Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1806-02-04


he impaired by any sound distinction, De-
tween trade of foreigners with colonies,
and trade of foreigners With the, ports
of the mo,krr coantry. Colonies, more
especially>when they are altogether subject
Z TO The same authority which governs inc
parent state, are integI al parts OF the same
dominion or empire. a trade, thefetole,
. between colonial port aud a1port OF the
parent or principal state, IS precisely oi tn.
same nature-wIth trade between one ana
another port of the latter: andra trade Dc
tween colony and a foreign port is, al
like manner. precisely the same WITH the
trade between foreign port and me parent
country which is only afmore consiaefa'
bic as colonynay be less consiuela a.
Bile part of the same country or ehP'ie.
Previous 20 the late political union ol ac'
laGd with Great Britain, the tela!soh DC
tween those TWO islands was stfac'iy ana'a'
gous to the relation between Gfeat Dri'a'H
aud fhe West Indies. Was any alffefence
ever entertained between a coastihg trace
from British to q British port, ana trade
from British port 10 an Irish port; OF
between trade from a4oreign port 70 an
Irish port, and trade from foreign 20
: British port? in the nature OF mugs
and 10 the eye Of foreign nations, the cases
were'the same. If aoy difference existed
it was merely circumstantial. such as may
be incdentto all cases essentially the same 5
or merely municipal, such as may fesul,
&from those regulators OF ~trade, which all
I.sovereigns have an acknowledged right 10
make. 1t would not be unfair, therefore,
in examining he doctrine asser.edby Great
Britain, to view it in the whole extent OF
which il Is susceptible. Butthe latitude In
winch ii is avowed, and~carried into opera
ton, sufhc emily demands the serious at
l-senIion Oh all nations but more than any,
that of the United States. whose commerce
more than any is the victim TO this belliger.
ent pretension. 10 prepare the way Tor
be promised.
First. The general rule. being that the
trade between neutral and belllgerent
nation is as free as If the latter were al
peace with all nations, and the cases in
which il is not as free being exceptions,
to the genera rule, the exceptions accord.
ing TO the received maxim OF interpreta.
ton, are 10 be taken strictly against those
claiming the beue6, of the exceptions, and
lavorsbly for those claiming the benefit Of
the generatrule.
Secondly. The exceptions being fornd-
"a ri ri ~ 1p
to ordinary right, the necessity ought to
be evident and urgent. In proportion
as the necessity may be doubtful, and still
more 10 proporlica as the sacrifice OF nee"
tai interest would exceed the advantage
TO the belliger-n, the exception tails.
Thirdly. The progress ofthe law of natl.
ons, underline Influence ot'science and hu-
mainly. is mitigating the evils of war, and
diminishing the motives to it, by fasoring
The rignts of those remaining At peace, ra'
Their than OF those who enter into war. Not
only are the laws DIVA tempered between
the parties a, war, bat much also IN rela-
tiou to those at peace.
r pcating then that every bellgerent
right TO controul reu,ral commerce must
as an exception to the general freedom OF
commerce, be positively and strictly pro-
vided, and the more strictly as the exeep.
tons are in course of restriction rather
than extention, thequestion is ready tor
examination, whether i, be a part ot thr Ia"
of nauors, that atrade ordinarily shut IN
time Of peace, and opened &c nentrsis "a
time of war, is liable, as much as trade
| in con!rabaEd Of war or with b!ockaaed
port, loscap,urc and condemnation.
| IL will not be overlooked, tf1at the TE;n'
| ciple as thus laid down, dors not extend te
any Of the cases, where new trade tho
opened during awar, is net opened on &C
cot!,st of the war, but on consideration!
which would produce, the same naeasare
( if no war existed; from witch follow:
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