Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1826-11-07

ever. which afterwards, shared different fate.
Thirty eight were seized by order OF Napoleon, and
transported Bayoune, france, where both vessels
and cargoes were disposed of by public auction, and
The proceeds PAID into the caisse advertisement
This property was never hbclled, nor any judicial
proceedings instituted III relation TO It,
IL was evidently detained, merely waiting the issue of
political events between the United States and France
That this is the light in which the subject was viewed
by The late government of France is evident from the
following Circumstance:-Thcse caTgoes produced at
puAlc auction, fifteen million five hundred and thirty
thousand francs; the Continental duty which was levied
and paid INTO the French Custom House at Bayonue,
was eight million two hundred and thirty thousand
rancs leaving The nett proceeds OF the Cargoes (inde
pendent of the vesses) millions three Lundre
lousaUd francs, which paid into the cassc d,aot,
easement. Now the very act of levy ing COLLECTING
duty upon this property, conclusive proof that ne
Ute government of France did consider confca.
ted That the present gOrerRn,cRt does consider
that they have any claim it, equally evident from.
the following circumstances: Among tie vessels seized
at ST Sebastian, was the ship Eagle of this port The
gle had been captured in entering the port of ST. Sc
basuan; but without regard the rights of tie
capors she was seized and put under sequesti
the French government and sent 10 Bayonne where
vessel and cargo, shared the fate the rest.
The of the Prvaeer considered that if tLere
was any forfeiture ii should accrue to them: but being
doubtful upon this subject, they entered compro-
mise WIN the agents of the owners of the Eagle and
cargo who agreed to allow the captors haftLe BRO
ceeds, If they could obtain restitution for the re-
inainder, without any regard TO the justice inus
of the capture.
!
require to be confirmed by the Council of State. Ow
ing TO variety of circumstances this question was ne.
yer decided in te Council tf State, until the Goth A
prii, Logo, when tbs compromise atied by tie
Eg IN Council, and the proceeds of lie sales OF the
Eagle and her cargo, wero by ROYAL Ordinance d.
reced 10 ne divided between the capoIs and tie
oil the Eagle and her cargo, agTeeabiy the conditions
of the compromise, and the money was GcuaiFy onid
out ofthe public treasury The most important cir cum
stance however, IN this transaction is the preamble
this Royal Ordinance, copy of which is now before
me, and from which make tie following irnpor-
! tant extract:
considering, that there docs not exist in this case
ANY act pronouncing The conlseation the ship E-
gle 10 the rropt of the French Cove nment that the
simple sequestration was measure purely eff yrese-
CaHon; and could IN no manner affect the intrinsic
! "question of the validity of captrre.n
Louis the XVIII. in declaring BY this Ordinance tat
sequestra'Ion was purely measure of preservation,
and did not affect the National character of property
mas virtually liberated not only all the American pro-
Pery sequesiered at ST. Sebastian but also that seized
at Antwerp and in Holland well in II other cases
"heFe there Is 40 final condemnation
During the winter of l809lO, number of American.
vessels entered the potts of Holland direct from the L.
nited States.
/ Many ofthem were bound 10 Bremen and Tonnn-
gen. and merely put into Holland through stress ofwea
ther, during that severe winter.
notwithstanding the influence of France Holland at
that time preserved formal Independence and the
Dutch government continued nominay TO exercise the
I sovereign authority.
y state OF peace and aIniiy then subSstn0 between
The United States and Holland, the Dutch government
did not consider tseifused seizne this property
upon lis arrival On the contrary, far from adop-
ting any hostile measure, towards these vessels they
extended to those who navigatcd them, all the rights
of hospitality.
Several of their consgnees asked and obtained per-
mission 10 land their cargoes and to deposit them in
the pubic stores, III order that the vessels might be
paired.
The masters of these els we're allowed for some
time 10 retain possession of their shps' papers and in
of So of n cir
goes as was necessary TO repair tbeir vessels.
During this state OF things treaty was concluded
eiweeh Napoleon and his brother Louis King Of tIo.>
ia3G oy which Holland was incorporated into France
This treaty, which is dated the 10th March 1910
contains the following inquitous article:
AN merchandise brought into the ports of Holland
IN American vessels previous the LIST of JANUARY
1910, shall be put under sequestIation and at the Dis
PoSa OF Frances TO be deal! with Agreeable to circun.
stances ana TO the political relations between France
aud the United STAGES"
This treaty STIMULATES that The D,c,chaogjSe Which
had arrived previously Ia lie Isl January 1870 shond
De put undo luesran; but both sDs and goods as
well as several vessels and caignes which had arrived
AMER lie lst January, likewise indisc.imnateIy
seized and sold by the French authorities in HOLLAND
and Tire proceeds RENTED to Paris and paid into the
Caisse d'amoriissement. Tie cxac. Amount of the
property thus Sequesered is not precisely known.
have before LIST Of the sale of thirteen vessels
lnd ca goes winch produced two millions hundred
'nouSahd ancs but am aware that there
this list.
II was never pretended That these vessels had forfeit
ted their neutrality, violated the provisions of any
decree or law OF France. The only reason assigned
for this unrigheous proceeding was uqiting ,oL!ca!
sre9ts; and 70 war having taken place between tho
united States and France. judicial proceeding
nav ing ever been instituted against it, the claimants
have Just right TO restitution of this property even
coniormabie to the assigned for lis detenon
u TO. VIII.
10 my last noticed the ubiquitous stipulation in the,
treaty of 1870 between France and Holland by which
me latter agreed to deliver up 10 the former
large amount of property belonging 10 citizens Of The
United States, 20 which neither party had the shadow
/ oi claim IT you'd be insulting common sense to
suppose bat the Poprieors this property we're bound
by this tFcache'oGs compact.
81 all tbe dePredations committed upon orr commerce
by the powers Of Europe, surpass Ibis, in mora