The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-12-13

Oh e ale war ,theie powers, To prevent tie cunien
oermen OF their colonies. we,e reduced to TIE neee
dty OF opening their ports Neutral veieis yet no
iooner was the war At end, but they returned to,
their old iyttetn OF monopoly, elp-cialy Spain, and
thar 70 carly the 2lft Of December, 1901, public
notice given Havanna, chat neutral th;ps could
no longer be admitted into that port. He admitted
ho~eve', that during the Lit peace, foreign vaieis
were admitted into that port, (bur other tile IL
land Of Cuba), If they carried naves, plantation tools
mill timber, hories. and fome other articles, which
ierved as fort of paport the remainder of ,hvr
cargoes fubje nevertheless pain Of conieation oil
vee,s and cargoes, If found in any degree WHATSOEVER
exceeding the reifriaops and limitations under which
iueh adntance Of foreign vese had been allowed BY
ms Catholic Majetys ieveral edias and royal orders
gwen ar Ayanss= on the 2Sth OF Feb 1885, the Path
of Nov 1871 the Sd and oath of Jan. 1898, the lith
OF Jan. the 18th and Esd of March and 18th of De-
cenb-r, 1894, the offt of May, 1885, the Ith Of
Jan. 1897 the 9Th IF April, 1898, and The lat Of
the 22d Of April, 1901 all which the learned council
read before the Court, and largely epasiated upon rhe
no,ivesby which the court of Spain in the iad lai
| mentioned royal order of the ga of April 1907,
mutt nave beennluced to leave the restrictions &C.
we're penalties upon violating the f.ine in their full
force.
That no fooner the declaration of the preient
war received at Havanna but orders were rued for
laying their own hips uuder lti& embargo the
CURES were reduced 5 per cent, and neutras were
t"u'f:y night eos7e yoh6 zV6aSer eorgoe5 they sbs
or"s and thus, lurrounded rs that iiland was by
Brtih cruzers, i, was better 1uppied in every ref
peet than in time OF peace
tiere then, iaid che Kings Advocate, he might
perhaps reit tn. and fay this hip and cargo
ought to be condemned under the law of nations up
Oh the ngie ground OF her having been engaged i'll All
| nnaccaitomed trade. But that the Kings nffrueton
Oh the Ztth OF June, 1903, had 70 much relaxed the
r'gour OF that RUE, that this veel muA eieape un-
eis could be ,hewn that the trade ihe wa. engaged
II, was not permitted by chat infru4ion.
But before he Obierved upon the inaruaion, he
! ihould tate Ionic other grounds upon which by the
laws OF nations the Juno and her cargo were fubjcS
to condemnation viz.
(" That fhe had been trading bc,we,n ,be ener,v's
ports
That ihe was employed in the enemy's coating
trade"
:" And that ihe had been guilty of grofs interpo-
| iition in the war"
Here, Mr.. WILLY cited the following cafes occur
req IN the High Court of Admiralty viz.
TIE ErS'asR!, fLs,g, matter this was the cafe of
HAMBURG fh'P, taken til. 18th of AuguH, 1899, ON
9oyage frem Hamburg TO ST. Domingo, having il,
her voyage touched 1t Bordeaux where ihe fold part
OF the goods brought from Edinburgh, and took ON
board quantity of ltores and other articles for S.
domingo, which were condemned-(Vide I'd Rob
Rep pl97)
III. Rsis, Yong, mater, an American hip going
/ oH"NeAOhDe,
ientenee the iasne-<Yide I'd Rob Rep D. 2o6).
I1e 1Ni.t'al, dnaauil., matter which was the cal.
OF an american IMP taken by the French, on voyage
from Lagura, 5pani(h fettlement to Corunna after
waEdS retaken by Bri,iih cruizer, as the captors
were carrying her to French port. The flip and
cargo were claimed for the fame perfon. The learn.
ca Judge wa Of opinion that his decree therein mu(
be guided BY the nature OF the original voyage I
'ld he on Pronouncing his Judgment, the detnati
on was diverted only in confequence Of ,s nseiOr
which the party was unable TO reii canncr conlider
as deteaiance of the original ilIegaliry, any more
'han II the dverhon had been occafonsd by the tenn
porary fury of the elements In both cafes the
| nal movement OF the veiiel mua be coniiaered 70
which It mutt be preiuned fhe would again irnmrdi-
aeeiy reeur as loon as an opportunity prelened itief
An 'at'uiion BEEN made 20 the cai. of th. Imina
Boumau, IN which the court allowed to a party the
| full benefit OF deviation voluntarily made by the
matter, upon receiving Information in the courfs Of
ms voyage that Amfterdam in Rate of blockade
here 1t was deemed not UNREASONABLE 20 allow the
act OF the matter in chaHgin. his courfe. favorab
operation respecting the cargo, conEdering that it was
taken IN voyage no longer IN the act of being pro-
eeued towards the enemys country according TO tn.
intention OF him to whom it had been confdad. The
court preiumed favoraby that the owners would have
approved ofthis deviation. But it would be coins, :;
great deal further TO fay, that the ST of foreign necei
hy TO which this vetel and cargo were irving fem,
porary iubmitiion, no longer than whilh thew were
compelled 10 to do, was to be conlidered as a total
ohcohtiuaiice and abandonment of the intended VOW
age on the part of the owners. The voyage of the
mp and cargo, when left to their own difcreron.
would nave continued the fame, aud mutt therefore
ne coniidered to be fill exiting in law, though
CONTRIBUTED IN taet by that overbearng neeey for the
moment. $50
=" But even giving the owners the benei, ofa devil
alton compelled BY hyperion force Of a party, who
ood III 40 RELATION to Them yet this deviation being
10 french port, 1t would be voyage from the colo
ny OF one enehy to the mother country of an allied
enemy; which have before held, is attended ,yi,h
undifnguihabe eonfequences as to the cargo" Con-
dembed.
Ship reAored, but fubjea to forfeiture of fregb,
and expenees-Vide Cd Rob. Rep. p. 222
i5s lime OoyotJAa, taken on voyage from CAYENNE
TO bordeaux, cargo condemned, ihip reGored with
out freight. The Judge declared that until there
mould be fome determination on that point bv RI.
hyperion court, he houd take upon himflf TO va
~ the practice which had prevailed although by 10
means iaiisied with its correctness.
iha, IN the 7Tazge 7Joras, tried before the Lords
m November, 1901, which was the cafe of A fhip co.
ing from Amiterdam to Srrnani, the court Of apeeal
Sohhderea the forfeiture to attach as lrongly on the
mp as on the cargo, aud pronounced the lp fbiea
TO contemplation, on the ground of tia iegalty OF
the trade, between the mother country aud the 60.
lony OF the enemy
me advocate general continuing, Animated tina, in
the Gales cited the vesls were goip 10 nortsin o.b