Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1806-01-28

On h .se r-,c,i. the trriSed States r<,v iyis,-
" regard ,hc B-,;sh captures and eont,er,~a,;-
ons Of neutral '-aJe with co,cries Of the cn--
mics Of Great BRIAN as violations of risht,
and IL reason, consistency. or that sound ,s.'ey
which csrnot be az variance with either. ne I'll.
lowed the weight which they ought to have. the
British government will feel sufficient rotives
to repair the wrongs done in such cases by its
crui.ers and courts.
But, apart from this general view Of the cub.
ioot. refusal TO indemnify sl,c sufferers, in the
particular case OF the Aurora. is destitute of ev
cry pre- ext because in the second place. the
continuity Of her voyage was clearly and paipa-
bly, broken, and the trade converted into new
character
It has been ALREADY noted that the 3ri,is., re-.
guation of 1898, adr,i,s drea trade in time Of
war between a belligcren, colony and a neural
country carrying on the trade and admits con.
sequcn:ly the legality of the import alton by the
! Aurora from the Havannl TO Cha. sston. Nor
has it ever been pretended that neutral ns,ion
has nor right to re expert to any bell;gesene
country whatever foreign PRODUCTIONS, not ccn-
traband OF war. which may have been duly in-
corpofated ard na,uraized. as part of the COM
ulercia stock of the country re exporting it.
The question then TO be decided under the
British regulation ITSELF ia, whether in landing
the cargo, paving the drt'es, and thus as efeau.
ally qualifying the articles for the legal con-
sumption of the country, as If they had been its
equally qualified with native productions for exc
portation to 4 foreign market. That such ought
To be the decision results irresistibly from, tie
! following considerations:
| l. From the respea which Is due to the inter.
nal regulations of every country, where they
cannot be charged with tom. .orizing partially
towards particular helligeyel. parties or with
/ Tea. u, Il - i -x-.
lat'ons OF the United States on this subjea, must
he free from every possible imPn,ae or being
not only fair in their appea-apee but just IN their
principles and having continued the same during
the periods OF war. as they were in those Of
peace 1t may be added that they probable COR
respond, in every essential feature relating to
re exportaiens, with the laws of other CONNER.
cial countries, and particularly with those Of
Great Britain. The annexed outline of them.
| ay the Secretary of the Treasury, will at once
| explain their character, and shew. tina. in the
case OF 'he Atrors. every legal requisite was
| duly complied with.
p From the inpossibility of substituting anv
other admissible criterion. than that of lasdino
the articles, and otherwise qualifying them
TOR tne use OF the country. IF this regu-
lar and customary proceeding, be not barrier
against, further enquiries, where. it may be ask.
! ed, are the enquiries to stop Bv what cyidence
are particular as,ieles TO be Identified on the HIGH
seas, or before foreign tribunal? IF identi6ea
how is il to be ascerta,ned whether they were
imported with view to IN market at home. or
I 10 foreign market. or as ought aIways tn 10
presumed. TO the one or the other as it should
happen to invite! Or il TO a forern marker.
whetherts one forbidden or permitted bv the
British regulations For it is to be recol,ec,ed
| that among the notifications which her policy
has given to the general principle asserted by her
direa trade is permitted to a neutral carrier
from bcl!igerent colony, to her ports, as well
asto those OF his own country if, again. rho
landing OF the goods, and the payment OF the du,
ties be not sufficient to break the continuity of
me voyage, what, IL may be asked, is the de pree,
OF internalchange or alienation which will baye'
that eHe& May not claim be SET I'M tn ,y,c.
the articles from hand to hand from, ship 20 shin
IN the same port, and even frcu1 one port 10 ano.
tnerp port, as long as they remain in ttecoun,ry
In word, in departing fran the simple critey;I
on provided by the country itself, FOR its own n
giumate and permanent objects, il is obvious tina.
besides the defalca,ions which might he comr,;,.
ted on our carrying trade, pre,exts wil be given n,
cruisers tor endless vexations on our commerce ,-
large, and thar alatirude and DELAYS will aecrne
IA: .he distant proceedings of admiralty courts.
still more ruinous and intoIsrable. =
/ ). From the decision in the British h;r,, corr,
OF admiralty ITSELF given in tire case Of the Poi
wy Lasky, master. by a Judge deservedly eel.
ebrated tor profound judgment, which came,
be suspected of leaning towards doe rines t,n.
Just or inluriou: to rights of his own coun,ry
On that occasion he expressly declares 9. II I.
not my business 10 say what is nniyersav The
test OF bona sde Importation. tits argued III,
liz would be sufficient that the duties shonld no
paid, and that the cargo should be landed. rs
these criseria are not to be fesorted to, s,ould
be al loss to know what should be the ,es, !.
and am stsongiy disposed to holi, that Il would
be su fhcienr. that the goods shou, be landed and
| the duties paid" 2Rob. Rep n. 36S-e.
The President has thought Il proper thar var,
| ahould be furnished with such a view of the :u..
Iea as is here skotched that YOU NAV male
the use OF IT best suited to The occasion. If the
trial ct the Aurora should not be over II !,
tionabe whether the government will interfere
with ITS courts. Should the trial be over and IN
sentence OF the vice ,!,.iraity court at 81 Johna
have been eonfir ned, YOU are TO lere no t;noe 4,
presenting to the British government a represen.
ta,ion corresponding with the scope of theae oh.
ssrva'ions; and in urging that redress in he
case, which is equally due to private Justice. N
the reasonable expectations of the United sta,es,
and to that confidence and harmony. which on~h,
TO be cherished between the two nations.
e . N G II f. S S