The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-08-14


in The Zuyder Sea. Foreign courts had not iuft:e.
emf notice of blockade before they could bind their
fnbjeas. Il hadto go far Copenhagen CONTAIN.
<inoPs, &c. To eonai,ute blockade il is eta
tha, the place be Unveiled 18th efficient number
oil veiles that Ratoned prevent any cor,nuni-
| cation with the port hlocksded, and he contended
that one veGcl infscene to confitute block
ale. He argued that there no right in this or
any other country order blockade but for the pur
poie of annoying enemy in warfare, and rot cafes
OF commerce. and TO interfere in the trade Of neu-
trails except Tor their falety, He argued at con-
derable length the great hlrdhips OF neutrals ard if
there was not free paFage for them theirs was lrong
cafe for compa!iou. To induce the penalties of a
breach of blockade, there ioud be proof both of an
actual blockade then exiting, and of the actual or
preiumptve knowledge of the blockade by the partly
charged with violating it and the learned doctor
eentended that there was proof in this cafe. Of
scers and Others employed to carry blockade into
elect, cannot, at their piuaiure, and for their
own profit, vary and extend the operation which ha,
been notified by the governments from which they de-
rive all their authority The notification of block
ade having the elle9 of penal law, ought to be
tricty confirmed in favor OF toe upon whole proper
ty diiobed;ence neglect of it, even by their a.
gents, is 10 heavily to fall and the public notice gi-
ven by ms maiehys government to the Danih mini.
tier, did not either in words, in any fair in
depreciation be collected from the motives there al
igned for the exiftence of the blockade contain any
prohibition of entrance by the Vile Paiiiye His
maJettys government, after the blockade of the Tex
e was declared, continued give licences TO neutral
ihps, to go from this country through the Vile PAT
iage, ard ffty-two licences granted "A public
notice does not carry with it conclufive proof howe
yer it may afford Tome prefump,ion Of an actual block
ade; aud from the evidence in this caufe il appears
that no actual blockade of the Vile pafage then ex
itted.
he. ,F, IL
from ten o'clock to four, when the appellants ha-
wing hnifhed, their lerdihps eonlutedfor few mi.
nutes, and deferred their deciiion upon the queon
TO future day.
N u. The deciGon of this important queRion was
cohidered 10 great, that the late nlixiners and all
the members OF the prvy council Gummoned TO
attend, the following were prefen,-Earl Camden
the Predent of the council, the lord chancellor the
mailer of the rolls the duke Muntroie vifcount CAT
| tiereagh, and two others Tie American ambeiTo-
doris attended, and paid very great attention tie the
whole of the proceeding
June 9.
Iefterday morning the court met again, to
proceed further in this important cauie. There
were preient-ihe lord chancellor, the duke of
Montrofe, ear!s Camden, Bathurft, and Clau-
carty, lords Hawkeibury and MuIgrave, and
the mater of the rolls.
Sir John Nichols, the kings advocate, was
heard at comfortable length for the Respondent,
IN reply to DR.. Laurence, for the appellants.
The learned gentleman commended, that every
thing that had been done by the RESPONDENTS was
agreeable to the law of nations. He agreed with
his learned friend in fome points, viz. that il
was necetiary to af''- tain that there was bloc
kadc--and alto wh,.t contributed blockade
but he denied that it was necehary to have fuch
| number of ihipS to blockade port, as in the
cafe of beGegcd town. He obferved, that it
| had heen decided in that court, in the cafe of
the Columbia, that flip quitting her port,
and bound for blockaded port, made her liza
BILE 10 conhication. He contended that it was
not niece fairy that any number of fllps fhould
be hxed upon to confttute blockade, but
that the number iha in all cafes depend upon
the times and circumstances. In the blockade,
IN this cafe, there was large feet, but it was
not necel!ary that they ihould all be all toge-
ther; they were distributed in various parts.
In the cafe of admiral Jervis and general Grey's
proclamation FOR blockadng the Wet India IN.
ands, that was not held good bccaufe it was
not accompanied by an act The governments
did not allow of ilch a blockade, without u.
ling proper means TO enforce it. The Judge OF
the admiralty had very Ienientiy fettlcd it, that
cargo was not liable to conEfcation--w
the mater of the vefel was mere carrier.
A'uN tH'At wac bOt NdtG the cargo
was conigned to the mater, and he commended
that the notification had been ihued time enough
for him to have known it before he had failed
from his own port. He therefore prayed their
lordihps' affirmation.
The court was then cleared, and their lord
fhips deliherated for upwards of an hour. On
the re-admiilion Of fraDgers, the lord chancellor
took general view of all the circumstances of
the case, and laid great ftrefs upon the mater
having unlimited power to fell the cargo. His
lordhiP read trannation from the French of
the copy of the notice of the blockade, fent by
lord GrenvIe, then fecretary of fate for foreign
affairs TO the Dauiib and all the foreign miniaers.
He then took notice of the vtf1el being boarded
off the Fly illand by the Proftrpine, and Of the
notice of the blockade beng indorfed on her pa
pers, &c. This his ordiiIip confdered the beR
poiiibIe evidence. His lordhip f4id, the Board
had taken into confederation the ueftions and
points ftated by the counfelon both fiGes, and
were OF opinion, that a blockade did exit at the
time in queftion that the notification was duly
given and properly acted upon-that the Motif
cation was properly given to the vehel in queGi-
on, aud that The was properly warned of it,
that the detention of the flip was fully unif-
ed ; and that The cargo not being entruGed to
the matter, merely as Carrier, was properly
conGlcdted.
The Reeiller of the admiralty then generally
pronounced their lordIhps affirmation. This
cauie excited 70 much intereft in Doctors Com