Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1806-01-29

.. ,;formity. but which is so consplcu
nu.lv disregarded IN practice by the na1lot
isseli, which stands alone ID eontenu'ns 'o'
1t! q,
six,hly, I. is particularly worthy OF at
,.,,,;on tha. the board ot commissioner;
;o,p,!y constituted by the British aud Ame 7
,,can Governments under the seventh arti
Gle Of The treaty Of 1894, by reversing
conde mna,ions of the British courts found
ed 90 the British instructions OF Novem'
Ter 1898, condemned the principle, tina
a trade forbidden to neutrals IN tine o.
ne ace. could not be opened to them 10 time
Of war; ON which precise principle these
Instructions were founded. And as the
reversal could be justified by no other au
,hority than the law OF nations, by which
they were guided, the law OF natlons
according to laat Joint tribunal, ondemni
the principle here combat'ed. 'Whethel
the BRUSH commissioners concurred IL
these reyersals does not appear; but whe'
thsr they did or did not, the decision was
equally blnding; and affords preceden'
which could not be disrespected by like
succeeding tribunal, aud ought not be with
ou, grca, weight with nations, III like sues
tons recurring between them.
Ontl.eie grounds the United otstes may justly
regard tho Britiih captures and eondemnatiuns o
neutral trade with cooaeS OF the enemies OF Gree
Britain as violations OF right; and if realon, con-
Lssency, or that found policy which cannot DC a
variance with either, be allowed the weigh
which they ought Ito have, the Bntnh govern
men, viii tcel iufhcisnt motives to repair the
wrongs done In !uch cafes by its ciuifsrs and
-couits.
But, apart from this general view of the fab.
ieGt, leiuial TO indemnify the iuferers, in TIT
particular cafe OF the. Au:tra, IS destitute ct eve
~ pretsx, becauic, in the fecond place, tn:
continuity of her voyage was clearly and palpa
big broken, and the trade, converted into new
cha.aclet.
III mas been already noted that the BritiGa re.
gulasion Of 1895, admits direet trade in tine
Of war between belligerent country, and nsu
.ral country carrying on the trade; and admit;
conftquentiy the legality OF the importation By
the aurora from the HAVANA to Charleston
Nor has it ever been pretended taat a neural ma
sion has not right to re.export 70 any 5eliigc
rent country whatever foreign productions moi
coutyaoand Of war, which may have been duly
incorporated and natusaized, as part of the com.
melcial stock OF the country Ic-export!ngir.
The question then TO be decided under the Bri
tin regulation itlelf, is, whether in landing the
cargo, paying the duties, and thus as ef.dually
qualifying the articles for the legal ceufuuptior
of the country, as if they had been its native
productions, they were not ct the fame time e.
qaaliy qualified with naive predictions for ex.
portation to foreign market. That fuch ought
to be the decifon refuIts irrciRibly fsom the
following considerations.
I. From the reipe6t which IS due 20 the inter.
nal regulations OF every csuhtry, where they
cannot be charged with a tempor.zing parnaIity
towards particular belligerens parties or with
fraudulent views towards all OF them. The regu.
lations OF the u. S. on this (ueJett matt be free
from every poii.ble imputation being not only
fair in their appearance, buts;uN in their Priaci-
pies, and having continued the fame during the
Il may be added that they probably correfpond
in every efential feature relating to re.sxporta-
tion, with the laws of other commercial coun.
tres, and particularly with thole Of Great BIi-
tain. / be annexed outline OF them, by the Sc.
cretary of the Trcslary, will at once explain
their character, and thew that, in the cafe of the
eurora, every legal rcquiise was duly complied
with.
e. Fron, the impoaibility Of fubfitutiag any
other admGibIe criterion, than that of landing
the articles, ard otherwife quality ing them s!or
the ufc Of the country. If this regular and Gu {
tJmary proceeding, be not barrier againft tur.
ther enquiries, where, it may be a&ked, are the
enquiries to aops By wfss,cvidsnes arc Paf'i-
GUAR articles to be Identified 90 tie high !cas, or
before forcign tribunal? Ifiden'ifed how IS i
TO be alcertansd whether tncy were imported
with view TO the market at homcs or TO TO,
reign market, or as ought always to be prcium.
ed, to the one CT the other as 1t ihouid happen