The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-05-24

ma,nent was absolutely to force this trade
through the French prvateers cruhny OF the
iland of Saint Domingo. The brig and the
ich'r Daih delivered their REFLECTIVE cargoes at
S,nt Mares, the Ann having foundered at fea,
and the brig on her voyage back to- New-York
with return cargo, and the hip Alert of Boi-
ton, alto armed, aud another velrl under her
protection, were captured by the Cambrian fri-
gate, and brought to Halifax for adjudication.
The two important points before mentioned
were very fully argued before Alexander Croke
-fa. Doctor of Laws, aud Judge of the Vice
Admiralty Court at Nova Scotia, civilian of
very able and diltingniihsd talents. The judge
IN giving his fentence obierved, that there
were in this cafe two circumstances of new 6,
extraordinary nature, which very properly ell
gagged his maieffy's crufer attention: Upon
The iirlt ground it appeared that neutral vcleis,
completely armed and fitted for war, had been
,lilcovcred falling on the high feas united in
CONVOY under one common plan and one COM
mon let Of innruS tions. Seif-defence, he re-
marked, was one of our mott facred and i'm
nrefcrptible rights, and upon this general
principle--nen, who fern part of any govern
,nent, are allowed to arm for their own fafety
and protection petition obvlouhy admitted
in the cafes of the Maria ard Ela'be, as had been
nronerly obfrrved by the council for the clai-
mants. 1t was not material in the prefent cafe,
whether the convoy was or was not armed by
the authority of the government of the United
States: that was quefion between the Ameri-
can government and its own citizens"
An authority, either exprels or tacit, might
he reafonably prefumed, as it was not to be
fuppofed that the fubieGts OF any country would
aa in violation of their own laws. With regard
10 the infru6tions givento the matter by his own
ers. the iadsc obferved, that although they
were in fome refpeas Objectionable, yet, taking
them collectively with the affidavits of the maj
ter and Others of the crew, who poitivey fwore
there was no intention whatever of reiiting the
fearch of Briti!h vetIels Of war, even of inferior
force, there was no ground to iuppofe that
holtiEty or refftance was intended by them.
As TO the mode of fearch, the beIligerent
had right to fend a boat on board for that pur-
pofe and if a Britih cruiZer, under any Cir
cumitance of fuipcion, had ordered the mater
OF this ihip to come on board or MIN and ne had
refufed, the Judge faid he would have held the
ve(Tel and cargo, failing under fuch inltrudons,
liable to con6fcation. But in the prelent cafe
he would ak againt whom was the infru6ions
given? Againt whom were the armament in
tended? The matter fays it was foley intend
ei againl the French, and indeed there feems
to be general reafon why the Americans fhould
have been armed in this trade, as they were
flppyng the iland ofSt. Domingo in oppoli-
Gtion to the French privateers who were COM
mlttl1T QepreQdtlOilS OH lntlT CCiiitnSTCe.
~ The Judge then remarked, &" that as by the
examination and the exhibits in the cafe, it
appeared beyond a doubt that there was an
actual necefIi,y for an armament upon fuch a
VOYAGE, and as there had been no refiftance
made or intended TO be made againa Britiih
cruiZer, he flould determine, that the whole of
the armament was lawful, although at the fame
time he would acknowledge, that this arna-
ment, lawful in itfe!f, might have been render
ed otherwife by the improper conduct ofthe
matter. Upon the fecond ground, however,
he could not but fay, that the Hip and cargo
ifood in a more perlous ftuation. 1t was not,
he obferved, an ordinary cafe of contraband.
1t vS1s the execution of contract of very
greatexten to fupply felf-elected government
with an unlawful article of the mott offenive
naturc.--The Jingle queftion, whether or not
the Illatd ofSt. DOMINGO was a French iland,
would decide the point. Particular dates and
periods NUT be reforted to. Santa Domingo o.
riginay beloaged to Spain the weitern por-
ton of it was coded to France by the treaty of
Ry(lo;ck and the ealtern part was afterwards
furrendered to that country by the Spaniards
in 1875. BY the nfurrecton of flaves againft
their matters, encouraged and inttigated by the
Jacobin government of France; a written con-
ftituton was formed under Touflaint, in 1901,
and according to that contribution recognized
by France, it was allowed to be colony of the
French government. Setting out then from this
period, as the frf ground or BATS, by what
means has it iince become Independent.
{" 1t is not becaufe the mott horrible barbara
ties that can difgrace human nature have been
wantonly perpetrated in that devoted iland by
the infatuated blacks, for the purpofe of draw
ing out or discriminating the proprietors. Might
does not conRitute right. France has all along
retained, and fill retains her right to the inand
of St. Domingo, and nothing but the prefent
war prevents her purifying the means to regain
it. Is the independence of that nlnd acknow-
lodged by France or Great-Brtai II is poiIi-
bic England may have taken a part, and altho'
according to Vattel, third parties may iuterpofe
by the law Of nations, yet the Judge conceived
it was to be regretted that an interference had
70 often taken place. The judge further re-
marked, "that no paper had been ihued from
the Britifh government declaring itfeIf in alli-
ance with the Empire of Hayt, 70 called. That
nothing appeared to warrant fuch an opinion.
The mater had ftated he believed Def1alines
was az peace, and cooperating with the Britiih
arms, bccaufe the commander of the Englilh
fchooner Of war Superior, told him 70, and be-
caufe the fecretary of De0anes had informed
him that Admiral Duckworth had dispatched
two frigates to act with Defaliues off St. Do
mngo. But the judge was of opinion, that the
whole of this evidence conlifted only of ru-
a L..