The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-09-03

~ ~ NOuI1 nc ft iiiN ND.0 iintSlf
liable to prohibition in acourtof infice for a
treipafs upon hi neighbour: b. hnilar prin-
ciple, the U. S. nght grant relcafc to c.
whiit it held A. I.iponii6le for "the accciiory
offence" But lis ridiculous thus TO trsnn,e.
down The ccmprhen!ivc law of nations sy the
contracted dsciG.ns of court. GO Attorneys &
Judges, iaid aue,osuent ieSilatcr, do not decide
the fate of empIs." .-
Becanir ycisot or reliuquifhme1t Of r;yht. i'm,
Giles IN law, the RECEIPT in at?g, AID il is contra
ry 70 every principt IN jurtcrudensc Tor party to
receive Il 6ouble il,kfaston."
But what is til, fact in this cafe? The noble.
Marquis himfclf rated; to his ccun,l, that the
power d. had renspneeA and dbQnloafI.its -ich..
Indeed the very face Of the Treaty Is fuflicient
10 :how that this abandonment of RICH, was not
accompanied by any Intita7ion. Shomd Spain
therefore Lave complied with our recu;iition,
American merchants would have received f,t,f
faction or. osce for the injuries they have rece;,
ed which is certainty not eon:r4ry to- every
prnciI'e of Jurifprudtnce. Should Spain bay.
rernied, the American merchants would have
received no fatisFaaion at all, and E.rely this
"o"'o he contrary to every principle Of TURF.
prudence. = :
The principle on which we remote orr claims
IS much more fiupIe a,la much more cornprr-
henive than the deci6ons of~ourt or the dista
or lawyers. u is, that every nation is liable for
,the INJURIES which 1t fufftr6 10 De admitted with
IN itaJu'ndictoni fit has tie means both OF
Ehowi'E mad fpreventina'th This obliea-
ten aries not oniyffofn the general law Df M.
tons, but irthe cafe,of Spain II atifrs from tb
t'puations OF she'reaty II San Lcrefzo. The or
~ Gusit,on IN the prefept cafe berefnre j., Gas
Spain really fuHered her jurisdiction to be No
latea to the manitea, injury. Of tie America.
merf hants land is that injury fliIicsntly ereaf
"a entit!e thc:, to Compensation.
Had Spain merely tu:S1ered the French con-
ids toeirtt ;hemir!yea into courts of adn,ira..,,
and 10 coalGenzT cur yeGrls within her lrifdie,i.
on. there can be nc doubt that VIC ihou!,i ave
iuaained an injury, but whether it would have
ehti,ied Us 10 compensation, is a o,,effion
which does not vet appear iusici>.t!y :att,sd
by the pradioe Of nations.
lit cate. oil ieizure, Gays the !.s- Nfereatora A.
mercana) the regular and proper court to proces in
as that OF The Rate to which the captor belongs Mo-
dern fTance has aimed At 9ing forums for this mr.
pole III neutral countries, aud exerc.lnp iuriidii,r IN
me heart OF oregn and independent nations; bn, the
hiegahty ot the attempt has been eea 5hed bv ,b
determinations both ot Our aui tie BritiIb tr;,,
onnas. Sentences 70 extra uiciaiy rromul,ed. h..
ing ipvaiid pnrchlers under them conemen,,v c.n-
nor convey t'tle; and ihips :hus acquired have
~"en fe-eapt"reo been ON this principle reiored to
teir former POe3rs Cafe o. Gals and otbersvs
S.oop Bs;fey, Sup. c. U. S, 9 Dali l6.-Cafe of III
LA cye'n, | Rob. al. Rep. ma" .Ano,her Of
'he'e (br:!h) memorials, Jays Mr. Ieic,to in bic I.
'>r 20 IA. c7:Iani of May I5h 1893 complain rba,
the ccniui OF France, Char!aaon has condemr,J =,
legal pEize, Srith ve!e! captured by French fri
gate o5'-rVHg that this judicial af j, not warranted
y me maSe OF the u s. and france It is true tbst
IT 's not 10 warranted, YET by any law Of ,b land
and therefore it is mere npIi,v. On, h. rco,I.'
no court; make part in the title 70 ,be Vii
nor give TO tie purcha!er any other iecurity than a
ne weuid have had without ;t: that conference.-the
ought I" give no concern To any perfop irtereEe in
tie late Of the veaeL While we have confidcr.t .bis
TO be the proper ariger, IS bewecr, us and G. Bri.
tam oe'"e.h US and France il an act to which ~.
eannot bus Ne attentive"
Neither OF thofe quotations GOES further +L,,,
20 aifert, that no mir can accrue tn The v-nd.e
IRON ,hiS informal condemnation OF a or;ze.
''ui they tay nothing as TO the compensation
winch might We Claimed by the original owner
@. lie 'euei, nom the nation which FILTERS 20
great aa IntorniaIty TO he committed within IFS
Jurid'tnon. There is little doubt, however.
that evcI in this cafe, the nation % r. tDonGhIr
FOR the voluntary violation of It's iurifiiGtion.
Sut tic iane dou5; does not esift in the cac.
q nation, which not only fiIi'trs the prize IN
be condemned, Tut The captor 10 he fitted out
wt1'a as ports. On the duties aning from
TINS c-fc, the doctrine of our government i'm RI.
have it IN charge (ays NIr. T. TO MFR. Genet IN
his letter OF aug Tin inform, Gu that the Pref
dent eonic=TS the u S. as top5a efectuate the rem
,"9" OIL or to make e'm6egaiiss for, prizes, VIII ch
man nave been made Of any Of the parties ac war with
france inbit to the 9Th day Of June laa BY pr
vaeerS hted out oil our ports. Thai it is conlequeut
~ expected that You will cauTe rrititution to be mad
Oh all prizes taken and Brought INFO our ports by C
pn'ateer'; III dcieS of which the Prefdent conrder,
1t as incumbent upon the u STATES to INDEFINITE rho
owners Of mole prizes: The m1emsjsafos to be re-
''7brJCa BY the French raticn"
In his letter Of Sept. 5th, Mr.. Jeferfon re-
Peats me doctrine 70 Mr.. HlrHn.ond
As to prizes made under (iuoh) circumstances and
brought in after the date OF that letter 18th of Iune
the PRECEDENT determined ;iat ae neas, in chr 57,,,
mould be uied Tor tier rea;uion. IF Heic EH. as
we ihou.d not be bound BY our treaties, to make COM
eaton to the other powers, in the analogous cafe he
G'u io' NEAR 10 RIve an opinion, thai it orgbt 10 be
Saar to C. Britain"
If we maintained this doarine in the wear
1898, when u tuhie6ed us To the riik and ex-
pence OF making compensation, we may fprelv
MAINTAIN u IN the year 800, when il operates in
oar favour. 1t is iurely no bad proof of The
iultlce aud Giiin;erefednefs of our claims. that
we make no demands upon others which zye
were not willing to allow 10 mem.
Let US then apply the whole doHrine ~ the
preient tate If Spin refufcd to employ cR
tne 'neans 10 Der power to effect tie ,tqifuHo5
OF oar vetSls, when taken by French privqteers
itfed Cut I'm her porte. fte IL b,,,tud - 49, , -.