The enquirer. [volume] (Richmond, Va.) 1804-1815, 1808-05-12
mo. 9.

OH which provides for the postponencnt. We
have, as you will perceive, in conformity Will,
our instruc tons, reserved the right to our,
| government TO counterfeit any regulations by
which the British government may exclude
us from Fair participation i'll that commerce.
While the war lasts, we shall epioy II in
a certain degree with the Consent of the Br.-
fish government by necessity. And the re.
| servation cannot fail to be considered bv II.
as powerful weapon of defence, to be u,tle,
| when occasion calls for it. 1t must be seen
that it will be impossible for the Congress
to prohibit an intercourse between tile Uni
ted States and the West Indies, in British
vessels, without producing a very serious ef-
| feet ON their whole navigation and CONNER
ciat Interests. We hatter ourselves. there.
fore, that it may be found practicable. and
perhaps not diftc,it, to 'irrangc thix t...i-.-.x
hereafter, to the satisfaction Of botli coun- 4
| tries.
| The seventh article relates to the apno;nt-
ment of consu,s by each party in the terrific
ries and ports of the other. 1t was taken
| from the treaty Of 1874.
! The eighth article, which specifies the can.
ses for which vessels may be captured or de.
tanned, including among them, the circum-
stance of their having enemies property on
board, is Except the last clausel = trans
crpt OF the l7th article of the treaty of
1874. The stipulation contained in thar
| Gauss, that the parties shall be allowed a.
dequate damages and charges of tie triaj IN
all cases of unfonnded detention or other con.
travention OF the regulation of the present
treaty, VIII, we presume, produce the salu-
tary effect contemplated. by il. There is.
perhaps, no principle in the maritime nref4n'
sions OF this country, which has bee., more
abused in practice, than that which this nro.
vision is int9'ded TO remedy. That damages
should be allowed i'll all such cases is II ;s
true, doctrine recognized by the court of-
admiralty. 1t cannot, however, be tloubtcd
that by providing for them in the treaty. tie
obligation TO allow them, will ACQUIRE great
err force with the court, aid even The pove,r.
ment itself, while it cannot fail to @eive a.,
useful adIhonition to the crsizers.
| 1 he mini article regulate, what shall he
deemed contraband OF war You will observe.
that tar ana turpentne, except when dcstin-
led TO place OF naval equipment, are mot
comprised III It, and that provisions are Alto
sether omitted. we endeavored To exclude.
from it naval stores, bat without effect ~.
succeeded, however, in exemoti.ip the YES.
sci on the return voyage, after de yos;tiufr hey
cargo at the port. OF her destination. froS, be-
ing detained on the plptence thnt If cous;,ta,
of contraband articles.
The provision in the tenth article. re,ativ.
: to vessels sailing without KNOWLEDGE of :,
blockade, is somewhat altered from tie tree
ty OF l194. The precise effect 9th chance
cHr t..t
lty; but 1t seems to be ear that il carnnt -.
otherwise than advantageous The alt.,..;-
ons consist III The intrcduc,io jnto rhe nv
amble OF "the distance and other circ,,,,I.
stances incident TO the situation NJ tLs 49,.
tracing parties" and of the word ss,,ch"
INTO the provision which follows The free
: amendment appears to justify an inference
'hi'' Oh account OF the peculiar circums.an-
, ces, local and relative, thus rec;trd &c 49,.
!, reasons, why, in the opinion of the contrsc.
ting parties, " 1t may FREQUENTLY bunr-r
that vessels may sail for port OF place With,
out knowing 1t is beseged b.ock de or IN
: vested, our vessels ought not 10 be liable ~
be judicially affected with KNOWLEDGE of
! blockade. SO as to subject than to 6eraif,'
by the evidence usually held 10 be sufficient
! TOR that purpose. Sir w. Scott decided in
1899, that, i'll consequence of the distanco -
the United states from Europe, we were en-
titled to more favorable rule in th.+ ,.ec
PeCt thdn other countries, and on. articls
may be fairly considered as adontinq tha+ =
dea and acting upon 1T. On the foundation rs
the single tact OF distance, Sir w. Scott iusti
: ned a comectural destination from America
| to Amsterdam, although the blockade of ia.
) port had been notified and the parties Con-
| cerned were proved to have known of IN.
S commencement OF it. The article as II nov
stands, seems necessarily to imply. az Ieaet
} the same indulgence and, if il does If cnr.
tainiy goes farther than Sir w. SCOTS oni-
Mon, which does not admit that an enquiry
can be made of the blockading force. as onr
article unqucstionably does, in the cases 70
which it applies. IL does not appear to do
unreasonable to hold, that, peculiar motive
being now assigned in the preamble for The
, provision which it introduces, corresDoo.
dent peculiar effect is contemplated bv tb,.
provision and no such effect can foIloty from
it, if 1T be not, that [as our distance nalcs
J itimpossibie THAT we should have constant
, information of the state of the blo-.kaGs
: whether it continues, or is relaxed''7 tb,.
f., mere notification of the blockade or even th.
knowledge that the blockade has been com
o menced de facto, shall not be sufficient 81
make the dcst'Hation Illegal, but thar NOT
D outstanding such notification or k1e,wledpc
we shall receive warning at the port or r,lsce
blockaded. The words "withont knowing
! that the same IS either besiegcd, blccka,led
i or invested" will admit of this interDretati-
e on, since, by reason Of our distance, il NAV
: in our case, be truly said rand has in snb-
c stance been ju,liciay saidf to be one ti,iog
: to know that blockade has been notjfe ,%
e instituted, and another that it continpes- -