Rhode-Island Republican. [volume] (Newport, R.I.) 1801-1806, 1806-02-13

lnutces nc mou6 OI IL - oceaiicd III kuc Gu
clofed copy OF a letter from wherin j,
will be feen that Ame nesn vsHels and cargocs,
| after bciog condemned in Biitifh courts undeI
preseocc OF illicit commerce, are f-nt on Bnti(h
account, to the enemies Of Great Britain, IL not
TO the very port of the deitinalion interrupted
when they were American properly. What Ic-
fpctf can be claimed from othes TO doctrine
not only of 70 recent an origin, and enforced
with 70 ifre uniformity. but hich 10 10 confPi-
coouly difregaded in practice by the nation It
felf, which fands alone in contending for il
Sixthly, II is particularly worthy OF stten-
ton that the board Of commiAioncr jointly con-
fttuted by the Bniifh and American govern.
nents under the feyenih article Of the treaty q
1904. by refrrving Combinations Of the BriIiih
courts founded on the Bitiih inttfutiions OF
November. 1898. condemned the principle,
that trade forbidden 20 neutrsls 10 time OF
peace, could not be opened TO them IN time OF
Ssr on which preciie principle thefc iDftruc-
tions were founded. And ~ the revcrfsl could
be jufihed by no other authority Than the lay
OF nations, by which they were guided. the
law Of nations, according to that joint tribunal.
condemns the principle here combstted. Wheth-
er the Britiih commilfioneu concurred in thefe
reverfals does moi appear; but whether they did
or did nor, the deciGon was eqoally bincIng |;
and affords precedent which could not be DIFF
reipedted by like fucceeding tribunal, and
ought not 70 be without great weight With both
nations, in like queaions reca,iing between
them.
On thefc grounds the u. s. may jualy re-
gard the Bri,ifh captures and condempa,ions OF
neutral trade with colonies Of the enemies o!
Great Britain as violations of right ard it
resfon confitency, or that found policy which
cannot be at variance with either, be allowed
the weight which they ought 10 have, the Brinih
government will feel fuffceot motives 10 repais
the wrongs done in iuch cafes by its cruiien and
courts.
Bot. apart from this general view of the
fubjeti, refrial TO indemnify the fufeers, 10
the particular cafe of the Aurora, is deftisute
OF every pfetext becsaie. in the iecood place,
the continsity ci her voyage was clearly and
palpably broken, and the trade converted into
q new character.
II has been already noted that The Britifh re-
gulstion OF 1898, admits dired trade in time
Of war betaeca beIIigr,ent colony and neu-
trail coontry carrying on the trade |; and admits
conieqaently the legality Of the importation by
the Aurora from tie Havana TO Charleton.
Nor has II ever been pretended thar neutIal
nation has NOT a right 10 re-export to any belIi
serent country whatever foreign predictions,
not contrsband Of var which may have been du-
iy incorporated and naturaIizcd. az part Of the
commercial ftcck of The country re. exporting IL.
The quefion then TO be decided under the
Britifh regulation iiclf. is, whether ia landing
the cargo, paying the duties. and thss ~ effeetu-
ally Quality the articles for the legal confump-
tion OF the country, as il they had been its ma
tive prod uttions, they were not az the fame time
equally qualified with native productions for ex.
porstion 10 a foreign market. That foch
ought TO be the dscifion refults irseGRaby from
the following copGdefations.
q. From the refpeet which Is due to the in
sernal regulations Of every country. where they
cannot be charged with tcmporizipg par,islity
towards particular belligerent parties or win
fraudulent views towards all of them. The re-
guistions Of the u. S. on shis fubjed. muf be
free from every poflible imputation |; being not
only fair in theis appearance, but juf in their
principles. and having continued the fame DUR
ing the periods Of war, a. thry wesc 10 thofe Of
peace. II may be added that they probably cor
refpond, in every eHentiaI feature relating TO
exportaiions. with the laus Of other COMMERCIAL
SSShh1@sp ain "Nu tHoN VI otNat
Britain. The annexed outline Of them, by the
Secretary Of the Tresfury, will at once explain
their charASer, and fhew that, in the cafe OF the
Aurora. every legal requifte was duly complied
with.
2. From the impo1ibility OF fubfti-
tuting any other admi1ible criterion,
than that of landing the articles, and
otherwife qualifying them for the ufe
of the country. If this regular and
cuitomary proceeding, be not bar
rier againit further enquiries, where,
1t may be aiked, are the enquiries to
flop? BY what evidence are particu-
lar articles to be identified on the high
feas, or before a foreign tribunal If
identified, how is it to be afcertained
whether they were imported with a
view to the market at home, or to a
foreign market, or as ought always
to be prefumed, to the one or the o.
ther as it fhould happen to invite Or
if to foreign market, whether to