Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1806-02-07

war cannot deprive thcn if Great B:i.
tain Lad 4 right Ia pichibit That com'
rnsrce. it exioled b,f,rc the war began,
and CT cours. before she had gained r'y
advantage over her enemies. If il did
not then exist, ii csrlainly does not al the
presen, time. Righ's If lie kind in q scs .
ton, cannn. depend Oh The fortune ci war,
or other contingencies. The law which
regulates them is invariab,e, Until it be
chenged by the competent an,hority. il
forms rule equally between be.ligcreni
powers, and between neutral and beilige.
rent, which is dictated by reason and
sanctioned by the usage and consen, oil
nations.
The foregoing considerations have, it
is presumed, proved that the claim OF G..
! Bsi,ain TO prohibit the commerce Of nsu-
trail powers in the manner proposed, is
repugnant TO the law OF nations. II, how
ever, any doubt remaiaed on that point o.
Their considerations which may b. urged
cannot fail TO remove it. The number OF
orders of different imports which have
been issued by government, to regulate
the seizure of neutral vessels is a proof
that there is no established law FOR the
purpose. And The sirGtness with which
the courts have followed those orders,
through their various notifications, is
qua'iy a proof that there is no olher au-
thoriiy for the government Of their deoi.
sions. If the order of the 9th of Novcm.
Der, 1898, contained the true doctrine 0:
the law of nations, there would have been
no occasion for those which followed. nor
is il probable that they would havs been
issued: indeed Il that order had been in
conformity with that law, there would
have been no occasion for it. As in th,:
cases Of blockade and contraband, the law
would have been well known Without al,
order, especially one SO very descriptive
the interest of the cruisers, which is al
ways sufficiently active, would hay:
prompted them 10 make the seizures, and
the opinions of eminent writers, which in
that case would not have been wanting,
authority Tor their decisions.
| shall now proceed 10 shew that the
decisions complained OF are contrary 20
the understanding, CT what, perhaps, NAV
more properly be called an agreement oil
the two governments, on the subject
B. The orccr ofthe 9th Nov. 1893, some
hundreds Of American vessels were seiz
ed, carried into PORT and condemned.
Those seizures and condemnations, be.
came the snbie6t an immediate nego-
cis;ion between lhe two na.ions, which
| terminated, in ueaty. by which it was
agreed TO submit the whole subject TO
commissioners, who should be invested
with fuil power, 10 settle the controversy
which had thus ariscG. That stipulation
was carried into complete effect; com.
missioners were appointed, who cXaulin-
ed laboriously ard fully, ell the cases OF
seizure and condemnation which had TAX
en- piece, and finally decided on the same,
! in which decisions they condemned the
principle Of the order and awarded con,
pcnsation 10 those who had suffered No.
der it. Those awards have been since
fairly and honorab!y discharged by G..
Britain. 1t merits particular attention
that a part ef the l7th articls of that
treaty, referred expressly to the point in
question, and that it was on the solemn
deliberalion oEeach government, by their
mutual consent, expuuged from il. ],
seems ttsrefcrc TO be impossible 10 consi.
der that translation, under all The circum-
stances attending it, In any other ligh, than
as fair and anicable edjus.ment of the
question between the parties one which
authorised the just expectation, that i,
would never have become again cause
Of compliant between them, The sense
of both was expressed on it in manner
TOP marked and explicit, 10 admit Of a
| different conclusion. The subject too
was of nature that when once settled
ought to be considered as settled forever.
4 is moi like questions of commerce be-
tween two powers, which sfie@ their in.
,ernel concerns, and depend, Of course, on
the internal regulations sf each. When
these latter are arranged by treaty, the
RIGHTS which accrue TO each party under
| II, 10 the interior OF the othCs, cease when
the treaty expires. Each has right ac
| terwards tn decide for itsel(in what man.
ner that corcern shsil be regulated in fi-
urc, and in tbat decision TO consult sole.
| H. is interest. Blu, the present topic is
! &c yers different character. 1t involves
no question Of commerce or other in.er
nal concern between the two nations
! u reSpe rs the commerce only, which eli
Their may have with the enemies of the
other, IN time of war. l; involves there.