The enquirer. [volume] (Richmond, Va.) 1804-1815, 1808-04-26


neither be disposed to resort to such pre-
text; nor unwilling to avail themselves of tn,
precise sanction as far as it was given, b,
their predecessors.
With respect to coItraband, which is tn,
subject OF the 18th article, il may be obser
we'd, that as it excludes naval stores from ths
Hist, and is otherwise limited to article.
strictly military, it must, if admissible to c.
Britain, leave but feeble objections to an a.
bolition OF contraband altogether. In the
pres state of the arts in Europe, with the
intercourse by land, no nation at war with CT
Britain can be much embarrassed bv leaving
those particular articles subject to maritime
captures.-Whilst the belligerent nations,
therefore, have little interest in the limited
right against contraband it imposes on neu-
trails all the evils resulting from suspicious
| and veXatious searches, and from questions
incident to the terms used in the actual emu
meration. 1t is not an unreasonable hone.
therefore, that in place of this article, an en-
tire abolition OF contraband may be substitu
ted. Should this be found unattainable, it
may be an improvement of the article, as it
stands, to subjoin, for the sake of greater eau
ton, to the positive enumerati On, negative
specification ofcertain articles, such as pro-
visions, money, naval stores, &c. as in no
case to be deemed within the meaning of the
article; with proviso, that the specifcati-
on shall not be construed to imply in the least
| that any articles not specified in the eXcep-
ton, shall, on that account, be liable to be
drawn i'll question.
A doctrine has been lately introduced by
| the British courts. and at length adopted BY
the instructions of June, 1908, to British CRUZ
zers, which regards contraband conveyed in
one voyage as affecting a resumed or return
voyage, although the contraband shall have
been previously deposited at its port of dcs-
tnation. 1t will be a further Improvement
! OF the article to insert declaratory clause
against this innovation, and the abuses Incl
| dent to it. "a
The 4th article, besides the stipulation on
the subject of Centraband, relates to two o.
Their subjects. 1st--That of free ships, free
goods.-2d-That of trade with enemv's CO.
lonies.
1st. With respect to the first, the princi-
pie that neutral flag covers the property of
an enemy, is relinquished in pursuance of the
example of the Russian treaty on which the
article is modelled; the REIMBURSEMENT how
ever being connected with, and conditioned
on, the provision in favor of the neutral right
| to the colonial trade. The IMPORTANCE of
that principle to the security of neutral
| commerce, and to the freedom of the seas.
has at all times been felt by the United States
and although they have not asserted it as
the established law of nations, they have
been ever anxious to see it made q part of
that law. 1t was with reluctance of course,
| that contrary stipulation was authorised, s
| merely as a mean OF obtaining from Great
Britain, the recognition of a principle now
become OF more Importance TO neutral natl
ons possessing mercantile capital, than the
principle of g free ships, free goods 1t IS
to be particularly kept in view, therefore
that such contrary stipulation is to be a.
voided if possible, and if unavoidable. that
the stipulation be SO modified as to inter
fere as little as possible, with the spirit and
policy of any provisions in favor of the priu-
ciple, which may be likely to be introduced
into treaty OF peace among the present
belligerent powers of Europe. Should it be
known that Russia as well as France mean
to insist on such provision and that such a
stipulation by the United States. howeve,.
modified, will materially affect her conf
dence and good will towards them, the oh
lection to the measure will ACQUIRE force
that can yield only to the considerations that
without such a sacrifice the provisions for
the security Of our seamen, and of our neu-
trail commerce, cannot be obtained, and that
the sacrifice will efectually answer these
purposes.
"a. i he vast importance of the colonial
trade, with the circumstances and the excite
ment which have taken place sill re the date
OF the original instructions to Mr. Monroe.
will require that the neutral right or this
subject, be provided for in an appropriate ar
ticle, and in terms more explicit than are
used in the article under review As the
right in this case, turns on the general priv
ciple that ncutrals may lawfully trade, wifi
the exceptions of blockades and contraband
to and between all ports of an enemy, and in
all articles, although the trade shall not have
been open to them in time of peace; Darti-
cular care is to be taken, that no part of the
principle be expressly or virtually abandon
cd, as being no part OF the law of nations
On the contrary, it is much to be desired.
that the general principle in its full extent,
be laid down in the stipulation. But as this
may not be attainable, and as too much
ought not to be risked as an iHficxible pur-
suit Of abstract right, especially against the
example and the sentiments of great now
ers having concurrent interests with the u
nited States, you are left at liberty, iffound
necessary, to abridge the right in practice.
as is done i'll the supplement of Oct. 1901, to
the treaty of June of that year, between Rus
STA and G.. Britain; not emitting TO provide.
that in case Great-Britain should by her
treaties or instructions leave to any otherna
ton the right in a greater extent than is sti g.
pulated 20 the United States, they may claim
the enjoyment of it in equal extent
The abuses which have been committed
by Great-Britan, under the pretext that n
neutral trade, from enemy colonies, THROUGH
neutral ports, was direct trade, render it