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Foreign News March 26, 1812

Alexandria Daily Gazette, Commercial & Political

Alexandria, Virginia

What is this article about?

In the British Court of Admiralty, Dr. Philimore moved to introduce evidence that French decrees of Berlin and Milan had ceased, arguing for restoration of the detained American ship Female's property despite ongoing Orders in Council. Sir W. Scott rejected the application, stating cases must follow precedent until government notification.

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Full Text

In the case of the American ship Female, Cregh, master, detained for a breach of the orders in council, and brought to adjudication before the Court of Admiralty, on Tuesday last. Dr. Philimore moved the Court for permission to introduce evidence to shew that the operation of the decrees of Berlin and Milan had ceased. He stated, that if this fact could, as he was credibly informed it could, be proved, he should then think he might confidently contend before the court, that the Americans would be entitled to the restoration of their property, even though there was no formal revocation of the orders in council on the part of our government--that the ground of his argument would be, that as the orders in council were allowed to be contrary to the law of nations, and only justified as a measure of retaliation, if it could be shewed that the decrees, which they were intended to retaliate, were no longer in existence, then these orders would become ipso facto cancelled and annulled--and could have no legal validity in a court of the law of nations. The learned counsel urged the propriety of granting every indulgence to American merchants, who were trading in strict conformity to the ancient acknowledged rules of maritime law, and whose property could only be liable to confiscation, under innovations lately introduced into that law. Sir W. Scott, after enquiring whether the proofs suggested could be immediately produced, rejected the application. He thought the case in question must follow the course of the other American cases, he could not presume a revocation of the orders in council till it had been notified to him by government, and he suggested, that even if it could be shewn that the French decrees were revoked, there would still be a question of law, whether a repeal of them as to America alone, would be considered as a repeal by our government.

What sub-type of article is it?

Trade Or Commerce Diplomatic

What keywords are associated?

American Ship Female Orders In Council Court Of Admiralty Decrees Of Berlin And Milan Maritime Law Sir W Scott

What entities or persons were involved?

Dr. Philimore Sir W. Scott Cregh

Foreign News Details

Event Date

Tuesday Last

Key Persons

Dr. Philimore Sir W. Scott Cregh

Outcome

application rejected; case to follow other american cases.

Event Details

Dr. Philimore moved for permission to introduce evidence showing the operation of the decrees of Berlin and Milan had ceased, arguing that if proved, the Americans would be entitled to restoration of their property even without formal revocation of the Orders in Council, as the orders were retaliatory and would be ipso facto annulled. He urged indulgence for American merchants trading under ancient maritime law. Sir W. Scott inquired about immediate proofs, then rejected the application, stating the case must follow other American cases and he could not presume revocation without government notification; even if French decrees were revoked as to America, a question of law remained.

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