The enquirer. [volume] (Richmond, Va.) 1804-1815, 1806-02-01

On. The doctrine is again laid down in till
more explicit terms by the government itfelf,
in correspondence between lord Hlwkefbury
and my predeceifor, Mr.. King. The cafe was
precfely fmilar to thore which have been late
~ before the court. Mr.. King complained In
a letter of March Is, 1901, that tie cargo Of an
American veiTel going from the U. S. to Spa
NH colony had been condemned by the vice.
admiralty court of Nafiau, on the ground that
II was of The Growth of Spain, which dec lion
h con,cnded was contrary to the law of natl
ons, and reqnc!ed that fuitable infrucions
might be diipatched to the proper officers in
the Wen Indies, to prevent like abufrs in flu
tar'. Lord uawkeibnry in reply of April
nth, communicated sbe report of the kings
advocate general, in which it is expressly TIA
ttd tina, the produce &c an enemy may be inn
ported by a Neutral into his own country and
rc-cxported thence to- the mother country and
in like manner in that circii.ous mode, that
the produce aad manufactures of the mother
country might find their WAY to its colonies :;
that the landing the goods aud paving the de-
ties in the neutral country, broke the continui-
~ of the voyage, and legalized the trade, al
tho the goods &c e re-fhipped in the fame vef..
Eel, on account the fame neutral proprietors,
and forwarded for fale TO the mother country
ufihc COLONY. II merits attention in this re-
port, 90 clearly and pofitive,y is the doctrine
laid down, that the landing the goods and paw.
ing the duties in the neutral country broke. the
continuity OF the voyige) that it is ftated as
doubtful point whether the mere touching in
the neutral country to obtain freh c!rarances
will be con6dered in the light of the direa
trade; that no pof;ive inhibition is inERed on
any bu, the direct trade between the mother
country and the colonies. This doctrine in the
light herein itated, is alto to be found in the
treaty between Great Britain and RuiIia, Tune
II, 1901. BY the Cd fiction of the sd article.
the commerce Of neutra!s in the productions or
n'annfa sures of the enemies of Great Britain,
winch have become the property of the neu-
trail, is declared to Re free that fiction was
afterwards explained by declaratory article
ut October 90 o! the fame year, by which ii
10 agreed that it hall rot he nnderfood To au-
tharlze neutrals to carry the produce or mer-
rhandiZe OF an enemy either directly from the
colonies to the parent country, or from the
parent country to the colonies. In other ref.
Hc0s the comnerce WIS left on the footing on
which it was placed by that fiction, pe,fea,v
free, except in the direct trade between the CO.
l''y and the parent country. 1t is worthy of
remark that, as by the reference made in the
explanatory article of the treaty with Ruliia,
10 the u. States of America, it was f,nnoG.5
shat theft Gates and Ruflia, Denmark and swe-
sien, had a common interet in neutral oucfi-
ons, foit was obvioully intended, from the &.
miiarity ct fentiment which is oblcryabIe be-
tween that treaty as amended, and the report
ot the advocate general above mentioned. to-
place all the parties on the fame footing. AZ
ter thei- acts ofthe Britifh government. which
being official were made public, it was not 70
be expected that any greater rcitraint would
have heeh contemplated by it, on that CON-
merce, than they impofe, that an enquiry
would ever have been made, not whether ,b.
tyith oh !,
Charged belonged TO citizen of the U. States
Oh al enemy, bat whether it belonged to this
or that American: an inquiry which im,o(;.s
condition which it is believed that no indie
pendent nation, having jun fcnie of what it
owes toits rights or IFS honor, can ever com
ply with. Much.l efs was 1t 10 be expected hat
zach reftra!at would have been thought of ,f
Ger The report of the commiiiioners above adj
vertcd To, which fcemed to have placed the
rights OF the u. States inconteftiby on a much
more liberal, and, as is commended, iuft foot
isg.
1t is proper TO add. that the decree of the
lords conmiiioners of appeals in the cafe of
The Eiex, produced the fame effect as an Or
Der from the government would have done.
PfIor 10 That decree, from the commencement
o! the war, the commerce III quelon WIS pur
'ned by the citizens of the u. States as has hecp
Slready obftrvrd, without medication. Il is
pr iWridblc that MI then his naicity's cruizers
wee induced To forhcar a fcizurc, By tie fame
considerations which induced the American CT
i'Aes to engage il the commerce, belief that
It was i lawful one. The facts above men
toned were eqmTy Before the parties, and it
u not ftirpriing that they fIould have drawn
the iamG concluiinn from them. That decree.
however, opened new icrne. 1t Certainly
gave gnaI TO The CRITTERS TO commence the
ie'zues which they have not failed to do. as
has been efficiently fell by the citizens of the
~ States who have fu7ered under il. Accor-
GiAg 10 the information which has been given
iae, a'nui so yefIcis have been brought into
lie ports of Great Britain in confeduence oft,
aud there is reafon 20 believe that the fame
iyitern is purified ia the Wet ladies and elfe
where. The meafure is the more to be CON-
planned OF, becaufe eat-Britan had, in
permitting the commerce for Years, given a
fanttion to il by her conduct, and nothing had
occurred to create a fufpicion that her fent-
Tents varied from her conduct. Had that been
tue cafe, or had fbe been difpofed to change
her conduit in that refpee towards the U. S.
It might reaionably have been expected that
iome intimation would have been given of it
before the ncafure was carried into effecf. Be-
tween powers who arc equally delirous of pre-
t.ryiuu ti, rel1tiooe cf frispJn,:,, ,,,;tb a,cL ~