Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1812-06-22

| Packet, appeared to me- preposterous and UNI
| worthy course of proceeding; and to be moth
ing better than absurdly and 6aseiy employing
| the declaration of the President, that the Berlin
and Milan DEGREES had been revoked, as the
means of obtaining their revocation They
were then not revoked, or surely our, minister
would not stand in need of any means far ob-
| tanning their revocatioa. Proofs multiply on
proofs.
g The Custom-House officers of Bordeaux
commenced unlading the New-Orleans- Packet
on the 10th December and completed that work
on The Goth, as appears by their process verbal
of those dates. That of the Goth expressly de-
clares that the property to be pursued be-
fore the Imperial Council Of Prizes" the Court
OF Admiralty cat Paris, according to the de-
crees OF the 25d November, and 18th Decem
Der, 1906, or in other words under the DEGREES of
Milan" Mr.. Russelfs remonstrance sub
United tn the council of commerce, and further
proceedings against the New-orleans- Packet
suspended. " The papers Svere NOT transmitted
to thc council Of prizes, nor prosecution insti-
tuted before that tribunal which proves only
that the prosecution at law was suspended, not
that the laws were rcpealed-s' and the vessel
and cargo on the 9th of January were placed at
the disposition of the consgnees, on giving bond
to pay the estimated amount, should it defn-
lively decided that a confiscation should
take place." Recolect that this vessel voun-
tarily entered French port on the faith of the
repeal of those DEGREES. She is seized and Ii
belled under them, but after great exertion ON
the part of the American minister. he obtains
from the French government-what! Proof of
the bona fide revocation of the DEGREES Moth
ing like it. A discharge of the vessel! Not at
all-the bond represents her-she stands pedg-
ed in her full value in case she should be found
to come within the scope the law and yet
we must believe the law to be repealed! What
sort OF a release is this : Mr.. Russell makesa
merit of having &c rescued this property from
the seizure with which it had been visited"-
that is rescued IT from court Of justice and of
&c having placed it in situation more favorable
than that ofntany other vesseis and cargoes which
continued in kind mortemain, by the sus-
| pension of all proceedings in regard to them
| And this letter and case is adduced as proof Of
the repeal of the Berlin and Milan DEGREES, on
| the LIST November, 1901
| 1t is true that in postscript dated the 5th
of July Ga month subsequent to the date of
| the letter to which it is appended, and seven
1 months after his remonstranCe to the French
| government Mr.. Russell states that orders
| had been given to cancel the bond in ques-
ton. But surely this is no proof of the revo
cation of the DEGREES. Let us see what he
says on the 18th of that month. 60 Although
/ was. fully impressed with the importance
of an early decision in favor of the captured
vessels, none of which had been included IN
the list above mentioned of 10 Ameri-
can vessels whose cargoes had been admit
ted by order of the Emperor" -probably
under .license1 yet / deemed it proper to
wait for few days, before / made an appli-
cation on the subject. On the 18th howe
; yer, having learnt at the council of prizes
that no new order had been received there"
-(that on the 18th of July 1911, the French
admiralty court had no notice of the repeal
of the decrees) "I judged it to be my duty
| cilo L =
that day addressed TO the Duke of Bassano
my note with list of American vessels cap
tured since the first of November. On the
4 18th learnt that he had laid this note with
i general report before the Emperor, but
that his majesty declined taking any decisi-
on with regard to it, before it had been sub
mitted to council Of commerce"
The house would take into consideration
the distinction between the council of hriz s,
an admiralty court bound to decide accord
ing to the laws of the empire, and the coun-
Gil of commerce, which was of the nature of
board of trade; charged with the general
! superintendance of the concerns of COM
merce; occupied in deUismg regulations,
not expounding them an institution altoge-
| Their political, by no means judicial. His
majesty then determined to consult his Coun-
Gil of commerce, whether from motives of
policy he should or should not grant spe-
cial exemption from the operation of his laws.
In the same letter learning from the duke of
Bassano that "the case of the brig Good
Intent, must be carried before the Council of
Prizes" Mr.. Russell wishes to secure this
case from this "maHShiciouS mode Of fro
ceediHg :" that is, from the operation of the
law. Why ifthe law, so dreaded, was re-
pealedI
81 had from time to time (he contuues)
informed myself OF the proceedings, in re-
gard TO the captured vessels, and ascertain
ed the fact that the duke of Bassano had
made report in relation to them. The
Emperor, it appears; however, still wished
for the decision of his Council Of Com
merce." What to know if his DEGREES of
Berlin and Milan were revoked? Was his
majesty ignorant of the factS Can stronger
evidence be adduced that they were in force
or can the release (not by the courts of law,
!. but by special executive interference under
, hecuiiar circumstances, and after a long de-
tentiOn for violating those DEGREES, Of a sim
II cie UesseL, establish the fact of their repeal.
On the contrary ought not the solitary ex-
ception (grantiHg it 70 be one) to fortify the
general rule.
In passing, it was well worthy Of remark
that the French minister, being Intercepted
, BY Mr.. Russell on the subject of our future
p commercial intercourse with France, . re-
piled that no such communication would be
made at Paris, but that Mr. Serrurier would
be fully instructed on this head" The House
would recollect how much had been expect
cd from Mr. Serrurer on his arrival and how
much had been obtained. An Ex-Secretary
Of State even had the temerity to charge the
President with having compelled him to de
sist from putting any interPogatories to the