The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-12-14


maintain the fovereignty of his country.
Hal:tax, November S, 1905.
Mr.. Editor, tte
AS the introductory decree of the court of
vice admiralty, in the cafes of the EnterpriZe,
Eugenia, Zulema, and Hamilton, will neceiIarily
affect all other neutral thips engaged in the fame
trade-and as tits a decree that may lead to
final decifon of infinite Importance, I hold
1t duty owe to my countrymen, to commu-
nicate it TO you, under the expectation that you
will give it publicity.
Thefe feveral fiips and their reflective car
goes, were charged, generally, in the allegation
of the kings advocate, to be enemy's property !;
and various grounds were adopted in fupport
of the allegation. Among the number, was A
point of national law, which the council for the
captor's thought fit TO raife, upon very loofe in
formation, extracted from letters found on board
the fhips, in relation to decree of the govern
ment of France, which prohibits the importati-
on of goods, the growth or produce of Great
Britain or her colonies.
II appeared by number of thofe letters, that
certificates of origin (as they were termed) had
been carried TO France by thoic feveral ihips,
for the purpofe of proving the growth or ma
nufa6ture of their outward cargoes.
1t appeared aifo, that unlels thofe certificates
their cargoes, would, in all probability, have
been condemned by the French government,
under the decree before newfoundland it fur
Their appeared, that the produce of the French
colonies, of which the outward cargoes chiefly
conliifed, WAS exempted from duties, on the
production of the certificates.
Upon thefe facts, it was commended, on the
part of the captors, that trade carried on to
France by neutras, under the decree in quefi-
F,,I. I'll
to for the advantage of the encmy-That the
certificate of origin was obtained conformahly
to that decree, and favoured the views of the
enemy, by rejecting all goods of Britifb growth
or manufacture, and by emitting the neutral TO
the fame exemption or reduction of duties that
would be granted to a Frenchman-and that
fuch commerce was unneutral, upon the gene
raj ground of avowed partia'ity to the known
enemy of Great Britain.
On the part of the claimants il was anfwered,
by their council, that the information refpe6tHg
the decree, as well of the certificates of orr
gin, and the duties in quettion, was extremely
garbed and incorrect that even taking the
facts for granted, it did not appear that the
courfe of trade was any other than fuch as neu-
trails, by the laws of nations, had been eHtitled
TO for ages paft that the French government
had an undoubted right to impofe any reftrieti-
ons whatever upon the imports into it's own
ports, and to admit neutrals to participation
of them upon fIch terms, as regard for its own
interef fhould dictate.
That the decree which directed the certificate
of origin was of recent date, 70 that it is vet i'm
poiiibe to afcertan what the conduct of neu-
trails refpeGiug it iail be, but that if they flould
Gill continue to carry on their commerce with
France, under the retrictions ppofed by that
decree, they would have a complete right by
the law of nations 70 to do, and would by no
means be guilty of a partiaty 70 grofs, as to a.
mount to breach of neutrality; at all events
fuppoiing the greatef mitchell to refiIlt to the
Britifh government by fuch commerce, it was
fubjett for minifterial Interpolation, but could
not be ground of legal argument, in court of
vice-admiralty.
The Judge nevertheless appeared very much
inclined to adopt in his decree, the arguments
of the kings advocate, and laid much ftrefs up
on the courfe of trade being mutual, and of its
having been reforted to by the enemy, in confc-
quence of Brtiih naval fUperiority-he admit
ted that the certificate of origin would not of
itief be fufcient cauie of condemnation and
that deciiion to this effect had been given by
their courts, at the clofe of the laft war. But
he obferved, that the decree in queftion, might
impofe certain restrictions and limitations which
if complied with, would create breach of neu-
traIity.
That il neutrals who are favouring the COM
merce of France, were allowed the fame priyi-
leges with Frenchmen by an exemption from
duties or otherwife, he could not but conhder
them in the fame light with the fuhjeGs of
France, and on that account he was delirous of
aicertaing in what reipea the courfe Of trade
now carried on with the French ports, in the
mother country, differed from the former and
cuaomary line Of commerce, he therefore di-
reaed further proof to be produced to the fol-
lowing points LIST, OF what country or CO.
Iony the outward cargoes were the growth, pro-
duce or manufacture. cd, Under what certifi-
cate were the fame admitted TO entry in the
ports of FRANCE, and whether fubjeet to foreign
or reduced duties. 81, What are the French
laws on this fuye6t, and what limitations are
jmpoied Osi return csrgoes.
AN letters Of correspondence, bills of Iadine,
and invoices Which conccrn fuch lhipment, o.