20

JtNty Ola SuCh OCCASIONS, III TINS case, " Il
added that which, even in default. of othe
Ia. orabie circumstances, ii was 10 be aup
posed, could not but determine him To re-
lease The vesse-,he offer OH the part OF the
capturs, and the refusal on the part OF the
American Captain, to compromise; foi
what stronger presumption Can be tfortled
against the Justice ut the Calltoi's' Claim,
than their offer To compromise II for a small
sum, or what more favorable to belief in
the American captains innocence than hi.
refusal to pay THAI sum?
By the copy OF tue sentence, which have
herewith the honor to enclose, your Excel
lency will perceive that the tribunal has
commenced by assertion that captain
Fenno, during his detention, attempted to
escape, and that upon this supposed attempt
are grounded its suspicions;" but in the
note which / addressed to you on the 18th
January, l enclosed document which
proved most inContcstibly that no such at
tempt was made, and that thc assertions of
the captors, iii this respect, were altogether
false: how astonishing then, that the high
court should venture TO place its sentence
on such ground. The other motive menti-
oned in the sentence, considered as obiecti-
ons TO the neutrality Of This ship and cargo,
are scarcely entitled to comment: what if
Inherent hand writings are found in sea
letter, which issued from a department
where many clerks are employed? What
It omissions" or " errors" i'm such or O.
Their documents? must observe, however,
hat the sea letter in question was submit
ted to the examination of the American con-
sui, Mr.. Saabye; and that he gave formal
certificate that the paper was genuine,
which certificate was submitted to the court
by the claimants counsel. AS to the certi-
hcases of the French consul, the American
captains must receive them as the consuls
nay please to give them, with whatever
errors or absurdities they may contain but
1t is worthy of particular observation, that
he objection made, in this case, to the
French consuls certificate, originated in the
tribunal itself. The captor did not deem
that certificate to be of any Importance
no objection was taken to it in any of the
prior proceedings the counsel of the Anne
can captain, of course, had not any oppor
unity ut defending his client ON that head
We herein see an innovation on judicial
proceedings of a character entirely novel
the court placing itself in the situation of
the accusing party, and condemning the
property In litigation, on grounds not as
snmed by the captor. The only documents
ot real Importance to be considered are, 1st
The register /; is it, or is it not, a genuine
document, proving the vessel to be the pro-
perry of the persons therein namedi I'd.
The clearance; did the vessel, or did it
not, Come from New Orleans. as the Cap
tain pretendsf Sd. The bills of fading and
invoice do they or do they not describe the
cargo actually on boards These points sa-
tisfactorily established, what else can be
waiting, where the intention is to do justice
TO the captured, and to respect the neutral
rights OF the country to which he belongs
can assure your Excellency, in fine, that
OF all the decisions which have taken place
since my arrival here, the one now in cues
ton is the most extraordinary if, amongst
all the just Cases IN which have interlered,
there was one which appeared to me TO
stand most clear from difficulties of all
kinds, 1T was this of the Brutus and was
still more gratiGed In the confidence which
l have indulged, that the vessel would be
acquitted, because it is the last remaining
on the list of the captures which have oc-
Cured since my arrival here. What may
be the merits OF the captors, in the view of
the King, / will not presume to conjecture
but am sure that they cannot have any
which can interfere with due application
OF his maJesty's just principles, OF any, in
relation to this case, which are not founded
on misrepresentation. j must therefore
earnestly request that your excelency viii
lay this representation before him, and do
conhde that, when his majesty secs what /
nave stated, and is pleased to consider the
enclosed sentence of his tribunal, he will
think proper to reverse it, and to order The
restitution of TIE property thus condemned.
have the honor, &c,
(Signed) GEORGE w. ERVINC.
No. &-B.
1rcESi,,fion from tie D~risE.
Copy of the sentence pronounced by the
high court of admiralty in the case No. 164.
Ccf7tain Join Fenno,
against
I. Samueisen, and other hrivateer cah-
tainss
AS captain Fenno's conduct during the
detention, iii erdeavoring to escape the pri-
must render Him suspicious, and
therefore authorize the capture, 50 his later
conduct affords grccnded reason for call
ing his neutrality ipto question.
Besides. III tiie very documents BY which
captain Fenno wants To prove the nationa
lily ct the vessel, and the legality Of the
voyage, there are found such Deficiencies,
that the prccepts contained in the prize act
III his respect, Cannot be looked upon as be-
ihg accomplished.
]. The sea letter is not III the usual or
der, as partly it is not filed out, and partly
an tiucidation is wanting in several places
respecting the douicl and burthen of the
vessel. The only place where the burthen
is mentioned, is pcrceptibly added by a
Strange hand. Thus tiSe sea. letter can CnIv
hc considered as blank, arranged ucr
males artes for the use of this vessel.
,. The attest found oi the certificate Of
The c'fgo. under the name Of the French