The enquirer. [volume] (Richmond, Va.) 1804-1815, 1806-01-30
RICHMOND, sob yAMUAR1::
NUAfBER II.
EXAMINATION OF THE BRITISH DOC
TRINE,
NUMBER III.


TRINE,
WHICH SUBJECTS TO CAPTURE ANEurRAL
TRADE, NOT OPEN IN TIME OF PEACE.
In trying the innice of this belligerent prir-
ciple by the third ftandard which is laid down,
VIZ. The conduit of nations other than Great
Britain our author has confined his obfery;
tons within the following paragraph:
THE CONDUCT OTHER NATIONS.
The evidence from this fouree is merely negative;
but is not that without convincing effect
1.-THE doctrine advanced by Great Britain had been
entertained by other nations, it would have been feen
in the documents, corresponding with thofe which
contain the Britiih doctrine. Yet, with all the
f.arsh which could be employed, indication has
been met with, that Jingle nation be6des herlelf,
has founded on the dtnaion between trade per-
mittcd and trade NOT permitted in time Of peace,
bellgerent right to interrupt the trade in time OF
war. The diitinaon be traced neither their di-
plon,atc difcuflons, their manifeRos, nor their
prize ordinances, nor their nfruaons their trui-
z.rs in the decifons of their maritime courts. IF
the ditintfion had been allrrted recognized, it
could not fail to have exhibited tle in ome other
of thofe documents. Having dore 70 in Of
them, the inference cannot be conteed, that Great
Britain is the ony nation that has attempted this
nomentous innovation the law Of nations.
&c But if (fays our author when proceeding
not enough to have flrown that the belligerent
claim afTerted by Britain is condemned by all
the bigbeR authorities on THE /asv of nations, by
the clearet tefimony of treaties among all the
principal maritime nations of the world, her
felf included, and by the bradice Of all other
nations fhe cannot furely demnr to the exam-
pie Of Der o7un proceedings. And it is here
perhaps more than any where ellie, that the
claim ought to f,rink from examination. 1t
ri. r>Ft fDIl
fervations, that G. Britain is compelled, under
every appeal that can be made to herfelf, to
pronounce her own condemnation and what
is much worfe, that the innovation, which fhe
endeavors to enforce as right Ct guar, is I'M
der that name mere project for extending the
field of maritime CAPTURE, and multiplying the
fources of commercial aggrandijtment: war
fare, in fa9, againit the commerce of her friends,
& a ,n9nobolising grafp at that Of her enemies"
Our author lays down two proportions: lst
that I" whilR G. Britain denies to her enemies
a right to relax their laws in favour of neutral
commerce, fhe relaxes her ozvn, thofr relating
10 her colonial trade, as to other branches !"
2rd, that "whilt fhe denies to neufrais the
right to trade with the colonies of her enemies,
ihe trades berjelf with her enemies and invites
them to trade with her colonies"
The truth of the frit proportion is proved
by the fucceiIive orders of the Britih council,
admitting in time of qvar neutral 1eGck5 as well
as neutral fxpphies into her NJ. India colonies as
alto by the relaxstions introduced into her ma
viga.ion al, which permitted many articles of
the trade of Ala, Africa, and nerica, to be
brought from any place, in any hips belonging
TO a nation in amity. From the preamble to
ihefe acts of the Legislature, it is clearly demon
ffrated, that in all thefe reaxatons of her seaee
fyaem, ihe has even avowed herfelf to be :.go-
verned by the fame policy of eluding the pref
fnres of war, and of transferring her merchant
ihips and mariners from the purluits of COM
merge 10 the operations OF war, which fhe re-
prefeAts as rendering unlawful the like reiaxa-
tons of her enemies"
The truth Of the end propoGtion is alto de-
moaltrated by "the efforts Of Great Britain 10
MAINTAIN trade at all times with the colonies
of other nations, particularly of Spain, both in
peace and war, both by force and clandefinely,
IA attelted by her own as we'll as other hiitori.
ans;" by her favouring by lpeeiai licences, a
trade of her own fuhjeGts with the fame colo
r;es, in the infancy of her bel!igerent pretenli-
on 20 and by train of examples lince the pre-
teniiou was, during the war of 1898, brought
again into action, under which laf head our au-
thor particularly refers to the atf of Parliament
OF June 81, 1905, "to confolidale and extend
The prnvilions respecting the free borisin the w.
1odes." This act effahlihes certain free ports
in Jamaica, Grenada, &c. distributed THROUGH.
ont the W. IndiPS, into which her enemies colo
MES may import all their valuable produS tions,
and from which they may export "rum, ne
groes and all goods, svare5, and merebaa9ijcs,
excepting naval flores, which fhall have been
imported thther in Britfh vefles." Does not
every one perceive the immeDfe benefit which
G.. Britain wifhes to derive from her belligerent
principle, when taken in connection with the
preceding regulation? Does fic not here A.
!, vow to the colonies of her enemies, that thew
ilall not trade with neutras, yet that they NAV
trade in their own vefiels through her borf5,
for the purpofe of extending her own carrying
trade?
" But Gays our author) a moft intereiting
view Of the conduit of Great-Britan will be
preieuted by biaory of the novel principle
which ihe is endeavouring TO interpolate into
1be code public law, and by an examination
of the filliaeie5 and nconEReneieJ TO which her
government, and her courts have reforted, in
maintaining the principle ~ In his nveftiga.
ton of this part of the fubjea, our author en-.
sers into an able and elaborate detail, which
i,iS fcarcely pofIibIe to condenfe within any
intellgible compass.
He proves that this principle was never az
fired or enforced by her ag1nt other nations
before the war of l756 and that it was during
tlis war, that " the naval refources of Great
Britain augmented by her prosperous com