Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1806-02-07


neutral nations, with those al war, than
tina, it be impartial between the latter;
that il saali not extend 10 articles which
ere deemed contraband OF war nor to
the transportation Of persons in military
service nor TO places actually bIockaded
or besiege6. Every other commerce of.
neutral with abelligercnt, is considered
a lawful commerce; and every other re
.'ra;nt on it to ei;hsr of the bel!igerents by
the o.hsr, an unlawful restraint.
The list OF contraband is well defined,
rs are also the circumstances which con-
s,itute blockade. The best authorities
have uni,ed in combining the first to such
articles as are used in war, and are appli-
cable to military purposes; and rcfui-
ring, TO Constitute the latter, the dispo-
si,ion of such force, consisting of stati-
onary ships, SO nearhe port, by thu pow
err which attacks i, as to make i; DANCE.
rous for the vessel OF neutral power TO
enter il. The iata treaty between Great
britain andRussia designa'es these cir.
cumstsnces cs necessary 10 constitute u
blockade, aud it is believed that it was
never viewed before in light mere e
vorahle To the invading power.
The vessel condemned were engaged
in commerce between the United States
and some port in Eu-ope,l or between
those states and the West India Islands,
belonging TO IN enemy of Great Britain.
IN the European voyage the cargo con-
s;stcd OF the predictions Of the colonies !;
~ The VOYAGE 10 the yVest-Indics, il con.
sisted of the goods ofthe power to which
tie colony belonged, and 10 which the
snip was destined. The ship and cargo
ip every case, were the property of A.
raer,can citizens, and the cargo had been
iaatstd and the duty on It paid in the u,
States, II was decided tina; these voya.
yea were continuous, and The vessels and
Cargoes we're condemned on lhe prlnc
pie that the commerce was Illegal
beg 10 refer more especially in Ibis STATE.
meet TO The case OF the Essex, and an.
: peal from the Judgment Of the vice admit
rally court, ct Newt Providence, in which
the lords commissioners ct appeals in
confrn'ing tina, judgment, established
this doctrine.
It requires hit slight view of the sub
ice, TO be satisfied that these coad-mua-
tious ere incompatible with the law OF
nations as above stated. None of the ca
SIS have involved a question of cshira
band, OF blockade, or of any other Kind
that was ever contested till Of late in II
vor of beiigerent against neutral pow.
CT. II is no. on any principle that il is
applicable TO any such case, that the
,nessire can be defended. On VIVA,
principle then is ii supported by Great
Bcitain! VIVA, is the nature and extent
of her doSliee +? What are the circum
stances which recommend the arguments
which support il For information on
these poi0ls we cannot refer To the well
known writer's on he law 81 nations no
illustration can be obtained from them ofa
doctrine which they never heard OF. We
must lock for it 30 an authority more
modern TO ore which, however rcspeSt.
able Cor the iea:ning and professional a.
bil,ies ofthe Judge who presideS, is, nev.
ertheless, one which, from many consd.
eraiicns. is no; obligatory on other now
'ers. In IA report Of the decisions of the
court os admiralty of this kingdom, we
GId notice cf series Of orders issued
by tie government, OF dif,eren, dates and
Bsi.'OAtSS HEsiia nav reg ulsicU TINS DUST
ness. The FIRST OF these BEARS date on,
the 9Th Of November, 1898: The ST. tond
on the 9Th OF January, 1894 the third on
the 25lh Isn"--y, 1898. Other or.
ders have been issued since the com
r0eacement of the present war. Il is
these orders Which have authorised the
seizures that were made, at different
times, in the course of the last war, and
were lately made by British cruizers Of
the vessels OF The United States. They
100 firm the law which has governed
the courts in the decisions on the several
cases which have arisen under those sell
cures. The FIRST OF these orders prebib
its altogether every species Of commerce
between Neutral countries and enemies
colonies, and beir cen neutral and other
countries, In the productions Of those col.
onies the second and subsequent orders
1nodiiy it in various forms. The dor.
trine, however, in every decision, is the
same; it is commended in each, that The
character asd just extent of the principIs
is 10 be found ~ the first order, ard lha,
every departure from il since, has been
arclaeaation Of The principle, not claimed
ofrightby ueutral powers, out conceded
in their favor gratui,ously by Great Brit.
an,