Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1863-10-20
Decisfen Of ahe Fr,.nch VrIbunaI ia. tae
Caso cf sas Alabama.

From the Opinions Naiiosale, Of the 25th ult,
the faIlewing highly important decision is
traaslsted:
In the eyes Of France, the NsTtksTn States
aud he Southern States Of the American Uaian
are BsLtigerspts, shat Is to say, two nations in
a state nj war
The Union. not having accepted the doeIsra-
lion ef the Congress Of Psris ab0lishing pri-
vsteeriHg, has 6 right to issue letters Of
mRrqua.
The vessel Alabams. carrying the Gag of
the Slathsrn States, cannot bs regarded as 9
pirate, but merely as a DriDGtesr since she
respects neurRls, sad makes use of force
against none bat tho enemies Of the Confed-
crates.
Esncs, the burning a. sea Ct ship and tee
merchandise It contains constitutes an act Of
WarfsTe fer which the insurers srs not response
bic without special agreement.
Upon 4he shove premises, the Judgment is
shus rendered
Whereas. By The policy of fhe IO.h Of Jan
nary last, Delmss & Lafons insured two hun
dred cases of wine destined for New York on
board Of the packet ship Olive Jane, CsPt. Hal
lock, aud whereas this insurance covered the
ordinary risks Of nsvig alton, without embracing
the risks of war, IS the parties acknowledge
Where's, In the e1urse Of her voyage from
heeH net By the steamer Alabama, carrying the
flag Of the Confederate States Of the S1uth, was
boarded, and the ship and cargo were fred, aud
the conssq quence Of this event WIS the total loss
of the merchandise belonging 10 Dslmss q La
font who considered themselves enti led 70 claim
its value from the Indemnity Insurance. comPa-
ny, in accordance With article l Of the policy Of
insurance, guaranteeing them from capture and
moleststion By pirates, IS also from the bsrrstry
of the master;
Whereas, The most interesting question Of
the suit ies IN the Interpretation to be given to
the fact in itself, and, however It may be char
acterissd, it will be Easy 20 decide whether the
Insurance is bound toward Dslmes & Lsfont,
or whether he loss encountered is outside the
risks accepted by the fsrmsr;
Whereas, The iatTieidal war between the
States of the Union is q notorious fact, and one
quite anterior 20 the signing of the policy Of
Insurance en- the I0;h of January;
And whereas, The M0nifsur, Of the 11th Of
June, 1861, Inserted in its columns declaration
BY the Emperor Of the French, of highly ia
struetivs nature, since, in stamping the struggle
with q distinctive character, il marked cut the
conduct to be observed ia respect to the States
Of the American Union, and qutlifed the States
both Of the North and the South as bolligeTents,
thas implicitly recognizing the rights of each
party to make war, after having long been faith
ful to the same principle aud having respected
the minute relations that governed them;
Whereas, This declaration Of the French Gov
srnmsnt notified the nation how to treat the
claims and pretensiOns, on both sides, Of = pso-
pie who have ceased to agree at home, sought,
in the employment Of force, q solution whieh
victory and time msy sanction;
Waersas, The commercial werld, on its part,
intensely pra-oecupied with the gravity OF the
struggle, did not mistake its consequences, and,
in its pradencs, saw danger where it deserted
war
Whereas, It was in the midst Of these well
known circumstances that Dalnss & Lsfont
did not see ft 10 guarantee their interests by an
insurance against the risk that might be created
st sea by the sudden appearance Of an Aueri-
can vessel, carrying tag different from the one
that covered their merchandise; and,
Whereas, This case having occurred, il re-
ulains to Be seen whether the Alabama is to be
considered as being merely pirate, and whether,
consequently, tae depredations committed by
her come under the category Of risks insured By
the Indemnity Company
Whereas, Piracy is distinguished by The nan
ner IN which it proceeds
Wkersas, The pirate is skimmer Of the seas,
corssir by profession, attacking indiserimin-
ztely 81 i comes across
Whsreas, 1t must be admitted that such is
net the esnduct Of ihs Alabsma, sines be des-
lroyed the property OF those only against whom
he is al war. and respects nautrsls
Where's, the adjustment Of pTivateeriug and
leter5-si-nsrque WIS proclaimed in the Deelara-
ton OF Paris Of the 30ih of March. 1861, and, in
lhst poHt Of view especially, the existence Of
privstser5 can neither be admitted nor recog-
niz3d any longer; but,
Where's, The States Of the Union remained
aloof frou that convention, and had made up
I their minds to retsin the fullness Of al their
rights by disposing Of ell the customary mesRs
OF right sRd destroy their enemy;
Whereas, By peculiar change, the first use
Of this pewer occurring since the conclusion OF
! the treaty Of Paris, is made BY them
among and against each other, thus eI-
hibitiDg an example Of human weakness
szd of the blindness Of the passions; sBd
Whereas, To nations who have thus Willed
il should be left the care Of making war as they
understand It, even by employing privateers
Whereas, If the Indemnity company does not
prove that the Alsbsma was provided with let
| tars Of aaTqus, It must be deemed that such
proof is hard TO make, since the Minister ef
Foreign Affairs, when consulted by the party
insured, hiss not even, on his side, replied in a
satisfactory manners but
Whereas, Il remains fset in the case that
the commander Of the Alabama, armed for
war, carried the Gag Of the Southern Conled
/ eTseyi
Where's, She is not disavOwed by the Con,
/ federaey
Whereas, AL her acts are directed against the
enemies Of the Confe4eTAtes, making war solely
/ for the beneft of The flag she carries
! Wheress Is is her conduct that marks hel
] out in the absence of commission, which she
was bound to exhibit to her enemies, which may
exist or may not exist matter Of more or less
| indiHsrence, IN visw OF the uss she makes of hsT
| force against the enemies OF the Confe3eTacy;
Whereas, The distinction thus established en-
sbled Us to recognize that the Alabama cannot
be considered as a pirate in tho meaning of sTHi
| ole I Of the policy Of insurance;
Where's, In so far as the reproseh Of bsTTs'
try laid to Capt. HSllock is concerned, the fac
Of h s having communicated at sea With al
American vessel belonging 10 the Northern
States, cannot be considered as constituting
grave fault sufieisBtto stamp mwith the mari
| Of bsnatry, and such communications at SCI
may sometimes prove useful; and
Whereas, Moreover, nothing proves that 4
this cause seely is to be attributed the meeting
With the Alsbsms;
Whereas, On his departure from Bordeaux, /
WAS not required Of Capt Haloek to forewau
1 the shippers against state Of things slread,
notorious, snd as we'll known to then- ss to him
it being rather the place of DelmAs & Lafonl &
fJTsses the eyentuaties of every description
which the war in the United States placed i
their way
Whereas. The exhibition of papers was forced
knd Capt Halloek, in making declaration con
trary to the truth, might have hoped that
would be believed On his word, and whereas th
falsehood in such case compromised only bis il
dividusl self. bat in 10 wise ehaT ged the fact
and the material situation of things:
Therefore, the tribunal declares DslmRs &
LafoDt noHsuited, reesses the indemnity con
pany from the charges fled against it, and End
the costs against the plsinliffs'
EarfbeFu Rfmnurea