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

To Complete the arrangement, in all its forms, Il
has been ofhcislly announced in the American Ga
w council, of Augua s, 1905, thar the trade with
the settlements and iaands belonging the enemy in
America aud the Weil-ndies. be carried thro
the medium of the Brti(h free ports in the Wclln-
dies, and no. otSs--,ie.
The yltem Of Great Britain may, therefore, now
be cerfdered announced all the world, withou,
diguie, and by the moi folemn aas Of her govern
ment Her navy having dehroyed the trade of her
enemies, as well between the mother countries and
their colonies, between the former and neutral coun-
tries and her courts, by putting end to re-expor-
tations from neutral countries, reducing the important
Gus INTO theie, to the more amount of their con-
iimption; the immenfe furplus Of productions accu-
niuiatng III the American poaeihons of her enemies
can ind no outlet but through the free ports provided
tor 1t; nor any other market than the Brit;;h mar
ket, and thoie to which he finds for her intere
diitribute 1t; with view to which, The only al
lows her enemies to trade with her poi.ions but al
lows her own fubecfs trade with her enemies. And
thus IN defiance well of her treann laws and of
her trade laws, Of tn. rights Of neutrality under
the law OF nations. we find her, in the jua and can
phatic language of the Predent, Stalking to heTielf
by an incen6eency at which reafen revelts, COM
merce with her OWE enemy, which fhe denies to a
neutral, on the ground of its aiding that enemy in the
war
But let US return for moment to the ferries of in
and advert re- fon,e additional lights in which the
judicial contraction and application of them prelxnt
the eoadu9 of Great Britain.
Prior to the orders Of November G, 1898 the ge-
neral principle forbdding to ncutrasa trade opened
to then, during the muf, If it be principle of
the law OF nations aferted by Great Britain have
been tie rule of Admiralty aecions. Accordingly, il
appears, by Rob- Appendix p. l2, that eondenana-
lions in cafes prior that date WERE in the court of
Appeals, made ref on that principle.
he orders OF November 6, 1898 deGgnated for
the operation Of the principle the trade with the CO.
onies OF the enemy well the trade TO, as the trade
from, them.
The orders of january, 1894. expressly revoking
the orders OF November, l7o3 defgnated for capture
The trade only fran tie Wts India Ia-A of the enc
any, and bound directly to Europe, only.
The orders of January, 1898, revoking expressly
the orders of January, 1884, defgnatcd for capture
the trade from the Hands frttements of the enc
mes, oiretiy to any port in Europe excepting what
might be bound Brtih ports or to the ports of
he counsry to which the neutral vefles ihould be-
long.
Without entering into variety of minute aueni-
ons growing out of the uaried and very inaccurate
EXPIRE lions in which the orders are penned feveral of
very great Importance occur, in erpoundng and ap-
plying the rules laid down.
he firlt queRon is, whetherthe frt order Of 1893
which made NO exPrei reference to the general prn.
cPe, and which was limited to the colonial branch
OF the enemys trade, to be undertood as merely
lPecilcation OF certain cafes which the general
principle was applicable, leaving the general prine-
PIE IN force as TO all unfpeeied cafes; or whether
rms iPechcation OF certain cafes be underftood
as implying legalzation of cafes unfnecified
The quetion arifes, afo, under the lucceiIiv. or
GERS each ofthem revokiag the order, immediately
preceding, whether 1t waste be underhood thar the
ipecihcation ofcertan cafes did, or did not eyaze
the Gales omitted in the fame ORDER bot fpecifed in
the orders preceding. -.
ihs more obvious contribution of the original or
ner' eyen' Teens tn be, rather that meant TO de-
fine the sniy cafes to which the general beilrerent
claim was to be applied, than that il was mean,
merely to notify the claim in ,hoe particular cafes
claim not moe requiring Modification in thofs cnle.
than in the cafes rss notified.
With reipe3 to the orders of poaerior dates. the
iar contradiction IMPLIES that the beliigerent claim
was narrowed, rf, by all the difference be,ve.n The
orders of 1898 and thoIe of I7s4 and finally by all
the difference between the orders of 1894 and ,hoG
Of 1898. ~''N '''ie
Taking the whole together under thele eonftruc-
'ions the application of the general principle Of car,
ture was rSitrifed by thee orders to the trade of
neutrals from the colonies of enemies aey 70 ports
other than their own r5eeiVe POrts and the BrifiR
p0rff and conieqaeHtly there remained exemp, from
capture:
lst The coating trade, and every branch of trade
not colonial.
I'd. The trade f;sm any neutral eouHtry, TO bellre
rent colonies
Sd. The trade by neutrals from any belgereo,
country It's own COLONIES, and to the colonies of A.
mother belligerent country.
4;h. The trade between bellicerent colonies ,vb.-
Their belonging to the fame to different belli-.rent
countries.
Applying this rule Of implication to the two orders
only OF l79f aud 1898; and admitting tho(e of 1898
NOT TO have fuperceded, by implication, the claims to
capture in cafes not therein fpceifed, there will bs
no ether exception to the reaxations or exemptions
Jut enumerated in favor of neutral commerce, bur
the coating trade and other trades not coIo,aI 70
which Great Britain has applied, or may ehoofe to
apply, the general principle.
In general the high court of admiralty fecrs bv
applying theahumed principle to the coating trade.
10 have purified that Confruaion of the original or
der OF 1888 which left the general principle in force
as to cafes no; fpecified in il; and 70 have CON
fidered the relaxaons in tho fucceedine orders of
1894 and 1893, as referring foley to the colonial
trade.
There appears, however at M time 10 have been |
any clear and Fixed opinion in the court with reG,ea
to the egality and penal consequences of the coah
ing trade.
Few cafes are reported, perhaps few have occur |
ed, OF dcuhens relative TO this branch of trade In
! Rob. p. lo4, the fubjeel is incidentally brouvb, |
into view, in cafe where a French ve,Ir had r.
r