In the Case of the Ship Victory. in the Matter of the Cargo of the Ship Victory, Martha Murray, Adm. Et Al. Claimants. Before the Commissioners to Carry Into Effect the Treaty With France of July 4, 1831

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The log-book, however, not having been corrected when the police and custom-house ofticers examined it, they admitted the captain to an entry, though they supposed he had been ashore for a lawful purpose, disconnected with commerce. But as he did not go ashore at all, the case is much stronger in his favor than the French Grovernment oflicers supposed when they pronounced, by an admission to an entry, that there had hecti no violation of the 7th article of the Berlin Decree.
In point of fact th
...en, there was no violation of the letter even of the decree, as a person cannot he said either to have been in England, or to come from it, who has not been asliorc, or in tlie country at all — and in principle, there is no dilference between t!ie visit of the commander of the Lord Cochran, and the other British men of war in the Channel, and Captain Ho])kins might with as much justice be punished for a violation of the 7th article of the decree, because lie had been detained by a British man of war in the Channel, as in the open roadstead before the Plymouth harbor, he not having been ashore in either case.

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