The enquirer. [volume] (Richmond, Va.) 1804-1815, 1806-02-18
fHE XEMoT
or Tuk
MERCHANTS AND TRADERS
or TRE
CTR OF BALTIMORE.
IcoNcLuDED.l

In the war OF 1900, Inc nad TINS inCuCeTeft III Its
usmcit hrength. Independent of the commercial
rivalry, exiting between the two nations the Dutch
had excited the undfyued reieutnert OF Great Bril-
tain BY declining furniih aaaina France the fuc-
ems flipulated By treaty; by conaantly fupplying
France with naval and warlike flores, through the
medium of trade Systematically purified by the
people, and countenanced by the government; by
granting TO France early in 1857, free pafage thro
Namur and Maetrecht, for the proviiions, amn,u-
milton & artillery belongngeo the army defined aa
sganR the territories of Prua, in the neighborhood
of the law countries-and by the indifference with
which they faw Newport and Offend put into the
hands of France, by the court Of Vienna, which C.
Britain reprernted be contrary the barrier
ty and TIE treaty of Utrecht. Without entering in
the Efficiency Of thcfe grounds of difatisfaaion
which undoubtedly had great influence on the con-
duct of Great Britain, towards the Dutch. from
1857, until the peace of 76s j, is manfef that th,
very diasfaion, little Mort of difpoGton open
war. and frequently the of producing it, takes
away, in considerable degree, fro the authority
Of any pra4,ce to which it may be fuppofed to have
led, as tending efabii(h rule Of the public law
of Europe. IL may be improper obfervs. too,
that the cation occupied by G. Britain, in the Z
years war. ias proud a as any country did
...upy) compared with that of the other European
powers was not exactly calculated TO make the mea-
lures which her rtientment againft Holland, or her
views againa France might dictate peculiarly reipe6t-
full TO the general rights of neutrals In the north,
Ruiiia and Sweden were engaged in the confederacy
sSalnt Fruiha, and were of courfe entitled to no
confederation in this refpe4. The government of
Sweden was, beGdes, weak and impatient. Denmark
1t is true, took no part in the war, Blu, he did no,
fuller by the practice in queaon. ,Befides all theie
powers comhined, would have been a. nothing. a.
gzinf the naval Grength of Great Britain, in 1856.
AS Spain, fhe could have no concern In thi. ousf
ton; and at length, became Involved in the war on
the iidc OF France. Upon the whole, in the war of
1889. G. Britain had the power 20 be unjua, aud ir
rr!itbfe temptations to abur it. In tina, of l744,
her power was perhaps, equally great, but every
thing was favorable TO equity and moderation The
example afforded of t. fuhjea, therefore, by the
frtt war, has far better rifles reipe than that fur
ni0ied by the Ian.
In the American war; the practice and deciiiop,
on his Point, followed thofe of the war of ,744
The quetton brit came before the lords of appeal in
Jan. 1882, in the Danif cnfes of the Tiger Cop,nba
gen, and others, captured in 0&ober 1890, and CON-
demned in st. Kits, in December following The
grounds upon which the captors relied for condemna
ton in the Tiger, fet forth at the end of the ref
PonHents printed cafe, were for that the min,
having been trading cape Francois where none but
French ihps are allowed carry on any traffic and
have been laden, the time of the capture with tb
produce of the French part of the ilaud of St. Do
mingo, put on board at Cape Francois and both fhip
and cargo taken confeGedy coming directly from
thence, mutt (purfuant presidents in the Ike cafe,
IN the la wary TO all intens and purpoes, he deemed
fhip and goods belonging to the French or at LEAH
adopted and naturalized as fuch"
In the Coecnbage7, tie captors reafon, are thus r
ven: Firf, beeau!e it is allowed that the fhip wa,
defined with her cargo to the iland Of Guadaloupe,
and no other place
Secondly, beeavf. it is contrary 10 ID. e9gbrA.<
rrft IF efnt"al kazD, TO Admit any neutral p TO 90 to-
end trrde al" port Belonging tie colony Of an srenr,
70 .r5ies lvfb r-prai pip could net bave freely traded
ia tire of pace"
On the cd Of January, 1892, thefe e.ufe. came on
for hearing before the lords Of appeal who decreed
renitution in all of them thus in the moa folemn
and explicit manner, difavowing and rejecting the
pretended rules of the law of nations, upon which the
cap,crs relied the frit of which was literally borrow
ed from the dofrne of the of 1885, aud the laf
OF which isPreciiely that very rule ON which c. B.
now relies.
It is that in theie cafes, the judgement of tn.
lords was praounced upon ihape only Of the CO.
louy trade Of France, carried by neutraIs-that
is fay, trade between the colony of France, and
that OF the country Of the neutra hipper But "a no
diitm6ion was juppoied 20 exit in point of principle
between the different notifications of the trade and
as the judgment went upon general grounds, appca-
bic 70 the entire fubjec, iha not be thought To
its efe& and extent, when reprefent il as
complete rejection both of the doctrine of the feven
has be attempted replace it. But, a, any rate,
the fuSfequent records of the fame high tribunal did
60 that length. Without enunerating the cafe, of
various Descriptions, involving the legality of the trade
in all its modes, which were favorably adudyed by
the lords OF appeal, after the American peace it will
be uIicent mention the cafe ofthe Tyysgti.p, de.
cded by them in 1885 aud 1886. Thi, was the
cafe of a Danifh nip laden with a cargo of dry
goods and provfons, with which ihe was bound on
4 voyage from 8Ga,fsiry, TO 6iarniti7rs and Gaze
Praaeoi5, where n. to take in for Europe re.
turn cargo Of Wsa-Tndia produce. The nip was
not proceeded again but the cargo which was claim
ed for merchants of Offend, was condemned az enc
mys property asn truth was by the vice .ads,ralty
ofA1fgua, ubjet tothe psymen, Of freight, PR. rata
bint,it, or r~,ter for the whole of the outward
voY'3s On appea! the cargo the lord, of appeal
the 9th OF March, 1855, reverted the conden,na-
ton, and ordered further proof of the property to be
produced within three months. On the 2sth March,
1886, no further proof having been exhibited, and
the proctor for the claimants declaring that he ould
exhibit none, the lords condemned the cargo and
on the fans day reverted the decree below, giving
freight pro rata haeri from which the neutral maj
ter had apeaied) and decreed freight generally, and
the COTS If the appeal.
IL is inpafIible that judicial opinion eopld 90
more eone!u6vely the whole queffion than this
Pos it only difavows the pretended hl-ga!:.y Of
the neutral interpolation in that trade, even directly
n. 4 1T