The enquirer. [volume] (Richmond, Va.) 1804-1815, 1806-01-30

J Ituo)ects and Mr.. Brown, protector OF civi
law in the Univerfity of Dublin, and author o
work on civil and admiralty law. Th.
lrreiitible reafoning of our author on th
iubJeet, we fhall not prefumc to condenfe
6ecaufe every part of it conGfs of lengthy quo.
tatiOns aud replies, and becaufe at no diftan,
day, VIC mean to fubmit to our readers, his in
imitabie crIticitm upon the fophifms and fub-
terfuges OF the Englilh court. We fl,ali fhow to
them' how triumpbantly he has refuted every
argument, however fpecious, of the eloquent
Judge; arguments which could never have ef-
capped man of his understanding, if he had not
prehded on an Englifh bench, and If it had not
| been the mifakeu interett of England to violate
the Juftioe due to all neutral nations.-Let us
add, that the under-fecretary Of G. Britain, and
the protector of the Univerfty of Dublin flares
the lame digraceful defeat with the judge of
the high court of admiralty.
The concluGon of the pamphlet deferycs TO
be publithed without mutilation:
War impofes on neutral commerce variety of pr;
vations and embarrafmeuts. 1t is reafopable there.
tore, as well lawful, that neutrals oud enjoy the
advantages which may happen to arife from war.
L. In the Gale OF conraband, the articles Of which
Especially according the Britifh catalogue. NAV
comPoie an important branch of exports in time Of
peace the commerce OF particular nations Remaining
at peace may fuer material delaleatons from the er
=. In the cafe OF enemys property carried by neu-
trail fhPs, las Great Britain, at leaf understands and
entorees the law OF natons) branch of trade more
or ies important to all commercial natio.s and con-
itituting the n,oR profitable branch of trade with
lone IN times of peace, becomes an object of be-
gerent interruption and conffcation.
s. In the cafe of blockades, the Infringement and
emoarraiment to which the trade of neutrals elpe-
caiiy thofe at dilfanee, is fubjeaed by war form
other important items of lo, on their Eide This is
beiiigerent claim, on which much might be fad, if
the notorety of its effects fay nothing Of its extra
VACANT abufes, did not render it unnecelary
| The Interruptions, proceeding from learche. of
neutral veels on the high eas, the erroneous fufp
cens and differences which fend them into port for
trial, the difficulty of obtaining all the requii,e proofs
thereon by the claimant, the delays and expences in
cdent to the judicial proceedings, more Especially
where the trial is great diaance, and above all
when appeals fill more dtant become neceiIary the
changes IN the ttate OF markets during all thefe de-
lays, which convert into los the gains promifed bv
the expedition, the fulpenion of the merchaptile
funds, the heavy facrihces, and fometmes bankrupt
eies thence enfuing all thefe injuries, which war
bringson neutraicommerce, taken together mutt fure
iy' during war, require very great weight in the
oppoiite icale to balance them and the weirht Of
theie injuries is foetines little ncrealed by the
piracies which fate Of war generates and embo!-
dens
The injuries, befdes, which are here enumera,-
ed, are limited to uch proceedings as the laws of war
may be thought to authorize. To fair climate of
the evils fufered by neutral commerce muft he add.
ed all thoie abuies which never fail to be MINGLED
with the exercife of begerent rights on the hiob
Teas the protraaed interruptions, the perlonal in.
iuts, the violent or fnrtive fpoliatons with thou
land irregularities, which more or efs infepara.
bic from the proceeding, and which can feldom be fe
tar verified and proiecuted to eea againi the wrong.
doors, as to amount reparaton
IL the evils, brought on neutrals by aate of war
were 10 De traced to their iuil extent long Lift Of
ditnct kind ought moreover TO be thrown into tba
fame fcale How many condemnations are made e;.
Their diredly contrary to the law of nations or by
means oil unjuit Preiumptions, arbitrary rules OF
eVidence, aganit neutral claimants How often and
how ieverey are the neutral appellants aggrieved BY
easring the reltitutien awarded to them not accor
ding to the actual lo but according to the deficient
climates or the icanty proceeds of fles decreed by
ignorant or corrupt vice admiralty COURTS in places
and under circumstances, which reduce the price r.
mere traction OF the value Examples of this for,
might eaiily be multiplied but they may b. though,
oil the leis weight in the prefen cafe as they furni
jut ground OF reiort from the ordinary tribunals OF
Juitce, to thoie Interior remedies, which depend or
negotiations and arrangements between the belize.
rent and neutral governments But whatever NAV
be the proviiions for indemnity obtained in theft
iubect that be!des the intermediate disadvantage &c
neutral traders from the delay of diplomatic and
conventional remedies the juce ftpulated is away.
rendered very incomplete, by the difficulties in ver
Tying the loiIes and damages iu(tained.
The principle urged againR neutral trade in tim,
OF war, not permitted in peace, is the more unrea
ionabie becauie it gives tribunal etablilhed b,
brlgerent party only, latitude of judgement i'm.
proper to be eonfided to courts Of Juice, however
conftituted.
In Gales, even where the tribunal has an equal re
lltion to both the PARTIES it has ever been deeoe,
pr'Per, that the rules of deciGon oud be as plair
and as deternlinate as poffble; in order not only
that they might be the furer guide to thoe who arr
to obierve them; but alto better guard aganft nh
Parsiaes and errors of thoe who are to appv then,
say then, whether it be rot an abandonment Of eve
ry reaionable Precaution, while the Judges have. il
their national Prejudces, in the tenure of their off
cial emouments, and in their hopes of per(ona ad
vancement, an executive relation to one of ,be mar
ties; lay whether it be not UNREASONABLE 70 leav
to the opinion, perhaps to the conieures of trim
nal 10 competed, the quehions whether in diaan
quarter OF the globe particular tradet was or IVA
not allowed before the war, whether if not alovve
before the war, its allowance during the war ,,ro
ceeded from caules diRina from the war. mr. ,r;Gr,
out OF the war; whether the allowance had mr. b,'
not been common to all wars; whether again. if 70
ultng from the particular prefure of war, the pref
lure amounted to anecelIity whether if amon,;n,
to necelty, the neceiIity refuIted from, n, ;r,t