Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1835-11-10
NOVEMBER 40, 1885.

whole committee.
begin by laying before you account ofthe facts
which have given origin the claims now advanced by
the Americans.
Liberty of Commerce and Navigation to the Neutral
Powers has been always proclaimed by France She has
constantly stipulated H. since the treaty of Utrecht, in
which this liberty for the first time recognized; and
she made condition of the Treaty of Commerce and
Anty, concluded in the month of February 177S, with
the new Government ofthe United States. This treaty
(Hres % and 2i gave the authority ola positive Con
vcnton TO the two great maxims OF national law viz
that the ag he property ercept be contraLaad IF
,ear and that Me reSses efaeura oocrs may enter free
~ INTO e pOrts ef5eigce~s ercepfia case 81 e6ectire
These rules long observed In the war oc.
casioned by the Revolution, England set the example Of
their violation. and France followed it. The long mis-
understanding between the United States and France,
which was the result Of these violations, terminated
by the convention of September 30th, 1900 This
venon re- established. as far the two powers
concerned, the rules which protect the liberty of
trails By its 18th article the citizens of either
Try might sail with their ships and merchandise Contra
band goods always cxccpcd with perfect security and
Liberty to and from the ports and places of enemies 10
the other party, without any opposition disturbance
whatever unless such ports and places should be actual
ly blockaded, besieged, or invested
The 18th article says
hereby stipulated that free vessels shall have the
freedom for their goods and that every thing found
on board vessels belonging to citizens of either of the
contracting parties shall be deemed free, though
the whole cargo, any part of it, should belong To the
enemies of either, goods contruband Of war being how
ever always excepted
In order complete this charter 10 neutrals the 18th
article gives definition of eonr0hand of 1car by limit
ing only to and munitions of war; and the 18th
article required merely the exhibition of passports and
national certificates for the recognition OF the neutrality
of the vessel and the absence of what is conaband of
war from lis cargo.
The of Legitimate seizure being thus defined the
treaty established the forms by which the prizes were To
be tried by the 22d article the Courts instituted for
prize could alone take cognizance of them; the
sentences to be accompanied by expositons of
motives on which they based, and authentic
copy of the judgment and proceedings TO be given
to the captain OF the vessel seized Such the rules
which were in future to friendship between tho
two Powers Being anxious at the sane time to arrange
the difficulties growing out of their former msunder
standing, by the 4h article they agreed that property
captured and not defn,vey condemned, or which might
be captured before the exchange of the Publications.
should be reciprOcaly restored.
Some cases of Standardization, due claimed each
side were postponed by the terms of the I'd article of the
treaty. To convenient peri ,d but the American
Senate, to whom the Constitutional sanctioDing of tea
ties belongs demandedthe suppression of this clause
it alluded to the treaty of February o. l77S which the
United States would no longer acknowledge to be in
force declaring themselves exoneracdb by the nracons
OF France. The duration of this convention limited
to eight years These notifications were accepted by
the First Consul, (Buonaparte) with the reservation
however, that by the exclusion of the article relative
the respective claims IL understood that each party
renounced them However, the American Minister at
Paris continued to prosecute unsuccessfuy the claims
thus abandoned or postponed until the approach of
rupture between France and England their
recognition
The First Consul Bonaparte by the treaty of San H.
defonso, Oct. 1900 had obtained from Spain the
storation of Louisiana 10 France Whilst was in the
act of sending troops to take possession of that CooDy
by doing he took from England all hope of sei1ing
in OF war with France and moreover the advance
mcnt of the United States part of his policy,
der that they might serve as connterpoise to the pow
er of Great Britain. See History Of Louisiana, By Tie
! Marquis dc B9rJe jfqr6OiS.)
| The ccssion concluded on the Both of April 1903;
the United States were TO pay eighty millions of francs
for Louisiana, of which, however, they retain
twenty millions of the claims of their cil
against France anterior the Convention of 1860
independently of the price of cessoD commercial adj
vantages were stipulated for France The 7i article of
Tho TN
from France its colonies and laden entirely with the
productions of those countries, the same treatment
American vessels in all the ports of the territory ceded
for the space Of twelve years And the Sh article pro-
vided that forever after the xpranon of the said twelve
years. French vessels should be received in the ports of
Louisiana, the footing of the most favored nation
This Treaty had scarcely been signed, when war
broke out between France and Engand and the renew
al OF hosiues exposed neutral flags To the effects
lent For the OF the operations of our
squadrons it requisite that secrecy should be pre-.
served with regard TO their movements Secrets of bs
kind in danger of being betrayed by any vessel
whether enemy or neutral which the squadrOns night
meet on their route; the naval commanders were there
fore ordered to burn sink every vessel who
ther neutral or belonging to an enemy which might
veal the secret of their course, promising at the
time, to indemnify the OF neutral vessels
instructions If the Emperor Napoleon 10 1duiraL Ms
sirssy, dGted Mc 2OM Of Praireai, year KIN ON Jne
1867 md MOse Of The Minister Of Murine Admirat A.
demand IF the Sd Messid0r (Jue 22d.) of ye0rl
Whilst france was thus committing upon neutral YES
sells, acts of violence which excused by necessity
and by the promise of reparation England faithful 10
maxns which the demands of all civilized (pOcees ma.
TONS have induced her completely abandon was
imposing upon the navigation and of neutras
restrictions daily increasing in severity.
On the oath of June, lcU3, order of the British
Council restricted the direct between France
aud her colonies On the 9TH Of January 1904 an order
in Council declared The isles of Guadaloupc Martinique
and Curacao, in state Of blockade. The system of tic.
tliOus blockade afterwards applied continental
France. On the 10th of May, lcOG an order in Council
declared the coasts OF the French Empire om he Ebe
to Brcst in a state of blockade.
Irated by many violations oftbc rights of nations
NAPOLEON considered nj to
employ against his enemy, the which he did en-
poy and o make repriSIs in return Eos measures wor
thy of the earliest ages Of barbarsun On the 81 Of
| November, 1906, the Berlin decree was issued
This Decree attacked equally the of Great
Britain and that ofneurals. BY the Sd aud 9TH Articles
every thing belonging British subject and all goods
coming from England made good prize BY the
st 7th and 9Th Articles, the British Islands were de-
carcd in state of blockade tie ports Of France were
interdiced 81 every vessel coming directly from Eng
land its colonies, which had visited either since the
publication Of the Deccc and discovery of an nj.
tempt 10 eVade this introduction, by false decarato0.
tie vessel and cargo 10 be seized and cOnscaeda
being British property By Actice g. a court was IN.
stutcd Paris and another at Milan for the purpose Of
trying these prizrs.
on the appearance of the Berlin Decree Mr Arm
strong, the Minister Of the United States became alarm
cd for the neutrality Of the American flag, which had
been guarantcd by tbc Convention Of 800 On the
9th OF December 1906, ne the Minister of Ma
ne demanding official Interpretation Of the Decree
Of November 2i Did The Dccce infringe the Conven.
ony Ifso would seizures Of vessels, which had acted
contrary to the Decree before they informed Of il,
be held good Could American vessel be taken az
sea- merely on the proof that sine was bound for Eng.
land, coming from British port2 These the
principal questions addressed by the American Minister
| fct ,oE roh nf