Martinsburgh gazette. [volume] (Martinsburgh, Va. [W. Va.]) 1810-1825, 1812-04-03

latious both OF France and Denmark. hav-
ing also, had the good fortune to escape be-
ing visited by British cruisers, the said bril-
g~sntiue sailed from E.lsinrur, toward St.
Petersburg. & destined for that port, & on the
3dof May, 1911, she was captured by a priva-
teer duly commissioned by his majesty the
emperor OF France, & carried into Dantziok:
that on her arrival at said port she " as pu, un-
der the control of the Consul of France, and
all her papers were forcibly taken by the said
Consul, and sent to Paris, in order that lc-
gal process might be there instituted against
her. Your memorialist does not think il of
importance to detail the Illegal and improper
measures adopted BY the said Consul of
France in the unloading OF said vessel and
cargo, the utter contempt of the usages Of
all civilized nations in those procedures;
the impyessment Of several OF the crew Tor
the service Of his Imperial Majesty, and
the impediments thrown 10 the way of the
supcrcargo which prevented his arrival in
Paris in season to defend the said vessel and
cargo. These measures, constituting a sc.
ries of injustice uuknown 10 any other couu-
try, are Of small importance, compared with
the fragrant injustice Of the fnal decree of
the imperial council OF prizes at Paris. The
supercatgo Of said vessel, at a very early
moment, by letters from Hamburger, made
known to Jonathan Russell, Esq. the charge
d. ~affaires Of the United States at Paris, the
circumstance of said capture, and the said
Russell applied to the French Minister Of
Foreign Relations on that subject and re-
| ceived assurances that he had made a favor.
able report Of the said case to the Emperor.
1t is apparent, therefore, that the case vas
fully understood, and that the proceedings
which were afterwards had, were taken
with knowledge Of all the circumstances
of the case. Nevertheless, your memoirs
alist begs leave to state, that on the tenth
day of September last, the said council of
prizes, without hearing the pleas and alIe-
cations Of the owners of said vessel and car
go, did proceed 10 make a dehnitive decree
iu the said case, a copy of which is herewith
submitted to the honorable Congress of the
United States in which, after reciting that
the said vessel and cargo had been captured
by the French armed ship, the Jeunc Adolf
phe; and that she had been libelled on the
ground :" that part of The cargo came from
Spanish and Portuguese colonies and that,
moreover, 1t consisted in colonial articles,
whose importation was forbidden BY his
Maje.ty's decrees"-After recitiug The cap
ture by the Danes, and the acoaittal by the
Danish courts-thc arrival OF said brig az
Gottenburg, in which an English cutter was
then lying, but which had not hailed said
vessel-Afer reci.ipg that another vessel
had hailed her on her passage, the officers
of which had spoken the English language ;
that the captain, supercargo and two mari-
ners, had all concurred ia these facts. At
ter reciting moreover, a com lete list OF all
the papers found on board the said brigan-
tine, which consisted of every documents
requiredb by the law Of nations, and even the
modern usages OF France, all certified by
the French Consul at Boston; the said coun-
Gil of prizes proceeded TO condemn the said
vessel and cargo, on the following pretences,
(if such they may be calledl: that, as the
said brig Caiharine had anchored at Gotten
burg, at which port there was an English
armed packet boat, which was an indica-
ton, or proof, (,he cargo also consisting
almost wholly of colonial a~rticles) that the
same was in the interest of the enemy's corr
merce and moreover, since there is 10
reason TO believe that she entered the Ball
tic without convoy, and that, it she was net
disturbed by the numerous vessels OF the
enemy, il is because she was an enemy's
ship under American mask ; therefore, the
council decide the said capture to be good
and available" Your memorialist forbears
to remark upon the principles set up in this
decree, because it must occur TO the honor.
able legislature of the United States, that
So, ~-rh ,nv~ Janrerour RI the rirht4
of the United States, and more a~ffrontise
to their honor, than any which are contained
in the Berlin and Milan DEGREES; while at
the same time, the allegation of the captors,
and some of the reasons urged by the coun-