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

- nluftratiou can be obtained from them OF
A,arinc which they never heard OF. We matt
ook for il 70 an authority more modern to
enc which, however refpettable for the learning
and profciGonal abilities OF the judse who pre-
fdes, is, neverthelefs, one which from many
sonGderatisns. is not obligatory on other pow.
ere. In arepon of the deciGons Of the Court
of Admiralty of this kingdom, we End notice
Of feiics Of orders ifIaed by the government OF
different dases and imports, which have reRula-
ted this buGnefs. The fra of theie bears date
on the 9th of November, 1898 the fecond on
the 9Th Of January, 1884; the third on the IS
Of January, 1905. Other orders have besn IL
feed lince the commencement Of the prcfent war.
1t is thele orders which have authorized the lei.
xures that were made at different simes, in the
courie of the prefent war, and were lately made
by Bfilh cruizers OF the yeHels OF the United
States. They too form the Law which has gov
crned the courts in the decifons on the fcveral
cafes which have arilen under thofe icizures.
The 6rft Of thefe orders prohibits altogether ev-
cry fpecics of commerce between neutral conn
fries and enemies colonies, and between neutral
and other countries, in the production OF thcfc
colonies the fecond and iubfeq0ent orders mo.
dify il 10 various forms. The doctrine howev-
er. 10 every decifon, 10 the fame (; II 10 contsn-
dcd 10 each that the character and juft extent of
The principles Is to be found in the sfft order,
and that every deparureffom il Gnce. has been
a rrlsxstiou of the principle, not claimed OF
right by neutral powers. but concerned in their
favor erstuitoufy by Great Britain.
In fuppor OF fhefe orders it Is urged, that az
the colonial trade is fy ftem OF monopoly 70 the
parent country In time Of peace, neutral powers
have no right to participate IN II in time OF war.
although they may be permitted 70 TO do by the
parent country that belligerent has right to
in,erdiet them from fuch a commerce. 1t is
on this fyfem of internal rettraint, this regula-
tion of colonial trade, by the powers having CO.
lonies, that new principle Of the law OF ma
tions, 10 attempted 10 be founded one shich
fseks 70 discriminate in refpott TO the commerce
of neutral powers, with belligcrent, between
different parts of the territory OF the fame pow.
er, and likewife IA bverts many other principles
of great Importance, which have heretofore
been held facIed among nations. Ii 10 believed
thar 70 important ftfutture was never rallied
on 70 dieht foundation. Permit me 10 ak,
does it follow. bscsuie the parent country mo-
nopolizss in peace the whole commerce OF iss
colonies, that in war II mould have no right TO
regulate il at all That on the contrary il fhond
be confirmed 10 transfer, in equal extent, q
right 70 is enemy. 10 the prejudice Of The parent
eoaptsy, Of the colonies, and of neutral powers :
IL this doctrine was found, il would ccrtsinly
infthu,s new snd angular mode Of acquiring
and loGng rights; one which would be highly
advantageous to one party, while il was equal
ly injurious to the other. To the colonies,
more Especially. il would prove peculiarly one.
A Is -. Lroc thss sHcv1
eHeutisIly dependent for their exifrence, on fup.
plies from other countries, Especially the United
States of America. who being in their neigh
borhood, have the meaos OF furniihing them
with the greatef certainty, and on the bef
terms. 10 il not iufhciens that they be fubjets-
ed 70 that rchraint in peace, whro the evils at.
tending it BY the occaGonal interference oft
parent country. may be, and are frequently re.
paired 7 Is il conGttent with juRice or hsmani-
", that il fhould be converted into a principle
in favor Of an enemy, incxorable Of couffe, but
othcrwiie without the means of litening 10 their
complaints, not for their diReh or opprefiion
only, bat for their determination But there
are other infoperable objections TO this Doctrine.
Arc not the colonies Of every country part OF
its domain, and do they not continue TO be 10.
until they are fevered rom il by conqueA Il
not the power 20 regulate commerce iocideut to
the fovereignsy, aud 10 Il not co-ex,cndve over
the whole terfisofy which any government poi
fei1es Gao one bsIIigcrcnt acquire any right to
the territory of another. but by conqaea And
can any rights which appertain thereto. be 9TH
srwife defeated or curtailed in war 10 whatev-
OF light. therefore, the fubjett 10 viewed, il ap
peAts to me evident thar this doctrine cannst be
iupported. No diRinetion, founded in fsafon,
can be taken between ,hs different parts Of the
territory Of the fame power to juAify il. The
feparation OF one portion from another by the
fss, give, lawfully to the bslliserent which is
iupsrisr on thar elemeot, q van afcendancy 10
all concerns on which the fucceis Of the war, OF
the relative PROPERTY Of their fefpetivs domin.
ioas may in any degree depend. 1t opens TO
zach power ample means for ito own aegrand.
izemens, and for the harraiTment and diaTeis Of
ito adveriary. With shele il fhsuld be fatis6ed.
But neither can tina, ciseamRance, nor can any
Of internal srrsngemcnt, which any power may
adopt for the government Of in dominions, be
confirmed to give lie enemy any other advans-
age over il. They sertaiuiy do not juaiiy the
Doctrine in queRion which aGeru that the Law
Of nations varies in irs application to different