The evening times., 1900-03-14
FRENCH SpoLATloN CLAIMS.
A Decision I'm the Case of the VIII
liam and Mary.

a DeciHlOn in the Case OF the VII
liam md Mary.
John Randolph. Assistant Clerk OF the
Court Of Claims, has transmitted to the
Speaker OF the House of Representatives
the conclusions Of fact and OF law in the
French spoliation claims relating to the
schoOners Margaretta and William and
Mary Thomas Manning was in 1897 a
citizen Of the United States. residing in
New Hampshire, and was the owner OF a
vessel called the William and Mary. OF
Portsmouth, Of lO7 tons. This vessel sailed
from Portsmouth, n H.. June 30 1898.
bound for Martinico; was captured on July
"A. 1898. by the French privateer lie Pelle-
tier, sent to Basse-Terre. and there con-
demned by the tribunal Of commerce.
The following is an extract from the
findings Of the tribunal of commerce in
the Island of GuadelOupe:
In the name Of the French Pecple: The
tribunal OF commerce established in the
island of Guadalopue. held at -Terre.
On the said island, in its extraordinary Sit
ting Of the eighth Thermidor. sixth year OF
the French Republic. one and indivisible.
Seeing the verbal process. made at sea
OF the capture Of the American schooner
william and Mary. Benjamin Hilton, mas
ter. the sixth ThermidOr. sixth year. by
the private lie Pelletier Captain Pierre
MOunier the instruction made before the
municipal administration Of this court,
uated yesterday the analysis Of papers in
Ihe English language found on board OF the
said schooner by citizen BeTnier. sworr IN
terpreter. dated yesterday. all the said pa
rers laiG before the court. also those exam
ined.
Considering that the schooner in ques-
ton was despatched for a rebellious enc
my country tMartinicol. as il is stated by
all the papers and the declaration q the
captain in his interrogatories.
The tribunal in applying the article OF
the resolution OF the particular agents OF
the executive directory, dated the 18th
PluyiOse. 9Th year, conceived In these
terms, The vessels Of the State and the
French privateers are authorized 10 cap
ture and carry into the ports Of the Re
public the neutral vessels bound for the
windward and leeward islands OF America
delivered to the English inhabited and
defended by the emigrants. Those ports
are Martinico. St Lucia. TObagO. etc
Declares the said American schooner
William and Mary. her rigging, apparel.
and cargo good prize. In consequence. Or
ders that after inventory. the whole shall
be sold for the profit OF the captors, own
ers. and interested in the said privateer,
lie Pelletier."
The court decides as conclusions OF
law that this seizure and condemnation
were Illegal. and the owners aEd insurers
had valid claims OF indemnity upon the
( French Government prior 70 tho ratifiCa-
tIOn Of the convention between the United
States and the French Republic. couclud-
cd on the Both day Of September, 1900.
The schooner Margaretta, Aaron CrOll.
master. a registered vessel Of the United
States belonging 20 the port Of Norfolk.
/ Va. November :. 1888 sailed from that
port on Commercial voyage for the ISL
and OF Mart nique laden with a cargo OF
I flour, rice. and hogshead slaves. Moses
| Myers. a citizen Of the United States re-
siding in Norfolk. was the owner OF the
vessel and cargo. Aaron CrolI was also a
citizen OF the United States
On November %. l79S. while peacefully
pursuing this voyage. the vessel was seiz-
ed on the hll.h seas by two French pTiya-
teers, one OF which wcs L'Amour De Ia
Patrie SOulOumias. master. and take. into
/ GuadelOupe. where the vessel and cargo
were condemned and sold by decree Of the
French tribunal al Basss-Terre.
The grounds OF condemnation. as set out
I in the decree. are as follows:
Considering that said schooner was eI-
I pedited for Martinique @ territory deliy-
| cred up to the English, occupied and de-
/ Tended by emigrants.
Considering that the role d'equipage Is
I not agreeable 10 the lawful form
The court decides as conclusions OF Law
/ that the seizure and condemnation were
Illegal, and the owners and insurers had
| valid claims OF indemnity therefor upon
I the French Government prior 10 the Tati-
[ fcation of the convention between the
/ United States and France OF September
ism