Alexandria gazette & advertiser. [volume] (Alexandria [D.C.]) 1822-1824, 1823-05-29
COMMERCIAL.

We now lay before our readers the
communication to which we yesterday adj
verted, relating to the operation, on our
commerce, OF the Spanish treaty of 1895.
1t will be seen, that, as we'll from The
omission of the form of pssspor, stipulated
for in that treaty, as from the controlling
Interpretation, which the l5tb article re.
ceived. IN the treaty OF 1919, (by which
among other things, the Floridas were &C.
ded, the rule Of free ships make free
goods, does not apply as we had supposed,
to French property under the American
flag. France does not acknowledge that
rule herself; and, therefore, independently
Of the difficulty about the form of pass
ports, cannot claim The benefit OF il accor-
ding to the 18th article of the treaty OF
1919. We are indebted TO the kindnes,
Of two or three friends who furnished US at
the same moment, nearly, with copies OF
the 18th article of the treaty Of 1919,
which we annex 10 the communication OF
A. B. (N. Y. american.
TO THE EDITORS OF THE AMERICAN.
Gentlemen,
observed in your paper of Saturday
that it is very correctly stated. tina! by the
stipulations of the treaty Of 1895, between
the United States and Spain, the rule of
! free ships free goods, is adopted between
the contracting parties, SO that when the
one is at war, and the other at peace, the
goods Of an enemy are TO be exempt from
capture, when carried IN the ships OF a
friend. From this provision. the infer
ence was naturally drawn, hat in the pre-
sent war between France and Spain,
French property on bo.rd Of american
| vessels, will be protected from capture by
the cruizers of Spum.-And such would
certainly seem 10 be the plain operation OF
the very words OF the 18th article OF the
Treaty, as they are quoted by 700.
But you will perceive by subsequent
article, 1.-THE i7th) that it is agreed that the
ships OF the neutral nation are TO he pro-
vided with passports, certifying the ma.
tional character, the form of svhich was 10
hare been annexed TO The Treaty, and
which would then have been conclusive
evidence OF the proprietary interest in the
ship, except (perhaps) in cases OF fraud.
That OF the cargo could not, (of course)
be inquired into; since the stipulation is,
that the neutral character of the ship shall
protect the cargo, even If the latter were
avowedly enemy's property. Now it so
happens, that 10 point OF tact, this form of
passport Meier mas ANNEXED TO the Treaty,
and it vas ratified by the Senate without
ii. Whether this happened from accident
or design, is not known, and indeed it is
quite immaterial, as the contracting par
ties have never thought fit to supply this
detect.
This single omission remained unnotc
Ell by every body, until during the late
war, ship under Spanish colours, called
the .fm,ablo Isabella, and laden with
very valuable cargo OF British property,
was captured by an American prvateer.
and brought in for adjudication. After
various proceedings in the Courts below,
the cause was brought by appeal, before
The Supreme Court OF the United States.
1t was several times argued, and at last
decided upon the ground tba! as The form
o, passport which has been stipulated to
| be annexed to the treaty OF 1895, never
was so annexed, the neutral character Of
the ship (supposing her TO be Spanish, Of
which there were very great doubts,
could not protect the cargo, which was
enemys property. The vessel, 10 ibe
case referred to, bad passport, issued by
Admiral Apodaca, Captain General Of
Cuba; there being at that time no royal
passports in the island. But the Suprene
Court determined the question indepen-
| dent Of the supposed d 'tect of Admiral
Apodaca's authority to issue The passport,
and held that even if it had been royal
passport, it could no; have the effect aitr.
buted to il, because no form had been an
nexed in the treaty as ratified by the SEN
ate; and The Court could not supply this
defect by adopting any particular form,
which might or might not have been con-
sidered sufficient by the treaty.making
power Of the country. The cargo and the
ship were, therefore, both condemned as
lawful prize.
The decision in thi. case will be found
in the 9Th vol. Of Vhsaton's reports.
By the late treaty Of 1919 between The
United States and Spain, it is agreed that
in any future war 10 which either OF the
parties might be engaged, the iuIe free
ships free goods, contained in the treaty Of
1895, shall not be applied to protect the
gooda belonging to any nation uhich does