The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-12-13
Msgaa. IN P.2 Mgy. 8.
saox THE NOVA. GAZETTE.
ADMIRALTY REPORT.
Juso, PACKARD.

ADMIRALTY REPORT.
Juso, PACKARD.
TIE fayospigy sas rrbie5 kafey occurred in Pa. M
ssiyaify PIKE Court, and The deiEos upon zr5e5
nsrins yet C.aeudd,s atprars Be Of to14e6 is-
portrrse, thar assea; Of tie gyoand5 spon sV6isS
easssmnafioa srsei, sa1aos fail eesy iaseysaiag
ssanany Of yo3~ re-1y. ssl jGzn4j, amt 5isstJ ot-
portrait 70 yoar scyiS1ssai so,rssonasats ia toe "
sifed SfafsJ.
The Juno an American veiIel belonging TO
Nervport, Rhode-I1ad, from which place NE failed
in April Ian, with cargo of dry goods and provi-
hons, which Tie delivered ut Hsoannd, where ihe
took on board 10 hoghcads Of nioaiies aud l8 box
es Of iugar, with which the proceeeded tn the port
Of 1Gat4z=as, (about Is 20 leagues the eaff-
ward Of Havanna AT Matanzas fhe took on board
between 6 aud 700 boxes Of fugar, and was return
ing To Rhode Hand, when fhe vas detained by the
private chip of war NayRozssr, Ceargs Js5Jsa, com
nlander, and lent to this port.
On the elf day of June lab, the eaufe came on
to be heard before his honor Henry Me,efoa Dyer,
Elq. fole judge aud comn,dary of the Vie Admiral
ty Court.
Nm. W,yly, Efq. his majely's advocate general
md council for the captors, after admitting both fhp
and cargo be neutral property, declared that this
cewas brought before the for the expres pur-
pofe OF obtaining Judicial deciGou upon point Of
no mail importance TO Great Britain be'gerent
po&er-and it was the firf of the fort that had
woutu Hate Nflt ne took TO he IN.
e0abliihed law of nations upon this head, indeed
in the expectation of being abe offer any thing
TO the Intelligence of the court, bur in order that
thole who heard him and who ware affected by the
capture, might be convinced the cap.ors contended
TO- no than what they were uilly entitled TO.
He faid the principal Object of the European powers
in et,n colonies in other quarters of the globe was
the exeenon of the trade Of the mother country and
thus the monopoly of the colonial trade had always
been claimed by the parent Rates from the ir fettle-
ment in their colonies in other regions of the world
III 70 much that it foon became part of the public
law" Tbzt tbc p5 Of other nations zp6is6 zpeye fond
trading zvit5 e eoaies fabiet7 10 condemnation
wide Montefquieus fprit of Iaws.l And fuch a
trade being prohibited foreigners time of peace
1t followed that neutrls could lawfully engage in
II in time of 1t therefore became another fet-
tied point wide Blacks Rep p 5li " T5es if rea-
fraii ha@ss 10 eremys es!ey, .O6 all f5s priVi-
AeS Of az enez,ys Dip, and IL 5ut 4Sied and natzy1-
G=a Bs mai b. !OOii aa enszyy5 Zip, AMI ir r.
ak 10 be taken"
That upon this principle many Dutch fhips and
cargoes were condemned in the of 1885, at which
time Lord Mansfield generally preGded in our cour,
sappeals in prize eaues, whole deciions had the ref
p.a and appreciation Of all Europe.
That the American Revolution had certainly pro-
DICED comfortable relaxation in this maxim, of colo
NAL trade, for the enteprilng inhabitants of the
tries which now form the United States, having inf
nuated hemtelyes les into the trade of naoG
OF the We India colonies, the rule Of law had been
much narrowed, and it could now only be laid down
bya bclsgerent That neitra rannot iazpfi.y .ayry
Gu dy rad- yr;t5 s0eryI eaony in time o 1oar, from
zrbisb they acre eseisdruiin fins of pace"
his rale, he continued, had evidently been aGaed
npon in ltration of which he cited the
cafe Of the Emmanuel, g Robnfons Reports, p. 1917
Upon the breaking of war; it is the right of
neutrais to carry their aeeg7o@la tqH with an ex
cepon OF the particular cafes OF trade TO blockaded
places, in eontraband articles, I'm both which
cafes taeir property is liable to be condened) and of
their ihips being fubiect to vitation aud lie rch /;
in which cafe however they entitled 20 freight
and expenses do mean to fay that in the ac
cdeats Of the property of neutrasnay not be va
rIpuy en.angIed & elidangered NTH ure of human
eions is hardly poiibe tina, Inconvenience Of
this kind ihould be altogether avoided. Some peu.
trails viii he anjuily engaged in covering the goods
OF the enemy, and others will be unjuitly fufpetfrd
OF doing it thefe Inconvenience more than fully
balanced by the enlargement of their commerce the
A-ade of the beliigerant is ufuay Interrupted in
great degree, and falls in the fame degree into the
lap Of neutras But without reference TO accidents
OF the one or other, the general rule is, that the
sneutral has right to carry on, in time of war his
accuitoed trade the utnlot extent of which that
accu!tonisd trade is capable Very different is the
cafe of trade which neutral has never pofeHed
which he holds by title of ue and habit in time
OF peace, and which, in faa, can obtain in war by
no other title than by the fuece of the one beee-
rent again the other, and the expence of that very
beigerent under whole iuccefs he fets up his title
and fnch take to be the colonial trade generally
fpeasirg."
He added from the cafe of tie Emanuel lft Ro-
binien's Reports, p 299-" 1t is iaid in argument
chat this principle which applied kewife to the colo
nal trade between the Mother countries and their
plantations IN the WeG-Indies (that being equally
trade guarded by monopoly in time of peace, and
having been l;kewife occaionaly relaxed under the
Preiiura of war; has been in good meafure aban-
doned in the deciGons of the lords comnIioners of
appeal. am sot acquainted with any deciiion to
that efea: and l doubt very much whether any de-
eiliof yet made has given even an indred counte-
nance to this uppoied derelettion Of principle appa-
rently rational itfe and conformabe to all general
reaoning the lubjef. IT Is certainly true that in
the af Nvr many decoHs took place which then pro-
neunesd that fuch trade between franee and her CO.
lonles ccnidere1 as an unueuraI commerce
bur under WENT circuniitarces' IL vas undernood
that Franc in opening her colonies durng the war
declared that this done with temporary view
relative eo the war, but general aad permane MT
purpofe of altering her eoonial ytte and of admit
ting foreign velle numerically and at all tiT,ss tn
participation Of that commerce. Taking that to BE-
the fat, (ho*eyer fufpicious ms eommenee rnent
might De during the actual eriteHes Of war; there
was ground 20 fay that ueptras not CARRYING
a commerce as ordinary as any other in which they
l. \ Il II