The enquirer. [volume] (Richmond, Va.) 1804-1815, 1806-02-01

recommend the arguments which fupport it !
For Information ON theie points we cannot re- I,
fer to the well known writers on the law of
nations no iliufratioD can be obtained from
them of doctrine which they never heard of.
We NUT look for it TO an authority more mo-
dern to one which, however refpettablc for
the learning aud profcilional abilities of the
Judge wso prefides, is, nevertheless, one which,
from many considerations, is not obligatory on
other powers. In a report of the decihons of
tie court Of admiralty of this kingdom, we find
J a notice of ferries of orders illlcd by the go-
vernnent, of different dates and imports, which
have regulated this bulinefs. The firf of thsfe
bears date on the 9th oe November, 1893 |; the
fecord TN the Sth of January, 7oi the third
/ on the e5th January, 1898. Other orders have
| been il'ued hnce the commencement of the pre-
tent war. II is thefe orders which have autho-
ri!ed the fixtures that were made, at different
times, in the courfe of the lat war. and were
lately made hy Britilh cruizers Of lie yeiIels of
The United States. They too form the law
which has governed The courts in the decifons
ON the feverai cafes which have arfen under
thofe fixtures. The hsa of thefe orders pro-
hbts altogether every fpecies of Commerce he.
tween neutral countries and enemies colonies.
and between neutral aad other countries, in the
productions Of thofe colonies the fecor,t and
'nhiequent orders modify it in various forms.
| Is
the fame; 1t is contended in each that the char.
actor and juft extent of the principle is to be
round IN the hrit order, and that every depar
ture from 1t iince, has been relaxation of the
principle, not claimed of right by neutral INV
ers, hut conceded in their favor sratuitoufIv hv
G. Britain. y
In tupport Of theie orders it is urged. that "a
tue colonial trade fYtem of monopoly To the
parent country in time of peace, neutral pow
erS nave no right to participate in it in time of
war, although they be permitted fo to do hv
the parent country that belligerent has .
right to iHterditt them from fuch commerce
is on this iytem of internal reftraint, this re-
cniat'on OF colonial trade, by the power. bav.
ing colonies, that anew principle of the law of
nations is attempted to be founded one ,yh;ch
ieeksto discriminate in rcfpef 10 the commerce
ct neutral powers, with belligerent, between
different parts of the territory ofthe fame nov
er, and lIkewiie fubverts many other priucinles
OF Prea' importance, which have heretofor..
oeen held iacred amo1e nations. 1t is believed
lthat 10 Important fliperftrutture was neva,
Ira'ied on 10 flight foundation Permit mc to
ak, docs 1t follow, becaufe the parent conn.rr
incorporates in peace the whole commerce ~
ITS colonies, that in war it fhouId have no r;rht
: to regulate 1t at all? That on the contrarv {,
ihould he contributed to transfer, in eou,I ax,
tent, Alright to IFS enemy, to the prejudice of
the parent country, of the colonies, and of men
: trial powers! Ii this doctrine was found, il
wonid certainly Inititrte new and angular
mode of acquiring and loing rights one which
$ would be highly advantageous to one oar,,
while. it was equally Injurious to the other 70
, the colonies, more Especially, it would nrov.
peculiarly onerous and opprefIive Ills known
that they are efientialiy dependent for their ex
thence, on fnpplies from other countries er
pecially the United States of Americs. VIII h.
ing IN their ncighhorhood, have the msans ri
turniiiung them with grea'ea certainty. and nm
5 me hett terms. Is it not fuficcnt that thcv he
Z fuhjetled TO that reftraint in ncace u,ben ~
evils attending 1t, by the occalionaI interference
OF the parent country, may he, and are freo,.nt.
:. 'YrepaIred! is it confident with iuftice or b,.
manitv, that it ihoud be converted into q
prInclpe, IN favor of an enemy, inexor,I,Ie nj
couTlc, but oherwife without the means orGr
tening to their complaints, not for tbe;r 5;nr.
or oppreilion only, but for their DETERMINATION
But there are other infuperabic objections r.
this doctrine. Are not the colonies of ever,
country part Of its domain, and do thew no,
commune TO be 10 until they are fevered from it
by co1quclt t? Isnot the power to repuIat. com
merce incident to the fovereignty, and is II M,
> co-exteniive OYER the whole territory which an,
government poiTelfes? Can one bel!i,ereo+ ,c
CURE any right to- the territory of another but
oy conquet And can any rights which an
pertain thereto, be -otherwilc defeated or cur.
tailed in war! In whatever light, therefore. r.,
1uhiect is viewed. it appears to me evident tina,
this doctrine cannot be Imported. No dilin,qi
on, founded IN reafoD, can b. taken between
the different parts of the territory of the finn,
power to jutify it. The feparation OF one Dor.
: ton from another by the fa, gives lawfnjJv +,
the belligerent which is hyperion on that Gle
ment, vaft afcendency in al the concerns Or
which the iuccefs of the war, or the relatiy4
PROPERTY of their REFLECTIVE dominions. mn,
: in any degree depend. II opens To fiIo h ROVE,
/, ample means for its own ACKNOWLEDGMENT. anf
for the hariaiment and dinrefs of IFS advsrIayv
With thefe it ihould be fatisfed. But neitbr,
can that circHmfance, nor can anv or ;ut,yp,
: arrangement, which aay power nav ador,t e.,
the government Of its doniiuions, be conffrnsd
to give toiis enemy any other ADVANTAGE ov,,
: IT. They certainly do not iufify the doftrint
: queRion, which ailerts. that the law Of natl
, ons varies in its application TO different mott;
ons OF the territory of the fame power tb,, !,
: operates in one mode, in lrf,ect TO one. and !,
another, or even not at all, in refpect TO another
that the rights of humanity, Of neutral nov -.s
and alIother rights, are to iuk before Il.
1t is further urged that neutra! powers oueb,
not to complain of this rcftraint, becaufe the,
itand snder it, on the fame ground, with ref
itncf tn hot