The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-12-13

be eonldereI as Spanards by adoption, according to
the rule laid down i'll the war OF 1856, which he Ead
mutt fill be coufidered the law Of nations, u,,leis
the claimant could ihew tina, alteration had taken
place, by which this neutral trade is opeo neutral
veiles, either by Spain, time OF peace, by his
niajeilys inruGions liuce the commencement of the
war, which it would be imroIible for him to do.
That il would perhaps be iaid, that this cafe diff
fcred from that OF the Emanuel in this refpea, viz.
That the Junos 40 hogiheads Of molasles and II
boxes ct fuear, were not inenced be unladsn at
Matanzas." But, he nsiInated that the offence was
complete, it the goods laden in eIemys port
to be carried 70 asother and that, what their uti
mate detDation mghr b., could notbe made quei
ton. He LAID was clear that goods could nor be
tent, by III illegal channel, ultimate lawful def
tna,ion, e.g. Through blockaded eneny's port,
10 neutral place ; as through Amter.ian,, when
bockaded by the. kings lhps, to Embden.
SupPo'e, theie articles had been delivered at Ma
tanzas,-shat certainly would have been iiiegal-but
afrer the goods were unsden itwoud be too late to
leizc. If this ihir had right carry thee goods to
Matanzas ihe had, elle fame principle, right to
| convey the geo boxes iroa Matanzas to HAVANA
ami alter having done 10, why -, land them To
permit this, would open door endeis frauds. In
'act, 1T would either fave freight the enemy, or
make one TO the neutral ieither Of which was war
| ran;ed-and would relieve the Spaniards from diff
culties which would otherwife be ntolerable 'Fha,
it was well known, the implements TO connunics-
ton between the different ports of Cuba, were 70
great that intances had atey occurred in which of
fcers at the Spanih government, whole occafons led
| them from tho daans ports Of Cuba to HAVANA,
came to New Providence from the outports, i'll one
'cened veiiel, went or in another Havanna came
| back IN third, and returned home in fourth.
The advocate gen. here cited the cafe of the Pe-jc
! 0o-e, Nyberg MAKER, and other hips, reported by
| DIR. Robnion-Eol 4. p. l2l.
IL was, he aid,a cafe eip,ing the cargoe, of eve-
raj veileis, taken in voyage from Batavia to Copcn-
Y lCen I-l.. e.. a.. r.
Co. OF Copenhagen, proceeding in virtue of con,rasf
WINCH having been deemed unlawfulby the Judge of
the hgh court OF admiralty, the property engaged in
toe performance OF them, decreed fubet to con-
den'Haton, which entence had afterwards on appeal
been confirmed by the lords
| He read the following parts of the iudgmeu, in
that Gale, asapPlieable to he preient one {:
at has appeared i'll other cafes, as it does in there
that during the war, foreign ihips have been permit
ted TO import and export. Since the inirucfion, of
Jan. 1898, Quppoiing that thofe inruaons apply To
iettiements Isl the Ealt ndies there is no RIGHT TO
queit"n iucha trade il the vefels going to the
ports OF their own country. And il this were a finn
pie Gale Of that nature, there would be no prea. diff
icuty IN dhpoiing OF it, by the fame rule on which
other ihips 10 engaged have been retored with their
c'rsoes, appearing be bona ide Neutral property
but tins cafe GENES under different afpea. It is
not the Gale OF an individual merchant nor of a conf
pany, going TO trade the general permiiion in an
ordinary character or on common footing. IL i.
a trade, carried AN enormous extent invelted
with particular privileges, iecured by peculiar con-
tracts, and transferred from the public COMPANY to
which IT exclulively belonged, to tele individuals.
| upon an expreis Acknowledgements, underaood, and
acted upon, both iides thar it was 70 transferred
! IN order TO relieve the goods, which were confined
there by the preflure of war, and could not be deli;
VfFed oy any other practical mode The oueliop
IS, whether commerce formed with iuch views 3,
10 conducted, can be entitled neutral character
wili take 1t that there is difficulty upon the par
touar facts, of the adventure and that there i mn
objection to the iuthciency ofthe proofs Of property
aking the goods to be the property of De Coninck
the commerce neutral! Ii is poible thing that
tie commerce may not be neutral, although the pro-
percy IS; and if that is the cafe the mere neutral
ownerihiP viii not be fnficent title for reiituti
on
has been argued, that the motive does no. con-
Germ the buyers 1bdt THE n10.ioe of fbe gers IL no
thing 10 the bye,s islaid down as noiton true in the
mott Unlimited extent. l think that is advanced liz
Tie too largely becaule if the motive is dc,oled il
Poiibie tina. the duties OF neutrality NAV on the
doioiure OF iuch motive, onle new obpati-
ons IN the neutral Purchaer, arfng from his relation
to the other be!ligerens begr4FI EanA1asekeI iy of
neutrality Sezg, thai be i 10 reAevs oae 6ergeren
JT'r7 bsniefion Biz aSueyieJ fore, E.oypag tie H.
fAafiS" ct aGi,s, Ht0n ryb5 tie afeyp9.ies EFF bis G?
7c'ah ba1t fse5 7pfaee.-Neurals may not be
hound to enquire very accurately, but if it is clearly
IueiT, q by
expreis Acknowledgements, they are bound 60 take no.
tice OF II, ard regulate their condu aecordngiy If
one beligerent is i'll fate OF dilrefs created by the
iuperiorty of his enemy, and that account eves in
vations to neutrals, for other pretended reaons il
IS not neeeaary for to fay how iar the neutral is
boud to fcrutnife the truth of hofe rea(ons and to
decline, IN all cafes, bsReGlial irritation upou his
own private fura1iies
But if the beegerent come and fay, am in the
| utmoit diifreisi my enemy is all powerful without
your aiEtance, am Ion man in fuch cafe it is
an invitation, which he srnanifeaedy not at liberty
to accept Iie afford flch aliiance, withou,
being guilty. OF dre Interpolation in the war Nor
does it affea the uce Of the cafe az ALL that fuch
aiiiitanee is not given gratutouy though done ~
craqd eqaGa, itisnot efs unlawful interpoiton A
man dnss not Send eonraband out Of pure love the
| enemy, but with view of obtaining advantage TO
hmfef from the relief Of the erenny's diGrsfs fit
is found principle Of the law Of nations that YOU
are not to relieve the drefes of one bellireren, 10
the prejudice Of another any advantage that Yeu may
derive from fuch act, will make lawful The
adveriary has full right deftroy his commerce
BY his own confeiiion the adversary eaectib, this
he has the power, we'll the right, and you are
not, frcm profpe Of Advantage to yourfelf OF from
any other motive, to ftep in, every ery-out for
help and refeue him from the grippe Of his adver(ary"
The kings advocate next proceeded to G,ew that |
the trade III which the Tu1o was taken, was nor per