The enquirer. [volume] (Richmond, Va.) 1804-1815, 1806-01-28
" oLUME 2.

3ritih donnions, laneioncd by orders of council ,p
an ae OF Parliament, 80 G. s. c. 9s1 authorizing (o
bfisih iubeces direct trade with the ereny nj,
d'nef a'nnes the force OF her precautions for de-
privnig US OF the colonial trade Thus we fee in p,
oHos admiralty reports pain, that during the jal
war, tcenlsd commercial inercourfe prevailed b..
tween G'eat-britaiu and her enemies, France Strain
anu Holland, tecauie it comprehended articles ree.c
larry Tor her Manufactures and agriculture; uotwi,h.
"aui'S the effect IL had in opening vent 20 the fur
Plus productions of the others In this manner n q
iunes TO fuipend the irfelf as to particular oh
Je'S OF trade beneficial herfelf whiR I,e 6e,
tie right of the other beliiserents to fifoepd ,b;
eutomes commercial retrit9ious in favor of p.r.-.J
Dut the i'jnce and inconiit"Hey of her attemr, ~
preis :trict rule neutrals more forr:h,, AZ
ell py the nature OF the trade which is openly carried
Oil between the colonies of Great Brtain and Sri, -
tha Wei- Indies. The mode of it is detailed !, IL
cnclo'ed copy of letter from '''e
wherein it will be ieen that American ver,s and ~
goes alter being condemned in Brtiih co,,ts ms.
pretence of Illicit Commerce, are E,pt on Rr;.;r
COUNT to the enemies OF Great Britain if nor -, .b
very port OF the detination interrupted who, 81
were american property. What refre,f "a, u
Canned from Others to doctrine LOT ONLY oe r. -
cent an origin, and enforced with 70 t,. IN o-,;,,.
but which is 10 con!peuouly diireraraea r, ,r;y'
by the nationitelf, which itands alone II,
for iii >o''eH8'HS
Sixthiy, IT is particularly worthy Of a;,ept;o, h
,e BOARD Of conlmihoners jointly conitituted hv tb
h'.'''h ana American governments under the f,s,,
article OF the rraty ei 1894. by reverfrg eone,a.
""s VI 'le htathn courts founded on the Br;t;g M
hructons OF November, 1893, Condemned IT, 80:
PIE, thar trade forbidden TO r,ru,rals in ,;, -
could not be opened to them in t,.ic Of war IN -
Preciie principle thefe iDlrucl ions were
a the reverfa could be afified by no otber ,uth;
man the law OF nations, hy which they were p,,;,s
the law Oh nations, according that Joint tr,,n,l
condemns the principle here conbared u,L.t'
the Brltlih commiiiioners corrur-aJ =
does not appear; but whether they did or d;d ~,
the deeion was equally binding; and :,go-ds !. So
cedrnt which could not be diirelpecied b. lie a..
eeedlng tribunal, and ought to be withou, c..
~eishF with both nations in ike quelions rec,,s;n,e
between them.
On tlleie grounds The United Statrs nav :,.o,
gard the Briti!h captures and coRdenIpat;nps ,f
trai trace with colonies Of the enemies of Cra.,r
tam as violations OF right and if reaion corfi,l,
or that found pniey which cannot be at variance 81;
e'her' DC alo" ed the weight which they ougAt 10
rave the bFitiih government will feel fuEc;enr NJ
tves torepar the wrongs done in tuch eaf.s ir =.
crulers and courts. ~ 40
But apart from this general view of the G,b;eq =
retnal to indemnify the fserers III ,h, parIc,,I,1
cafe OF the Aurora, isdeiitute Of every pyei-xt b
ca'e IN TIE iecond place the continuity of her vov
age was clearly and paiPably broken, and the ~.
converted into new character.
1t has been already noted that the Britif, r.o,,,:
on OF 1898, admits dirs6t trade in time os ,, =,
tween beligereI't colony and neutral cop,.r 49,
rylt'g on the trade; and admits conisuen-lv ~ l.
gaity OF the importation by the Aurora from rho IL
wanna TO Charieiion Nor has II ever been pre,os-
ca mar neutral nation has not right to re-export to
any belligerent country whate yer FOREIGN nrod,;
not cOntraEand Of war, which may bsv. - 80
incorporated and naufsiizei par, of the CONNER.
cIai Rock OF the country re exporting it,
The Gueifion then to be decided under the pr;;h
regulation tifii, is, whether in Harding the CARGO
paying the duties ard thus efTectuaily quaf5;ng
the articles for the legal consumption Of the coun,rS
a' they had been ITS native productions they were
not at the fame time equally qualified with n,.;y.
productions for exploration to FOREIGN ,r.rl. 81.
uth ought to be the decifon refults irrrGfibf g.,
The following considerations.
!. From the refpe6f which is due to IN. ;.o-,.,
regulations OF every country, where ther oarnor b
charged with tsn'PoTzing parti9y towards r,r,;-
ou"r oehgerent parties or with frsu uent views ,o-
wares all OF tfem The regulations Of the yJni,eJ
States on this ;uhjeN, muil he free from, every IN;
Bic imputation; being not only fair in their s,fs,r
aNce' rat Jut In their principles, and HAVING cnnru
ca the tame during the periods of war rs tbev ynr
IN thoie OF peace. 1t may he added thar tbev proI-
my eorreipnd' III every elenal feature rea,ir9 IN
Fe-'HPortatons with the laws of other commercial
countries, ard particularly with thofe of Crca, p-;-
tain. The annexed outline of them hv tbe G,cret,,,,
me tFeaiury, will at once explain their character
ana me-" tat, IN the cafe of the Aurora fyerv local
requifite was duly complied with.
2 From the irPolibility Of fubhituting any other
Admirable criterion, than that Of landing the articles
| and otherwife qualifying them for the ufe a rho
| country. II this regular and cuGorrary proceeding
be net barrier againf further enquiries ,yhere !,
may be alksd, are the enquiries to Rop 3v VIVA,
evidence are particular articles to be identified on
tlr hgh feas or before foreign tribunaI' n den-
tilted, how it TO he acetained whether thew were
| imported with view to the market ar hepe. mr. -,
foreign market, or ought always to be prefn,ed
to The one OF the other as itould happen 70 pv;,
Or it to foreign market, whether TO one forl;dde
or permitted by the Brinh regulations For !, IA
10 be recoe6ed that among the notifications which
her poieg has given to the general principle sncr-
ted by her, direet trade is pern1it'ed To neu.r-I
carrier from beliigerent colony, to her ports. s
wei as to thoi= OF MS own country. IT, again lIa
lauding OF the goods aid the payment Of the f,.is
be not fnifcientto break tie continuity Of The ,,5
what it may be alesd is the degree of T,sr,,,
| change or alienation which will have thar erea
May not claim be let up to trace the articles from
hand TO hand, from ihip to Dip, in tho fame port.
and even from one port another pors, as lone az
they remain in the country? IN word, IN dapsr,ipo
from the iimple criterion provided by the covrtrI
titf, for It's own legitimate and per., rer, 81 -