Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1835-11-17
POLITICAL.
= - KEPORT
Of Tie Committee Of the French Chambers the Am:ri
can Ciuin,s.-rCoScLuDgDl
CATEGORY l..
- 80 -
Ep0RT

REPORT
" tae Committee of the French Chambers, the Ahn:ri
nClaims.-[CoxcLuDED.l
! CATEGORY l.
Vtsscis bar,lt ct Sea.
This class compartments 81 vessels. We have reduced
the number n "a for stated in the list presented
These "a may be divided into two classes.
l. Vesse destroyed in order 10 keep secret the move
mcnts OF French slnadrons.
z Vessels destroyed for carrying on a prohibited
trade
With regard the first class there be doubt of
the business the ndemniicaton. The obligation to
PAIR the evil you have done to another without rov"ca-
lion and tor your interest," is founded on principle
OF natural right Which has been sanctioned by The laws OF
nations, we'll BIZ the civil law. The vessels destroy
cd by Aemands squadron belong to this class.
AS to the vessels Of the second Glass; in order to e5s-
mate the legality Of the captures and dtst7uc'
3n the DEGREES to be taken into onsJeraton
for at Tie dates assigned those DEGREES either not
rrTlcd into execution, had ceased TO have effect
reference must be had then only 10 the ordinary laws Of
nations.
The complaint made against these vessels in the re.
p"rt OF the naval officers was. that they employed
in carrying provisions to the enemy. Now, wcre this
proved and il is not.) s the destruction of these
sells could not be justified. The liberty Ct commerce of
nrurls is only liable 10 two esctions their vessels
not furnish the cneny with articles con!abard CT war;
and they not 10 violate real blockade. Were the
Americans attempting to introduce provisions into block
AIDED places: BY means: the names Of the ports TOR
whicl they bound, dSprovrs the allegation. Are
they are would be to contradict the liberal principles
which France has always gorird in protesting this
subject Her treaties with The United States. Treaty q
IFS Article q, Contention Of 1900 articles IL and Id
and .cr declaration Of 1884, the maxims of which were
adorrd by Continental Europe, limit cOnraband Of ,c0r
and munitions of and leave The trade in pro-
visions entirely free England herself in the treaty
striciye Of neutral rights, which she concluded with the
United States in 1914, declares, indeed, that provisions
lube 10 seizure but with The condition that they
TO bcpaG for.
f,nr Committee were unanimous as TO the admission
o! rSe VESSELS but there doubt TO the applc-
ton If s rule to four ships (tle Fair American, VIII
liam Wilson, Citizen and SucccsS,) laden with Hour,
wlt were DESTROYED after the declaration Of by
The United States against Great Britain. In these cases
it said the rights Of neutras longer be urged;
for tie United States no longer neutral, but bel
igern Power: and their citizens bound no! to FUR
nis!l provisions TO State which their enemy
will This objection mi ht have been serious,
had tie fact been asccraned but there proof OF
it, sentence Of tie Prize Council Imperial decision
establishing tac fact, acknowledging the right. AL
though the execution preceded the sentence, still the
sentence should have been pronounced We shal! see
in l, next category that vessels having been burnt and
their cagoes thrown into the sea: because the latter were
of gsh origin the Prize Council still pronounced the
condemnation of both vessels and cargoes after their
destruction. 1t would be impossible for it to be other
wise; for to admit that the commander OF squadron
may, without contradiction CONTROL destroy vessel,
and appropriate It's cargo to rsct under pretence that
it is destined for the enemy would bc to curs-
c rights Of Heurlls for the advantage OF the right
OF We have therefore retained these four vessels
CATEGORY II.
FcsS sei.ed by retrosPcctire application q The i!&n
DEGREES.
The Milan DEGREES applied from the dates Of
their promul CATION, l.forcnber g. and December H.
1871 Vessels sailing from the United States on the
an isaalant Of the obligations imposed Heutral
flags conditions Of having their neutrality respected,
we're seized and conhscaed for contrayenng these De-
crpps of which thew uniformed.
A law is not binding until il may he known TO the
person 10 whom il applies. This principle of natural
law Of civil law, and Of national law nus, when war
breaks out between two Pnwers neuaiS can 10 longer
sp their goods under the flag OF one of the belgerenS,
on pain of hc. being made good and lawful prlz" by the
other But at what period does this lnterdctIon begin
When can the penalty which 1t SANCTIONS be applied
Only in those cases in which the declaration OF war might
have been known at the time when The goods were put
on board; until that moment, the neutrality OF goods Is
respected, under an cneniys Tag Tins has oten
the nracIicc of all civilized nations France in particular
has always sanctioned it. Her treaties with thc Uned
states fireatv of I'VE 7rticc II; Treaty Of 1900, 7r
Gle M declare that The property OF neutrals cannot DC
seized under enemys flag except when the Know
edre of the hos.ilites may have preceded its Shipment
II the free trade of ncutras cannot be restricted BY an
event Of which they are ignorant their freedom Of av
cation cannot be restricted by new law: OF which they
are equally ignorant In France, when The Regulation
Of 1904 made the conditions Of neutrality more oner"us
than before the 18th Article Of this Regulation decla'o'
publication In England, the Orders in Council did not
declare vessels which contravencd their provisions liable
to coniiscalion until they were aware OF them. III As
RIGA the intercourse act, which closed the ports OF The
Union to French and English vessels not To be car
red into execution until eighty days after lis date.
The principle which this cacgoryis based cannot,
therefore, be contested it is acknowledged IN the report
Of 1914 and in that Of the Commission of 1871. Inc
c,terorv being admitted we had only TO examine wiIt
vcssrls were to be included in it, For this purpose ii
WAS necessary TO determine what delay should nave been
eua!ly allowed The treaties with the United States
make il sixty days. the statements drawn up III lSf give
four months the commission OF 1851 reduce II ~ eighty
DAYS in imitation Of tie -fOiatcrc0Hrsc '7ft We nave
adopted the latter opinion.
The statement drawn up en- this aSsump!lan comprises
rorvwo vessels only three Of which are IN oai:ast~
We have struck of eleven for reasons assigned ID Tie
statement: and we have admitted, though we nave
mt rrpced them four vessels the French lists, Nr
which no claim has been broug before the AtherIcan
Commission There also four, whose condemnation
apprars 10 have been JUST they are stated y nave oe
recapturcd from the enemy; but an examination "i the
Sar;,,crs Of the Prize Council has shown Us that their
condemnation was founded only on the Milan DEGREES
for although these four vessels were actually "r ''se
in the power of the enemy, they were mol SO as prizes
I'm, occordnp 10 the 18th article Of the treaty OF Iva DC
tween the United States and Great Britain, BY which
Americans as neulrals, bound To Opposite III IN
English port provisions which they nlght be carrying
to an cnenys port they receiving, however: comps 'e
decentralization for the SANE" .
The vessels and carrUcs conpTscd IN ts ca'Eo'S 'e
thus reduced TO twenty seven.
CATEGORY III.
Yssses seized by rtlrpspcctrc application Of The RAM
bouIiet and Trianom DEGREES.
Three classes Of vessels caTgoes may be placed in
this category, viz. :: ,,o7
l. The cargocs seqnestercd at Antwerp, in lS'7.
g The vessels and cargoes seqneseEed al Sant De-
bas,an's in the beginning Of lol0
3 The cargoes ceded by Holland to France, BY the
treaty Of March l6th 1elo.
FiRsr Glass.
Cnrgoss scqucstered at .7ntrrerp in 1877.
The cergors sequestered at Antwerp do not appear IN
the statements drawn up under the Empire This oIns
SION was suspected at the time when the statements
were drawn up The Commission of 1871 noticed them