The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-10-01

cation OF their de,l2n, n rs Immediately acted
m. Vefel which are laden in this particular
way and bound to- thele particular ports, have
rot the leaf opportunity of efcaping the oper-
tion of this Ex-poR-facto law. Their COM
handlers have not the Leaf doubt bnt that they
are carrying not only regular trade, but a
trade which has been expressly fanttioned by
the Britiih government When contrary TO all
ceafonable expectation, they are detained by
3ritiih CRITTERS and carried into port for adju-
iication. They were ignorant of the very ex-
itence of the law /; they were co3fequently
prevented from taking the necefary precauti-
ons, and vet they are eSpoied to its mott RI
gorous penalties. Can this be called iuftice !!
The detention and condemnation of American
property in this way alone, will involve lofs
of property almof beyond calculation. Hun
dreds of cargoes are now atloat, which have
been fhipped and Eent forward in the fame
veiI~ls in which they were imported. The very
manner therefore of carrying this order into eff
feet betrays an aftoniihing difregard of our
rights aid of the practice of nations, and rem
ders us l.ble to an altnoit incaculabe lofs.
When we come to enquire into the Spirit of
the order itfelf, new and infurmountable OBJ
jiections rife up againf it. Thofe objections
| are Of tao kinds; thofs that apply to the mere
detention of our veflels (; and thofe which will
apply to the principle, on which they will be
| admiralty.
Each of thefe deferve fepcrate examination.
I. According to this order, there is not an
American veffel, "having on board any article
OF the growth or manufacture of airy nation At
war with Gre Britain" which is not liable to
he taken out ofits courfe, and carried into Bri-
tifh port for adjudication, whatver be the diff
lance between them. An American veliel, for
| initance, with Jingle barrel of Coffee on board
Loo, y s.A~ 4 4
out of her Courle by Brit.h privatcer, and
carried into Portfmouth for adjudication. Ex-
treme cafes of this kind would certainly be
much lefs frequent if the Admiralty court iha!l
decide, that when the captor is cat in his claim,
lie HAIL pay freight, deanu,rage and exoenes to
the American veat. To the honour of the
Britfh courts fuch was their decfion in the year
| 1898, when our veRels were detained with pro
viiions bound to France; and fuch may pro-
| badly be the decifion in the Britih ports under
| this new regulation Bot in the Brtith w.
| India ports, if we may form any anticipation
| from Observation-Disclosures vice admiralty court
| OF Naiiau, different reinlt may De reafonably
| expected. In this cafe (for which we refer our
readers to the preceding columns) the Judge,
though he determined in favourof the claimants,
was geHerOus enough to throw the COTS upon
them and yet this jultice Dyer has been
highly praiied for his inhsxible regard to iuf.
| tce.
But fiould it e1en become rule in ali the
admiralty courts of Eng land without exception,
that the claimant when defeated in his claim,
ihouo pay FRIGHT, Genmvaee, and exbe1eJ to
! the American veflels, though this would dini-
nun the number of detentions, and the lofs of
| the American merchants, fill the interruption
of their vovagewould fubjett them to coniidera-
! Bile Inconvenience & expence. The allowing of
demurrase, and freight might he fome compeu-
iation TO the American merchant or ihip-owner,
| tor the expenses 70 which he would be liable;
but they would not be any fubftitute for the
| profit which be would have made by the CONT
uance of the voyage. The ceRs allowed
in common e0nrt Of j4f;fe, are futlicient
compensation to the injured party, if they are
| fuffcent TO remhurGe him for all the Legal ex-
psneeJ which he has incurred becaufe the lofs
of time and the confequent lois of profit are 70
| 'nconliderahle, as to require no indemni6cati-
en-. But in the cafe of commercial adventure,
the consequences are vaity different. BY car
rying vetlel out of her defined route, and
dettroying the chance of her arriving in port
within certain time, the captor prevents the
merchant from benehtting by the demand of
the market, and enjoying the expected profit of
his adventure. Thisis Iofs, whichno adiudging
or demurrage, or freight or expences, is ever
fuficlent to replace.
ne consequences OF this detention are not
however confined to the owner OF the vedel or
the cargo, but they are made 10 extend ALTO to
the crew. During every war, in which the
tnghth nation has been engaged, the mott I'M
| authorized meaiures have been employed for the
impeachment of feamen but at no period has this
practice been more widely extended, than dur
ing the prefent war, which may in fatt be prin-
cIpaliy regard as war on the feas. Surely we
have no juit reafon to hope, that our own citi-
zens will be exempted to the fame niuhice
which has been 10 largely dealt out to Britlh
iuolects. We know that they have lately inn
prelied our feamen on the high feas, at the
mouth of our harbours, and in our own vef1tls {;
why !hould They're more fecure wthinthe Britiih
harbours' When the American vefels were
detained and fent into port according to the
initructons furniihed TO the Britifh crufers in
! 1913, our feamen were inpref d & Mr.. Pinck-
ney remonitrated TO Lord Grenve. WHY
Mould they expect to enjoy better fate un-
DER the Prefent regulation In the words of
MIR. Pinck1ey, therefore, ether being captured
and brought into Briti1, courts, renders our
ieamen liable TO thofe disadvantages, they
would otherwiie have avoided"
2. But the principle on which thefe veffeIs
when once detained and carried into port, are
to be eoHdSmHe6 by the courts of admiralty is no
Ieis injurious to or interefts than the a9 of de-