The enquirer. [volume] (Richmond, Va.) 1804-1815, 1806-01-23

4
81 peace, bur not ae.4,ik carried nv them in rim
OF peace becaue in tive OF peace actually carried
by the nation i,e,f and which taken up by foresi
NATIONS IN time Of only, in conftquence of tin
war, which, by ncrsaiiig the rik or by finding o
ther employment for lie ve4Iels and rvanen of tn,
nation isie, invites neutral traders into the defrteS
channels in both caEs, the peutral intervention
may be aid TO rs!uit fr,yn the prefure of the war
and IN hoth cafes, the .5ea is the fame to the be
Geent; nee in both cses, neutra!s carry for hin,
trade auxiliary his D oiperity and his revenue
VIM; he could no Longer carry OH for hmfelf; and
wt' 1t the iau,s time Joy libsra,ing his naval faeul-
tres Tor the rupoies or var, enable him to carry
the war; with more vig,r and effect. 1heie infer
ences cannot be impaired by any found diftnetoa
between trade OF foreigners witt, colonies, and a
trade oil Foreigners with the ports Of tine mother cou,i-
Try: Colonies, eiretaiiy when they are alto
etaer iuhieet TO the fame authority which govern,
the parent Rate, are integral parts of the fame do
''iinlon or empire. A trade. therefore, between a
colonial port and port of the parent or principal
'ate' Preciiely of the FAME nature with trade
between one aud another port Of the latter: and
TRADE between colony AMI foreign port is in ike
h'hner, preci,ey the fame with the trade between
'oie'Sh port and the parent country; which is only
.n"e 'ohhd.r"be, as aco'ony may be lef. con-
huef'.o'e part, of the fame country or empire"
AFTER Ionic preliminary remarks, the author pro-
eeehs TO examine the fundamental queCtion whe-
ther 1t be part Of the law of pations tina, trade
"upsrh! nut m tiine of peace, and opened to neu-
"''S III time OF war, account of the war; is liable
~ ",uen as trade in consraband Of war or with
o'o,kaded port, to capture and condemnation. II
WIN not he overlooked, that the principle, as thus
ia down, does not extend any os the eafes where
anew trade, though opened during war, is not o.
Penea o" account ct the war, but on coniiierations
wnich would prodnce the fame meaiure, ifn war
eNl'ed from which follows another important OBJ
'er'ation, that taking into view the probable occur
renee OF fuch conlaei atoms the fl greater proba
oiy Ola mixture of fuch with considerations deriv-
ca from the war, rhe innsiibty of d;nincuifhiny
the proportion of thefe different iugr.d;epts in tI,
mixture, with the evident lif,dyap,ay. of resdc;p
more complicated, initead of iinpi;cynp rule of
so"ouct between independent nations to be cxpo,nd
GU ana enforced by one Of the parties themelves it
"u'u ieeh TO require no great effort of candor to
acknowledge az the powerful objection in practice, to
iuen a prmc'ple, were it really embraced by the
mott ipecious theory"
The author has tried the principle in oueC.
ton. ~ vs.
tirit--by the writings NOT generally received as
the dspo!itarics and oracles oil the law Of cations:
oacondiy-by the evidence of treaties:
ih'rdiy--by the judgment of nations, other than
Great Britain;
Fcurthly-by the condua ~ c-.,, p;,,; ,
! felf; "
fithly-by the reafoning employed in favor of the
| principle"
| Under the fri head, the author very elaho-
| rafeiv runs through all the Treaties on the law
| OF nations, which have any bearing on the f,b-
lctt. He proves that Grofiu had Imported no
ofbsr exec ptionS to the freedom of neutral COM
'nerce, than IN the cafes of cun.ral,antl, block
tde and carriage of enemy's property; of
cou'ie his fL.agce was rroof that the Britifh
doctrine was then either unknown, or dire
gar''ed; and that the ver-- PRINCIPLES of eytrs,,,
\ l.
| exceptions did not apply 70 the cafes falling
within the belligerent Claim rnpported NV q
Britain. He proves that pmfFentlorf defcrves 10
DC paced In the fame fvds with Gro:ius
ofnSerIhoek WHO had treated the filbied OF
| oeilGertDt and neutral relations with more al.
tent,on than mis- two predccctiors, has eftablifb.
ed the hefIigercnt right to intercept articles on
the hit of anraband; articles TO places befeped
or blockaded; enemy's goods under the flac OF
4 friend: but does no. even glance nj the pre-.
tent gu. tlDn. From his greater attention 10
the iuoiett, his hence mutt therefore be regard
ed as more fatal to the Brililh pretenfion, than
that of Grotus. Vsttel, after having given his
definition of neutrality; after making "i,rboy.
TALLY the teft of hazyfsiurG in the conduct OF
nentrals, and the mere purilt OF their own in.
tereit, without defign to inilre any of the bel.
l'gerents, the ten of impartiality enters more
particularly on the dfcuiiion of th.. active trade
when neutral nations carry on with thofe a,
war;" and he at length comedies with Byn.
kerfhoek, Z" in eitabliiI,ug the general freedom
OF neutral commerce, with the exception o.
tnoie things relating tn the war, and in limitin.
this exception to the fcveral cafes of fuppyins
the enemy with military contraband, of trading
with places beGeged, or blockaded, and of car
rylng enemy sproperty." Mrtens, who was
protection of law in Hanoverian Univcrfitv, anc
was therefore fuhieGt of the fovereign of G.
Britain and protector under his patronage, ad
mt' only of tqvo exceptions the cafes of a con
traband OF war, ard of hlockaded or beiiegee
places. For with refped to enemy's property
IN neutral ihips, or neutral property in enemy
hips, he exempts them botb from fixture til,
hrit on the ground. "that a belligerent powe
cannot exercife hoffilites in A neutral place
and the neutral q'71;L, is a neutral place anc
tic ieeond on the ground, "that the byobsrt
belonging to neutral fubietlS" is itfef neutral
cit would have been eafy (adds our author) t.
add to- the authorities here feleeteh, other re
ipettable Jurits within the fame period Al
well as phalanx of later date, both in tn,
ionth and north of Europe but the teftimou,
: OF Grotins, Of Pufendorf. of Vattel and of Mar
tens, is more than fufIicient for the occafion
They arc the un1inaries and oracles, TO whom
the appeal is generally made by nations, VIII,
prefer an appeal to law rather than to power
an appeal which is made nv mn n,t;oo RI, r,r o., :,