Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1806-10-08
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tucV nAi.I sncES eAtStSu no SUCH COWmen-
tators, nor zny pcsii've conventions be
tween nations, sin The force and obi;gsi.
ons of the laws OF nations, founded ON the
immutabie principles Of Justice and mora
litv, would be equally great; but in this
latter case We could only have recourse
10 the principles Unnatural law suggested
and t,educed NY impartial reason.-i.e' us
eSanTie the Two great modem novel doc
,rines stlyareed. AID attempted ,o, he tn
forced by Grcu' Britain, by e,ther OF ,hese
standards. AID, first, as 10 her n:erd'c
;icn nf The Cclo,i;cl traie eiiher dirtetiv o,
indisecthy. Great Hri,ain contends that
neu,rals in time OF war shall no; carry on
- trade betwy ~l. The colonies of her eve
my and the mother country. which was
not lawful in time ii peace, although the
trade be bona 6le m Dso;ral account---at
Deutra! risk, apd Car neural profit.
On what authority is this extensive and
important principle t"nnded? Is there
single dietuIn IN PuRendorf-in Grotiiis
---or Vat,el which jus;ihes il ;! Is il sup.
ported by any convention explicit cr I'm
piled made between any nations Of Europe!
Have there been any usages in past wars,
maintenance " f!
To al these questions we can boldly
Jep'v. .Nose. No' a sentiment like hrs
can be found in any wriier; mr. has any
nation but Great Britain vet dared 20 of.
fer such all affront 70 Tire rights Of indie
pentcnt nations.
On the contrary, no principle can be
more clearly tied than that neutrals
may freely carry on their commerce with
beihgerept najIon. with the single yeH de-
fired exceptions OF not giving relief to an
snvessed and 6!OckaGe2 city or jorfress
nod of not supplying the enemy with
things ntherfoining 10 suar, to which has
been applied the appeilal;on of contra.
b.uG.
This privilege of neutrals is even car
Ted so far, that neutral nations have the
right to supply freely one Of the bellige..
rent nations with indictments CT T3ar, prov.
ded its usual commerce in time OF peace
consisted in supplying such articles. Ne.
yer did the qses,ion, whether the traffic
was such a one as was allowed by the bel
Iigerent nation in time of peace, applied
to any other than contrabSnd articles,
arise in any single instance, till the Bri.
fish. inspired by the same jealousy against
che Dutch in Use, as now ac'uates them
egains. The Americans chose to advance
this monstrors Coftrine.
And let me ask, what is tito Great Bri-
tain, if France or Holland should zee fit
during a war 10 relax their municipal re.
gu!ations, in favor of other nations! If
these nations supply them with none of
those articles which are denominated con
fraband Of ar, what pretext could Great
Britain have to complain OF the iDdul-
gencel The enormous AMI p,cposteruns
principles set up by TIE British courts,
would go the length 10 Say, that no nation
at war with her, could change her mum
eipai laws, could alter her coloniei reguia-
lions in lime of war. Let us examine this
point little nearer as il respects Great
Britain, and her own conduct, and see
whether IL comport with her principles.
II is well known fa0, that b. the stand
ire laws OF Great Britain, olher nations
have no right 10 supply the British colo
Eies with provisions or to carry on any
trade herewith. Particular permis
sion is however, granted in time Of
war, by proclama.ions from the governors
of shese islands, authorizing TIE i5pporta
,iors of provisions during the ex slence of
the scarcity only. Did Great Britain ever
conceive, did any o,her nation ever con.
tend, that American vessel, which carry
on this commerce were lawful prize to
,he cnemies OF Great Britain Miserable
indeed would be the situation Of the Carlb.
be Iz'ard If such construction had pre-
vailed !-Yet il must be admitted that the
cases are perfectly analogous. 1t is a
trade which the Americans were not free
10 exercise in time Of peace, and which
T.. Britain allows only on account of her
necessities in time Of war.
70 shew that this principle set up in
one case oply by the British courts in the
war OF 1856, and afterwards wholly aban-
doned till the year 1874, is not one on the
soiidity OF which the British court them
selves place any great reliance, we will
examine the history of its exercise and ex
ectHon
No one can doubt thar, with the British
power and with the British TEMPER TO main
tain all their legal maritime rights, they
have extended their principles as far
& as fast as the law oi nations would war;,
RAM.
They set up this principle Of The lille.
paiiiy OF the trade he ,yeen the colony ~