Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1835-11-17

had entered Antwerp months De ore that decision
If this be not admitted, let Us see what would De the
effect OF the Berlin Decree the Antwerp carSoes-
The vessels which brought these cargoes; had been
forced to pat nto English ports; this was declared by
their caphiss. Did this cnapusnry en:ry constitute
violation Of the fictitious blockade established by the
Berlin Decree ca all the British Islands,? And was
iscaiion ltr proper consequence? According TO the
laws Of nations md diplomatic conrentlons, 'nis cannot
he pretended No capture is legal except IN case OF vio
laion oe real Llnckadc after due warning has been
given do The words OF the decree Impugn this prin
cpc 1t prononacrs various prohibitions anu applies
to caci lis penal section the meF!tIng conhsca
ton carefully defined and entry into an English port
is not given for that penalty A false de-
caraon, intended To conceal such entry. vas considered
aggavatng circumstance, which occasoned conhsca-
ton.
When The Emperor wil!eA that the fact Of having
tered English port should ie sufficient q con-
tiscation he issued the first Decree of Milan. Yorcm-
i 6r 2Sd. 1867 Up 10 that Time expulsion had been the
only prualty which could be- nliced this declared
BY the Minister Of Marine inlSG7. The Director Gc
neral ofc Cus:orI-houscs in his Report Of May 3D. 1870
formally expressed the opinion, and that oo with
| relation 10 The Antwerp cargUrs
THIS the ships sent away; no condemnation en-
sued; no prosecution was untcrtakrn Inc carEors
alone srG!rs!errd. And why! Because they
were suspected Of being English property; and they
should have proved So they would have become good
prize b. tIr terms cf The fourth article OF thu Decree.
The Director General Of the Custom houses. who IN
forms Of this s;spcion also ao.nis u, that there
autorit; for it. An inquiry ordered; the
c""sLnrcS Of the cag0cs ln;rf"gard their books
examined; ;hry forced 10 exhibit their cor
respondrncc; yet the neutral character OF tho cargocs
confirmed. Nevertheless. these cargocS were Sold
hy order Of the Emperor; but the Director General OF
the Custom houses also Informs US shat the order Tor the
sale given with view to their preservation, that
is, to avoid the loss consequent on the Spoing Ut the
goods with The reservation that the product Of the sale
should be deposited in tic CnisSr d. .lm0ri:ScmcHt
On The 2sl Of April. 1910, as appears by The letter
from the Director General of the rHiSsc 7'aorf'SSe
,sl,,,,- lp,,sp tIn
product of The sales transferred To the Treasury
The decision ordering THIS remained secret, and n" de-
mand nr cpIipr::; the subject could be made In
lcl5 AcssrS. Frliicaz and Co. Belgian commercial
hous, which had purchased The greater part Of one Of
these carynts entered claim before the ha'd Commits
SIM, which had been instituted in virtue OF the treaties
Of Paris. lis claim aLttcd, and the house rcceiv
! ed in stock Ii3 o 10 francs.
The Antwerp carrocs verc the favorte theme Of con-
plant OF the American minister tn" claims were view
cd ,:i'! desc - 81 justice to nIln; tie iaYnd9 oi The
spoIiation adnittcd.-[Lenrr Of Enron L"nS: nc
French .HnEfr Of Fiaamtc, 10 .nr. Parish. Of Mag ~
| 1871 But i; alleged to have been rendered Trcro
cable by decision Of The Emperor. What was this de-
cision: What It's purport: Il was most important
to ascertain this. A. DE- FIer III ms irtrF 10 The MI!
mister Of Foreign Affairs, Of February /, lo22 says -
Until this decision be produced. have no means ai
replying the pressing demands Of the Minister OF the
! United States. The decision was not found and CON
scqucntIy in ~ dc HcIr's opinion, the claim OF the
| United States is unanswered
f. remains then established that thu Antwerp caTg0eS
subject to confederation and That they were not
cpniscatpd II remains established. that as they were
sold UNJUST; ;"r the bcEchl oil lie STATE lhrE value
should be rrs;aled
| SEroxn CLsss.
Fessris scquestcrri M 81 S.J0st;ansin 1910:
| When the American vessels composing this class
sn!GE ed %s q FafR as R2 T V i.sE as
country. The -'0A-nh'f0nrSc -ift aiu mol apply u
them.
! Bv villa: lislt then were they sequcstrrrd: They
were seunesicrrd in virtac Of the Ranb'n'rl Decree
!-1n eo
all the vessels which had entered The ports Of Spain since
the Goth Of May. lSg?.
| ASA d.fintge measure the Raaboniliet Decree
not be Defended 4 law cannot be applied to occ"rren-
rrs which took place before that law made is
such appcainn rendered JUS, by It's being ordered
in the law n forbid rrutra!s from entering port and
10 seize them if they violate that prob:!inn is severe
tIoIrE Just measure. To keep ports "pen-t" declare
,hc,n ocn-and thr;. when neutral vessels have enter
ed them on the faith Of public authnrzatcn to MAKE
law for their seizure, would he compIet" overture" Of
the public laith pure violence would hr preferable
BIT il is urged. the Ramboni!et Decree was rrtal:a'
torv measure and as such might be retrospective in It's
oprratl"n ho,r
to ensure 10 French commerce. an eventual
for the injury which it may have sustained from the
Man, Jyycrr0ursr ir But it without thls OBJECT inc
moment that proved that no injury had been com
m,ted, and consequently no compensation was Fef"'-
site. go -.
And indeed ,hr Rambouilll Decree did not order the
vrssrs 10 he cnnlisca.ri but be srlTcscrr. rs may
be seen from ordinance of Louis l., OF Eeornay
Goth lc22 in which he says Considering that The De-
cree Of March 23d 1910, thereby ordered sc1hrSira-
,icn not cnntrmnal1;. and when the American MI
mister d,,nundrt after rr.csabsncnt OF anica!hc re-
atious what was be The fate Of the goods srfucs,eeo
the French Minister did not hesitate 10 rrPi? ''!'t Il
would be REGULATED according to the principle Of rrp'snS
Nav yhat Is the principle of reprlas, 1t Isl Thai the
condensation should be equal 10 the damages lha ''e
rrnsra,ivn should stop the limits of the Injury lt'a
son and Justice rrGurc this and expressly so stated
n-,i;,, cc,fti tine -,
T:Er H. conccrnng Letters # !HnrqHt H"d HcPrtS"t:
We therefore repeat, that no American vrSSri WIS
spiz, IN virtue Of the .NDn imsrr0nrSc 7r so no Asri'
can vessel could Lave been seized in virtue OF the RAM
bouiIlc Decree. .. r
Thr 'rrianin Decree made change III this state OF
,himrs To prove this. i! IS not even necessary ID re-
marx that the letter OF the Minister: drcaring The GOODS
which had hcn sn.rstcrsd: SUBJECT on; 10 Tie pc'-
| r rnprisals is of later late than the Decree order
n the DroGuc of The sales Lc transferred to the pup
lie treasury. The nature Of The Decree tsh s"'eI!'
f. shows This 1t IS not n'rT one OF those nfu,fS -"
,,i;.ca,iou wli afterwards took the place at Inc or-
dr-s If the Prize Council il admn!Str2t! 81 act,
o.drnr the payment of int" the treasury bn DOL
pvnr Il to the treasury. To infr from ms secret ac
s7nlaton without cause, condemnation "'ln"ut ".
fence would be in defiance oI all pTnc!phs' g;"i's |"
tie 1ranun Decree greater authority 'haH Tue Emperor
r. G.r, hc restitution demanded by the ProPrrtors OF
the car.ocs sriacsrrrd at SAINT ScoaSta' ;, vas
20 under the Empire, and was not con'rSea u''!: c
discussion az last wear on this Treaty took place H.,
class Of cIa;ms is contained the Reports of lel and
lSIa Il was declared IL o. adi'5sioie "srh, III
and go the Restoration cndcavored under the grnefa
rsryaon Of its Responsibility to fix the amount OF
The American Claims; and the Commission OF 73l no
no, HESITATE 10 allow ii. Ia tine debates of The last year,
however an Objection was raised Igams IT, sra;H cSa"
The. Treaty Of February I'D, lol' oy WHICH ''P1''' ~
| the Elor.jas TO lie United States u,
the 9Th article of this Treaty enumerases AL ln ne
Spain which the U"rd States y s asSa5Sa
' $780,, On account Of przrs made by French cruisers
within the territory and Jurisdiction Of Spain The 2'
i ;y,: The price Of this Remuneration at FIVE millions