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

X ~ tfNHA w a
Goods into his own territories; but u WIN
.~er1llected tina, this vessel was taken IN
-. Ra,,;c over which his Majesty does
no, even claim Jurisdiction /; and thdt e"e
was hound 10 the territories oil a soVe'e'Sn
who has not interdicted this trade, oot q
hos c;yen every degree Of encouragement
81 1, during tlx last year. The council ad-
mi, IN the process verbal, that they intefrc-
ca,ed the crew as 70 the fact OF their having
been visited by a British cruizer out 'ney
failed in establishing either that TACT or shA'
of her having taken convoy. Your memo
r;alist would remark, that this fact could DC
of no moment, unless the Berlin ano na'tan :
DEGREES were ia force because inc saiPs %
all the belligerents have an iib""
70 visi, the ships of neutrals, VINO are oouiu
n submit 10 such search, on pain o. con
depna,ioo in case OF resistance. ihl.PFih-
r,,le !, i well Known the United states
bave exnl,citly admitted wis then ths III
,e,ro7atioo aud recital in the process verbal
as 10 IN. fact Of visit by a BRITISH cru'ls'
y,f.r memorials would further call the
attention Of Congress to the reasons assignee
hv the council of prizes, for the c~ondenina-
ton OF this valuable vessel and cargo a
mong them, we find, that the coming 70
anchor in a port in which there happened
10 be an English c~ruizer, is enumerated a
monq her offences. Now, il rtbe SAID, tnat
this IS not made the express ground OF con-
defamation. but is only stated as an inouce-
msnt 20 the conclusion that she was IN the
encmy's interest, your memoriaiist wouid
remark, that the OF the United
States is vastly more exposed, under tue
pretended relaxation of the DEGREES, than II
was under their mostsevere operation. by
them, the act n oisit, abne, caused the CON
demnation. Now, by this decree, tire be-
ing ia a situation liable to, or exposed to
the danger Of being Visifed, is conclusive
evidence against the most abundant and
plenary proef of the vesse! and cargo oelng
il the "enemy's interest" IL VIII b. 90
served, by a recurrence 70 the decree, that
the vessel was not condemned as enemy
property but ttifing aud Innocent cifeam'
STAGES are accumulated in order TO toaad a
conclusion, that she was in the interest OF
the enemy's com nerce.
There is another reason stated by the
council Of prizes, which is aull more alarm.
ing, and ia comparison OF which, the prin.
ciples of the DEGREES ought 20 be considered
-sfa.ors ana indaigences, which is, that II
this vessel has had the good fortune to es-
care 9 the enemy's numerous crulzers, iris
because she is an enemy ship under Anne
rlcan ~colors." The unblushlng injustice
even of the imperial court, Old not hazard
the assertion. that she was a British vessel
uuder American colors. Now YOU memo
~riaIist cannot conceive a case in which an A
~raerican ship could escape condemnation
upon the principles here set up, unless the
United States can c~ontriye to drive all the
English ships into port this is the last and
weightisst reason stated in the decree OF the
council of plies.
Your mrnorialist would not have entered
into this detailed examination OF thc DEGREES,
ii It had been the act of q subordinate and
interior tribunal. Sovereigns cannot always
regulate AMI control in the FIRST instance,
the conduct Of thlIr officers butin the pre-
sent case, a direct appeal had been made TO
the Sovereign prior to the decree, aud a ia
vorable decision had been expected and pro-
missed BY the Secretary Of Foreign Affairs.
ne decision took place at Paris, by the
highest prize court, and it was confirmed
with all it's iElperfection4, and its unheard
of principles, by the Emperor himself, on
the fourteenth day of September last. Thus
sour memorialist, and the other parties con-
eerned nave been deprived of property a
mounting to eighty.hve thousand dollars as
valued ia Deomark, upon principles I'm
known to the law of nations, and which
strike at the root of all the of the
United States; for if the being in sight OF
British armed ships, and the GLIDING a visit
by them (while the sea is covered by their
eruizers) is to be conclusive evidence OF
neutral vessels being in the interest of Brit
ish commerce; and therefore, cause ofcon.