Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1806-01-28

n's''sH Cruiser, ara sent t-r t:i3t To n ew-
sonnd'and, where the cargo was condemn
Ell by the court of vice. c,iral,y.; and
that The cause gas carried thence, by ape
peal, 20 Great Britain, where it was ap-
pfeheaded that the sentence below would
not be reversed.
The grnund &c this sentence was. and
tina, OF It's confirmation, IL such be the re-
suit, must be, that the trade in which the
vessel was engaged was unlawful, and
thus uniawtuiness must rest, first, OH the
general principle assumed By Great Bri.
tain, that trade from a colony to its pa.
rent country, being trade not permitted
to other nations in time of peace, cannot
be made lawful to th.yn in time of war
secondly, on the allegation that the con.
tinuity OF the voyage from the Havana
to Barcelona was not broken by landing
the cargo in the u. States, paying the
duties t'sereon, and thus fulfilling the lie.
gal pre- requisites to home con.unp.i.
on and, therefore, that The e.fSo was sub.
ls6 to condemnation even under the Rri-
fish regulation Of January, 1898, which
so tar relaxes the general principle as to
allow direct trade between abeiligerent
| Colony, and neutral country CARRYING on
such a trade.
With respect to the general principle
which disallows TO Neutral nations in time
OF war, trade not allowed to them in
! time of pGace, il may be Observed.
! FIRST. Iha, tho principle is of modern
date; that 1t is mainlalbed, as is beiiev.
ed, by no other na'inn but Great Britain;
and that it was assumed by her uoder the
auspices of maritime a.ceadancy, which
rendered such principle subservient TO
her particular interest The history of
her regulations on this subjeG, shows
that they have been constantly modified
/ under the influence of that consideration
The course of these notifications will he
seen in an appendix TO the fourth volume
OF Robinsoh's Admiralty Reports,
Secondly, That the principle is mani.
testify contrary to. the general interest of
! commercial nations, as we'll as to the law
of nations settled by The nost approved
authorities, which recognises no restraint,
on the trade Of nations not at war, with
nations at war, other than that il shall be
impartial between the latter, that il shall
not extend to certain military articles, nor
TO the, transportation of persons i'm militia.
ry service, nor to places actually blocka-
| ded or besieged.
Thirdly, That the principle is the more
contrary to reason and to right, inasmuch
as the admission of ncutrals into g colo.
niai trade shut against them i'm times OF
peace, may, and oftensdoes, result from
| considerations which open to neutrals di-
rect channels oft,ade with he pa snl state
.shutio them in times of puace, the legality
OF which latter relaxation is not known 10
have been contested; aud inasmuch as a
commerce may be, and frequently is O.
| pened IN time of war, between colony
and other countries, from considerations
Which are not incident TO the war, ana
WHICH woeid produce the same effect in
time oil peace such, for example, "a q
failure or diminu,ion of The ordinary sour.
ces OF necessary supplies or new turns n,
! the course OF profitable interchanaes.
| Fourthly. That it is not only contrary to the
principles and practice of other nations, but 20
the practice OF Great britain herself Ii is well
known to be her iavariabls practice in time OF
war, by re.axstions in her navigation laws. 10
admit neutrals TO trade in channels forbidden "a
them m-times Of peace; and particularly 70 o.
PSI hsf COLONIAL trale ootn 10 neutral vessels &
supplies, to which it is shut in times of peace
and that one at least of her cbieas, in these
| reiaxations, is 10 give 10 her trade an Immunity
| from capture. to which in her own hands /,
would be subjected by the war.
Filthy The pra6iice which has prevailed in
the British dominion,, sanctioned by orders Of
council and III aft of parliament, rS9 6 8 c. e9l
authorizing for British subjects dirs q trade with
the enemy, sill further tiu1inishes the force Of
her pretensious FOR GepriYing us Of the colonial
trade. Thus we seem Robinson's Admiralty re.
ports passiTl, thar during the last war, lieen.
sed commercial intercourse prevailed between
Creat Britain and her enemies, France. Spain
and Holland, because il. cornprehended articles
| necessary for her nanufaetur.s and agriculture !.
notwithstanding the effesl it had in opening a
vent to the surplus productions of the Others -
! In this manner sine assumes to suspend the war
itself as to particular objects of trade beneficial
70 herself, whilst she deaIes the right Of the
other belligerents to suspend their accusteued
commercial Restrictions in favor of neutrals.-
But the injustice and Inconsistency of her Al.
/ sampt to press stria rule on nsutrals, is more
forcibly displayed by the nature Of the trade
which is openly carried on between the solonie,
of Great Britain and Spain in the West Indies.
The mode of it is detailed in the enclosed COPY
Of a stior from wherein 4,
will be seen that the American vessels and car
goes, after being condemned in British eoprts
under prefence of illicit commerce are ..o, -,