The evening times., 1900-03-14
FRENCH SPOLIaTlON CLAIMS.
A Decision i'm the Case oil the
liam and Mary.

liam and Mary.
John Randolph Assistant Clerh Vi 'H0
Court of Claims, has transmitted TO the
Speaker of the House of Representatives
the conclusions of fact and of law in the
French spoiaton claims relating TO the
schooners Margaretta and William ana
Mary Thomas Manning was in 1897
citizen of the United States, residing IN
New Hampshire, and was the owner OF
vessel called the William and Mary, OF
Portsmouth, of 1O7 tons. This vessel sailed
from Portsmouth, n. H., June 30, 1913,
bound for Martinico; was captured on July
"a, 1898, by the French prvateer 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:
I'm the name of the French People: The
tribunal OF commerce established In the
island of Guadalopue, held at Basse-Ierre'
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
dated yesterday, the analysis of papers in
the English language found on board OF the
| said schooner by citizen BeTnier, sworn in
| terpreter, dated yesterday. all the said pa
| pers laid before the court also those exam
| ined.
Considering that the schooner in ques-
! tion was despatched for rebellious enc
| my country (Martinico) as it is stated by
| all the papers and the declaration OF the
| captain in his interrogatories.
The tribunal in applying the article OF
! the resolution of the particular agents OF
! the executive directory, dated the l5tn
| Pluviose, 5th 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 Tor 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 ol
law that this seizure and condemnation
were illegal. and the owners and insurers
had valid claims OF indemnity upon the
} French Government prior 10 the ratifica-
tion of the convention between the Cnltec
States and the French Republic. conclud'
ed on the 30th day of September. 1900. =,
! The schooner Margaretta, Aaron Croll
J master, registered vessel of the United
States belonging to the port OF NoItoik
Va. November 3, 1928, sailed from ina
, port on commercial voyage for the Isl
} and OF Martinique laden with cargo o
> flour. rice. and hogshead slaves. Nose
Myers. citizen of the United States re
siding in Norfolk. was the owner OF IN
| vessel and cargo. Aaron Croll was also
citizen OF the United States.
On November 20. 1928, while peacefully
, pursuing this voyage the vessel was selz
l ed on the high seas by two French priVa
teers. one OF which was LAmour de i
Patrie Souloumias. master. and taken INT
, | Guadeloupe. where the vessel and carg
were condemned and sold by decree OF IN
French tribunal at Basse-Terre.
! The grounds of condemnation. as set ou
I, in the decree, are as follows:
! Considering that said schooner was eH
pedited for Martinique, territory deilN
cred up to the English. occupied and de
= Tended by emigrants;
. Considering that the role dequipage
{ not agreeable to the lawful form
The court decides as conclusions OF la
that the seizure and condemnation Wer
, Illegal. and the owners and insurers ma
. | valid claims of indemnity therefor upo
the French Government prior to the rat
fication of the convention between IN
! United States and France OF Septembt
| On