Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1835-11-17
POLITICAL.
Of TIE Committee Of The French Chambers, as .qrneri-
Ciaims.-fC oScLuDED.1
CATEGORY l.
REPORT

This class comprehends 81 vessels We have reduced
the number To % for stated in the list pre- sented
These 81 may be divided into two classes.
L. Vessels destroyed in order to keep secret the
ments of French squadrons.
= Vessels destroyed for carrying prohibited
trade.
With regard the first class there be doubt of
the business of the ndemnifcation The obligation to
pair the evil you have done to another, without provoca
Ien and for your interest is founded principle
nations as well as by the civil law The vessels destroy
ed by Alemands squadron belong to this class.
As to the vessels of the second class, order to esti
mate the legality of the captures and consequent desruc
ton the DEGREES not to be taken into consideration
Tor at the dates assigned those DEGREES either not
carried into executions or had ceased have effect
reference must be had then only TO the ordinary laws of
nations
The complaint made against these vessels in the re-
pert of the nava! officers was that they employed
in carrying provisions to the enemy. Now were this
proved (and is not) still the destruction of these ves-
sells could not be justified The liberty of of
neural only liable rcstricons their vessels are
not to furnish the enemy with articles contrahand of
and they are not TO violate real blockade Were the
Americans attempting to introduce provisions into block
AIDED places! by no means the names of the ports for
which they bound disproves the allegation Are
Hour and rice articles contraband of war? To say that
they would be TO contradict the liberal principles
which France has always glored in protesting this
subject Her treaties with The United States freat of
l77S Article 81 COncenti0n Of 1900, Articles - and Ia
and her declaration of 1870, the maxms of which were
adopted by Continental Europe limit coatraband of our
to arms and munitions of and leave the trade in pro-
visions entirely free England herself in the treaty
srictve OF neutral rights which she concluded with the
united States IN 1874 declares, indeed, that
are liable to seizure but with the condition that they
10 be paid for.
Your Committee unanimous s o the admission
OF these vessels but there doubt TO the appca
ton of his rule TO four ships he Fair American, Will
liam Wilson, Citizen and Success) laden with flour,
which destroyed after the declaration of war by
the United States against Great Britain In these cases
IT said the rights of neuas longer be urged
for the United States were longer neutral but bel
igerent Power and their citizens bound not TO fur
nish provisions TO n State which their own enemy
we'll This objection might la We been serious
had the fact been ascerained but there proof of
H. no sentence OF the Prize Council Imperial decision
establishing the fact, acknowledging the right Al
though the execution preceded the sentence still the
sentence should have been pronounced. We shall
IN the next category that vessels having been burnt and
their cargoes thrown into the because the latter
of English origin the Prize Council still pronounced the
condemnation of both vessels and cargocs after their
destruction. 1t would be impossible for to other
wise for TO admit that the commander of a squadron
may, without contradiction CONTROL destroy vessel
and appropriate IFS cargo TO HIMSELF under pretencc that
it is destined for the common enemy would be cor6s
cte the rights of neutuls for the advantage Of the right
of war We have therefore retained these four vessels
CATEGORY II.
pessefs seised by rerOspeetpe application Of e Milan
DEGREES.
The Milan DEGREES were applied from the dates of
their promulgation [NooenpLcr %, and December II,
1901 Vessels sailing from the United States ON The
faith of established rules with which they conormed
and ignorant of the obligations imposed neutral
flags as conditions of having their neutrality respected,
were seized and conscated for contravenng these De-
crees of which they were uninormed.
A law is not binding, until it may be known to the
IL
law of civil law and of national law. Thus when war
breaks out between Powers neutrals can no lonper
ship their goods under The flag Of one of the begerents
OF their being made good and la wul prize by the
other But at what period does this introduction begin
When can the penalty which it sanctions, be applied?
Only 10 those cases in which the declaration of might
have been known at the time when the goods were put
on board; until shat moment the neutrality OF goods
respected under an enemy's flag This has been
the practice of all civilized nations France in particular
has always sanctioned it. Her treaties with the United
States Ireay Of l77o article Id Treaty Of 1900 7rti-
Gle l5 DECLARE that the property of neutras be
seized under enemy's flag, except when the know
ledge of the hosies may have preceded its shipment
II the free trade of ncurals be restricted by an
event OF which they are Ignorant their freedom of navi
gation cannot be restricted by law of which they
are equally ignorant In France, when The Regulation
OF t|O4 made the conditions of neutrality onerous
than before, the 18th Article of this Regulation declared
that it should not be binding until four months after s
publication In England the Orders i'm Council did not
declare vessels which conravened their provisions liable
to conscaton, until they aware them In Anne
rca the nonntrcOurse act which closed ports the
Union to French and English vessels, to be car.
rlcd into execution until eighty days after lis date
The principle which this category is based cannot
therefore, be con,ested it Acknowledged the Report
of 1914 and i'll that of the Commission of 1881 The
category being admitted, had only TO examine what
vessels to be included in it, For this purpose il
was necessary to determine what delay should a
legally allowed. The treaties with the United States
make sixty days the statements drawn up in 151 give
four months the commission of 1881 reduce il to eighty
days, in imitation Of the Nom intercourse net We have
adopted tile latter opinion.
The statement drawn up this assumption comprises
We have struck off eleven for assigned the
statement; and we have not admitted, though we have
not rejected them, four vessels the French lists for
which no claim has been brought before the American
Commission. There also four whose condemnation
appears TO have been just they been
Iecaptured from the enemy; but examination of the
Sentences of the Prize Council has shown us that their
condemnation founded only the Milan DEGREES
for although these four vessels actually for time
IN the power of the ene,ny they as prizes
but according to the 18Th article of the treaty of 794 he.
tween the United States and Great Britain, by which
Americans, as neutrals bound to depose in an
English port provisions which they might be carving
10 cneinys port they receiving, however, complete
decentralization for the same.
The vessels and carEocs mprscd in this CATEGORY are
thus reduced TO twenty seven.
CATEGORY nT
PeSscS Scizcd w TttrOSyecJe 0ypcatiOn of me Ra.
bOuttet and TTianOn Decrees
Three classes Of vessels OF cargoes may be placed in
this category, viz.
l. The cargoes scqnestered at Antwerp, in 1907
j he vessels and cargoes sequesered at Saint Sc.
basiians in the beginning Of 1910
3 The cargoes ceded by Holland to France by the
treaty Of March 10th, 1910
FfRsr Class
Cargoes seguestersd at 3pftosrD an 1907.
The cargoes sequestcred ut Antwerp do appear in
the statements drawn up underline Empire This omis.
sion was suspected at The time when the statements
we're drawn up The Commission Of 1881 noticed them.
but only conecturaiy presumed that "these cargocs
were cOmpcheuded among those seized in virtue Of the
Berlin and Milan DEGREES, enforced in Belgium. and
that hey should be placed in the rejected cateeores or
IN those comprising the exceptions; if there were YES.
sls not comprised either which were the objects
Of any sentence Of the Prize Council Of any other
decision they would form extraordinary and particular
which be vefiGod ,afcre o,;,..