American watchman and Delaware advertiser. [volume] (Wilmington, Del.) 1822-1828, 1826-11-17
COMMUNICATED FOR THE AMERICAN WATcHMAa
FRENCH SPOLIATIONS.-NO. WI.

COMMUNICATED FOR THE AMERICAN WATERMAN
FRENCH SPOLIATIONS-NO. vi.
During the years 1909, and 1910 q number o
vessels sailed from dliferent ports of the United
States, to ST. Sebastian, and other ports in Spain,
bordering upon the Bay of Biscay.
| The vessels were all furnished with every docu
ment necessary to prove that they together with
their cargoes, were bona Gde the property of citi
zens OF the United States. In acl, the national
character of this property, does appear to have
been called in question.
! The first OF these vessels that arrived, were ad
mitied to an entry, and permission given to dispose
OF their cargoes. and to return to the United States.
Those however, which came wards, shared a
different fate.
Thirty eight were seized by order of Napoleon,
and transported 10 Bayonne, in France, where both
vessels and cargoes disposed OF by public auc
ton. and the proceeds paid into the caissc damon
basement al Paris
This properly was never lihel'ed nor any judicial
proceedings instituted, in relation to it,
1t was evidently detained, merely waiting The is.
sue OF political events between the United States
ard France. That this is the light in which the
subject was viewed BY the late government Of France
Is evident from the following circumstance: These
cargoes produced at pebble auction, fifteen million
tive hundred and thirty thousand francs the CON
'Inental duty which was levied and paid into the
French custom house at Bayonne, eight million,
two hundred and thirty thousand francs, leaving the
Ell proceeds OF The cargoes, independent OF the
vessels, seven million three hundred thousand francs
which was paid into the calssc reimbursement
Now, the very act OF levying and collecting duty
upon this property is conclusive proof that he late
government of France did not consider it conGsca-
ted. That the present government does not
slider that they have any claim 10 IT, is equally evi
dent, from the following circumstances: Among
IL c..
Eagle OF this port. The Eagle had been captured
in entering The port OF ST Sebastian; tut without
any regard TO The rights of the captors, she was
seized end put under sequcstration by the F, ench
Eoye nment and sent to Bsyonne, where vessel and
cargo, shared the same tate as The rest.
The owners Of the priyaleer considered, that If
there any forfeiture, il should accrue to them
bur being doubtful upon this subject, they entered
into compromise with the agents Of the owners Of
the Eagle and cargo. who agreed to allow the cap
tors one half OF the proceeds, II they could obtain
hrm restitution for The remainder, without any re
gard to the justice or injustice Of the capture.
BY the laws OF France, transactions o.! this nature
require 10 be co hrmed by The council OF state.
Owing to a variety of circumstances, this question
was never decided in the council OF state, until the
goth Of April, 1920, when this compromise was rat
flied by the king in council and the proceeds of the
sales OF the Eagle and her cargo. were by royal
tors and the owners Of the Eagle and her cargo
agreeabIy to the conditions OF the compromise, and
the money was actually paid out Of the public trea
sury. The most important circumstance, however,
in this transaction is the preamble 10 this royal or
dnance, copy of which is now before me, and
from which make The following most important
extract:
"Considering that there does not exist in this case
any act pronouncing the conhscation Of the ship
Eagle to the profit Of the French government tina,
the simple sequestration measure purely oil
preservation ; and could in manner affect the in
trinsc question of the validity of The capture"
Louis the XVIII in declaring by this ordinance,
tha, sequestrstion was purely a measure of preser
walton, and did affect the national character of
property, has virtually liberated, mol only all the
American property seques,errd at ST Sebastian,
but also that seized Antwerp, and in Holland.
well as in all other cases, where there no final
condemnation. FITZSIMAfONS
r,rr q M AvSTf