Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1826-10-31
ESSAYS UPON FRENCH SPOLIA TIONS,
Filth some Observations upon the Importance OF
Commerce. By Et=simnsons, a natiye Of Penn
~s5hvania.
TUESDAY. OCTOBER 81, 1926.

The only security for the. faithful admins
tration Of justice, is an independent JUDICIARY
Napoleon, IN framing his celebrated code, Sc
parated the executive from the Judicial power,
and made the latter independent OF the former.
Intoxicated, however, with victory, * inflated
by power, he soon became too proud to submit
10 a government Of laws.
He had not long worn the imperial crown,
before he confounded the executive with the Ju-
dicial power, by uniting both in his own person.
Notwithstanding that the treaty between the
Unired States and France, (Which was concur
ded with the First Consul himself) provides,
that in all cases of property captured by either
party, the claimants shall have the beneht oil a
trial by a lawfully constituted judicial tribunal,
which alone should pronounce judgement Not
yithstanding the Berlin DEGREES declare, that all
seizures made under that Decree, should be trl-
ed bv the Council Of Prizes at Paris; yet TWEEN
ty-seven American vessels, principally laaen
with most valuable cargoes, were condemned
by the Emperor himself, ,oi:hout ecen the form
of a friak.
OF this number was the brig Sally, of this
port The Sally sailed from Philadelphia ear
" IN November, 1907. The Milan Decree was
issued on the 18th December, OF the same year.
When this vessel reached the coast OF France,
she was notified Of its blockade, under the ce-
lebrated British Orders in Council. She then
proceeded 10 England, from whence she sailed
for Holland, but was forced by stress OF weather
TO put into Flushing, where she was seized by
the French authorities, and transported to Ant
werp. :,
The cargo was disposed Of in June, 1903, and
produced about one hundred and fifty thousand
dollars.
The only evidence furnished Of her condem-
nation, is contained in a letter written by the
Minister of Finance to the Director General OF
the Custom House, of which, the following is a
copy:
81 have the honour to inform you, that by a
decision of the Soth October last, His Majesty
has ordered the con6scation of the American
vessel the Sally, and of her cargo, in conse-
ouence Of her having been forced into England
The ground therefore, OF her condemnation,
was a violation of the Milan Decree, which
was issued upwards OF a month after she sailed
from the United States.
The code Napoleon, which, with trltiing
notifications, is still the law of France-de-
clares, that private property shall never be taken
for public use, without a just indemnity; yet
the proceeds Of the Sally and her cargo, as well
as that of all Others under like circumstances,
were paid into the French treasury, and en-
ployed TO defray the public expenses OF the
government.
If his Imperial Ma esty could have consent
ed TO have been governed by his own laws, he
doubtless would not have died in exile, upon a
barren rock-An awful lesson TO all those, who,
feeling power, forget right. We do not, how
ever. wish to make war upon the dead: our bu.
siness is with the living. The hing neUer DIES;
- ,ha bair m nm estate must take It's OutlenS
with its benefits.