Rhode-Island Republican. [volume] (Newport, R.I.) 1801-1806, 1806-02-20

not haetsate.--lt 10 proper 20 add, that the
conclufon above mestioned. was further lap
ported by the imponsnt fstt, that sntil the late
decree, in the cafe OF the Eaex, not one Aneri-
can vefIcl. engaged in This commerce, had been
condemned on this doctrine that feverzl which
were met in she channel, by the Bf:tifh crui-
zcrs, were permitted, after an examination OF
their pspen TO purfue their voysge. This circum-
itzncc jufli6ed the opinion, thar that commerce
was deemed lawful one by Great Britain.
There Is another groasd, on which tic late
feizures snd condcmnations arc conhdcred a.
highly Objectionable, and TO furnifh juff caufe
OF complaint 10 the United States. Until the
final report of the commiHioren under the 9Th
article of the treaty of 1894, which was not
made until lalt year, il is admitted that their
arbitrament va, not obligatory on the parties.
In the fenfe in which il is now contended 70 be.
Every intermediate declaration, however, by
Great Britain OF Der fenfe on the fubjetf, muA
be confidcred as binding on hes, as il laid the
foundation of commercial enterPriies, which
were thought TO be fecure while within that IL
NIT. Yonr Iofdfhip will permit mo to refer
you TO ieveral examples OF this kind, which
were equally formal ahd Official, IN which the
fenfe OF bis majcays government was declared
very diaenatIy from whstit has bcen in the
late condemnaiions. In Robinfon's reports,
vol. page a6S, (caie the Polly. Lazy, .maaei)
il feems tohave been clearly eRab'ifhed byt the
learned Judge Of the court Of Admiralty, that an
American has right TO import the produce OF
an cnemy's colony into the United States, and
to iend il on afterwards to the general CON-
merce of Europe and that the landing the
goods, and paying the duties in the United
States fhould preclude all further qucftion re-
lstive to the voyage. The terms " tor his own
ule," which arc to be foana in the report, are
obviouily inteoded 10 aHert the claim. only that
the properly mall be American and not that OF
an enemy by admitting the right to fend on
the produce afterwards to the general commerce
Of Europe, il 10 not pcfIible that ,hoie terms
fhould convey any other idea. A bona jfde IN
portation is afo held By the judge 10 be fatish-
ed by the lapding the goods and paying the du-
ties. This therefore 10, think. the true in
| port of that dscihon. The doctrine is again
laid down 10 Rill mo<e explicit terms. by the
governmen. iffelf, in correspondence between
lord HasGehury and my predeceGor, Mr..
King. The cafe ~as preciiely dmilar to thofe
which have been lately before the court. Mr..
King complained in letter Of March -, Sol,
| that the cargo Of an American vefcl going
from the United States to Spanifh colony had
been condemned by the vice. admiralty court OF
NaGau. on the ground that il wn OF the growth
| Of Spain, which deciEon he contended was con-
| trary 20 the law of nations, and requehcd that
fuitsblc inRrotlions might be diipatchedtO the
| prefent officers In the WcR- Indies, 10 prevent
| like abufes in failure. Lord Hsvkefbury in a
| reply Of April nth, communicated the report
| Of the kine's advocate general, in which IL 10
! exprefaly ttsted that the produce Of an enemy
may be imported By neutral into his own
country and se-exported thence to the mother
country and in like manner in that circuitou'
mode, that the produce and manufactures OF the
mother country might ind their way TO 10 CO.
lonies that che landing the goods and paying
the duties in the neutral county. broke the
continuity Of the voyage, and legalized the
trade. although the goods were re- fhipped In the
! fame velIel on account of the fame neatral pro-
prictors, and forwarded for fzic TO the mother
country OF the celeny.--It merits attention iu
this report. TO clearly and pohiively 10 the doc.
trinc laid down. that the landing the goods and
paying the duties IN the neutsal country broke
| the continsify Of the voyage) that IL IL Rated a.
doubtful point whether tho mere touching ia
the neutral country to obtain frefh cleafances
will be confdered ia e!ighi Of the dired trade
thar no poiitive inhibition 10 inGted on any but
the dirett trade between the mother country and
the colonies. This doctrine in the light herein
Rated, is alfo TO be found 10 the treaty between
Great Britain and RufIia, June u, 1891. By
tbe I'D ietaion of the sd article. the commerce
of ncutIsls in the productions or manufactures
OF the enemies Of Great Britaio, which have be-
come the property of the ueatral. is declared 10
be free that feetion was afterwards explained
by decIara,ory article Of Ottober 40 Of the
| fame year, by which it 10 agreed, that is fhzii
not be underRood to authorize nestrals to carry
the produce or merchandise OF an enemy either
| directly from che colonies to the parent conn.
try, or from the parent cesntry TO the colonies.
In other relpetas the commerce was left on the
footing on which il was placed by that feeaion.
perfectly free, except in the dh trade between
the colony and the parent country. Its wor-
| thy of remark that, % by the reference made in
the explanatory article Of the treaty with kuGa,
to the Ualted States Of America. It was fuPPof.
ed that thofe Rates and RufIis, Denmark and
| Sweden, had common intcreR in nestrsl quei-
tious. 70 il was obviouay intended. from the
Gmilarity of fentimeat which 10 obfervable be-
ii l. - ~sx<k