The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-11-08
CVoLUME 9.

and general de'iverancc of their trade and pro.
perty from the inflittion of our fuperiour force.
and or withdrawing even their coafters from
our graip, the Spaniards had now opened to
ftran2ers, for the 6rit time, all the ont Ports "a
! we'll as the Cotif0i Of Cuba. 1t was arpueJ.
! that trade, thus formerly mouopozed by the
Spaniard' tbsInfelves, and now thrown open
merely under the preGure of hoftiity could NOT
lawfully be exercifed by neutral: That the
peutrai could not, with impunity BE allowed TO
accept fuch new and temporary privileges for
the benefit Of one heigerent and to lie preiu.
dice OF another. In proof Of the former mono.
poly OF TINS trade, arguments were ufed and
authorities cited of nearly the fame kind and
deicrptIon, as have been repeated on the pre-.
TENT location. Many of the authorities were
fich, as the court is commonly acouRomed to
bow to with implicit Difference and had the
queitton been merely as to the nature of the
trade at the periods 10 which thefc authorities
relate, the court would not have heftated to
decide Upon the information therein contained.
But adVerting, at the fame time, 10 the fluttua1
ting fate of modern Commerce, and to certain
novel infraetioUs OF ancient fyfcms, as evident
in the very public infructions of the ftate and
deeply fenfble of the great and important in.
tcreEs which might he involved in deciIion
upon the cafe II. quenion, the Court was oe o.
Pmioh that iuch a deciGcn could not be fafrly
or Correctly formed, without explicit inforrn,-
ton as to the nature Of the Spanifh colonial fvf.
ten, at the commencement of the prefeut hof-
tiities, and at this day; and il accordngly fui-
pended IFS Judgment until fiIch proof could be
Produced-for that purpofe, the period of iix
mcn.hs was allowed, OF which little more than
one half is now elapfed; whether or rot that
was too liberal an indulgence oftims, it is need
LET'S now TO confder; il was aiked on one Gde
and not objected to on the other, when fully
expired, II viii be the duty Of the court to an
ply the law; but until then, it would be bienly
'hdecorous 10 intimate any opinion either upon Y
that cafe, or any sother like it. And / have
been the more anxious to repeat 70 much ref. y
Pectias that cafe, that might add my decilivc
opinion, that if nothing exits in the prcfent
Gale to diitngulfh 1t very materially from tI,ae,
me court would bs incompetent from want of I,
information, and be guilty of a total dcreletlion
OF all coniittency, were it to pronounce at once
upon this cafe, while the other is fufpendedN- 4
IL IS material, therefore, to conGdcr the ground
on which the diftinction between the two CATS y
is maintained: That ground is, that the bcrt
OF Mstanzas, from which the Juno failed. i;
regular port Of entry, and that the port Of ca
Va1nas, whence the Adeline proceeded, is 2
dependency of HAVANA. The fact Of dcp-n-
dancy is preiumablc from the clearance of This
veiiel being granted at HAVANA but though
the clearance is from Havanna the voyage is adj.
mltted to have been from Cavannas.
The nature of this dependency is matt sr of
TACT unknown to the court, and which is vet tn
be explained to it. If it fhould appear by fucfi.
proof that the CavapnaS was 70 compctrlva
dependency of HAVANA, that foreigners going
to Havana, in time of peace, under all the
then reitrictons and limitations, could depofit
their careoes at HAVANA then go on to Cavan-
mas to load their returns, and take their clear
ances from HAVANA, have no belitation in
aying, that fuch voyage would be equally le
gal IN time of war, and that this would then be
clear cafe for rcffitution.
Bnt IT the taG ihoud turn out to be other.
vile, and 1t fhould appear that Rrangers were
allowed to to the port of Hsvanna alone, and
no where elie, in time OF peace, and that the
preient indulgence of going to Cavannas, arifcs
merely cut OF the fate ofthe war, how car, the
hngie circumttance of there being port of en-.
t'7,sor no port OF entry, dili;nguiih this fi-o,n
any OF the other out ports of Cuba BY the (
map, Matanzas and Cavannas appear to be both
equally diftant eat and wef from HAVANA.
namely about forty or fifty miles. If property
Palilng along the coat from MatanZas to Ha.
wanna, is expoied TO rifk from capture, is il NOT
equally 10 from Cayannas? Is not the openinp
one part, as well as the other, calculated 20
iuch property from danger And If
to lend hand to effect this object at one port.
rs an nnneutral Inference, isit not equally 70 az
In the courfe of this inquiry the inarnetion Of
the 24th OF June, sos, has been difcuGcd, and
IT Is iald by the claimants council, that though
the general law would not fanetion this trade vet
the inhruttion does.
The doctrine Of the general law Gmn,v :.
that a trade which was monopol;zed in tine ~
peace mutt not be thrown open during The REF
lure OF war. From the grounds on wb;ch -.
duigebce have been extended by the inGrna;.
ons, we mutt look to their hiftory, 40 thew uers
ieveraily ifued during the late war.
he general principles, it is well known. ,vcrs
laid down in the war of175s 1t is eousIlv we'll
Snowp, that IN the fncceeding war the remark.
bic policy of orr public enemy in avowing. thai.
that meainre Of opening his colonial poGcG;ons
was meant to be permanent Gan ayoyal. the
iincerfy of which was manifcited bv the G,c.
cecding peace rendered the application ofthef.
unDeceiary. Blu, nj the corn,nencs-
ment OF the Taft war with France, circnugsn.
ces having reverted to their former tste. We -
gam retotted TO our former prinrinIes srJ
the infrufton of Nnysrnbet ,@oa
was Iiued upon which, think Il NOT ,oo
much to lay, that it encouraged cur cr,;ye,s, 90
a pretty general application of the ruIe Rn,
tne american government having prefen,lv rs4
pre'cnted, that its furjefts were In time ~
peace, admitted 20 fOnie r,st;,:..u