The enquirer. [volume] (Richmond, Va.) 1804-1815, 1808-05-14

NV W oru f1aWkeSpury OF the 18TH OF March,
1901, demonstrated against these acts as palpa-
Bile abuses =, The subject of this renonstrance
was immediately referred to the kings advocate,
whose report of the 10Th of March, 1901, after
declaring that the sentence OF the vice admiral
ty court was erroneous, concludes with the fol-
lowing exposition of the law as understood i'm
Great Britain, relative to the commerce of neu-
trails with belligerents and their colonies &c 1t is
now distinctly understood, and has been repeat.
edly so decided by the high court Of appeal, that
the produce OF the colonies of the enemy may be
imported by neutral into his own country, and
may be rc-exported from thence, even to the mo
Their country of such colony and in like manner
the produce and manufactures of the mother
country may, in this circuitous mode, legally find
their way to the colonies. The direct trade. how
ever, between the mother country and its colo
MES, has not, apprehend, been recognised as le-
gal, either by his majesty's government or by his
tribunals.
" What is a direct trade, or whit amounts to
an intermediate importation into the neutral co,m-
try, may sometimes be a question of some diff
Guilty. A general definition of either, applicable
to all cases, cannot well be laid down. The ques-
ton must depend upon the particular circumstan-
ces of each case. Perhaps the mere touching in
the neutral country, to take fresh clearances, may
properly be considered as fraudulent evasion,
and is i'll effect the direct trade but the high
court of admiralty has expressly decided (and l
will vary the rule that landing the goods and pay
ing the duties in the neutral country, breaks the
continuity of the voyage, and is such an mporta-
ton as legalizes the trade although the goods be
reshipped in the same vessel, and on account of
the same neutral propretors, and be forwarded
for sale to the mother country or the colony"
An extract from this report, containing the
foregoing passage, was transmitted by the duke
of Portland, in letter of the 3Oth March, 1901.
to the lords commissioners of the admiralty His
grace's letter concludes thus: " In order, there
fore, to put step to the nconyenienees arising
from these erroneous sentences of the vice adj
miralty courts, have the honor to Signify to YOUR
lordsbips the kings pleasure that comrnunica-
ton of the doctrine laid down in the said report
should be Immediately made by your brdships to
the several Judges presidingin them, setting forth
what is held to be the law upon the subject by
the superior tribunals, for their future guidance
and direction"
On the 18th of April, 1901, lord Hawkesbury
communicated to MFR. King, for the information
ofthe government of the United States, copy
ofthe above letter of the duke of Portland, which
is stated by his lordship to have been written by
his majesty's command, in consequence of Mr.
King representation of the preceding month.
together with a copy of the extract from the re,
port OF the kings advocate, referred to i'm his era
ce's letter, and already above quoted Upon the
receipt of this communication Mr. King trans
mittcd it to his government in letter (of which
a cop IS annexed) containing the following
observations " 1 take the liberty of suggesting
the expediency of publishing these copies in our
newspapers, as the most expeditions means of
communicating the same to the cruizine ships
and privateers in the American seas. Having
intlmated this suggestion to lord Hawkesbury,
before he prepared and sent me his answer
there can be no exceptions here against such
publication" The publication was directed, and
took place accordingly.
The undersigned are persuaded that lord Ho,
land and lord Auckland will at once perceive
that the report of the kings advocate, thus une.
qulyocally adopted by his majestys government,
and communicated, as act to be respected
and confded in, through the American minister.
to the government of the United States, and final
iy to their citizens and to Europe, through the
medium of a publication expected and attbori
zed, cannot, in any fair construction, be viewed
as any thing short of formal declaration, on the
part of Great Britain, " that the landing of the
cargo and the payment of the duties in the neutral
country" would be considered as leealizinp the
circultous trade, even between belligerent and
its own colonies
The practice during the late, and the two first
years OF the present war, was in perfect confor
nifty with this document, and by that conformi
ty increased its authority, and furnished an addi
tional justification, if any had been required, for
dependence upon the doctrine which it announ.
ced.
In the summer of 1906, however, wben
large amount of American property was afoat.
undeniably entitled to the protection of the above
rule, and committed to the high seas, under an
implicit reliance upon strict adherence to it. The
rule was suddenly abandoned, and British crui.
zers fell upon this trade, thus sanctioned by the
express admission, as well as by the acouiesc.
ence other government and these captures
are understood TO have received the highest Judi;
cial sanction
The undersigned have no desire to dwell upon
this subject. They are convinced that the libe
raj and equitable sentiments which distinguish
his malesty's government, render unnecessary
the farther explanations of which il is suscept
bic. Referring to two notes, from the under
signed Mr.. Monroe, to lord MuIgrave ofthe 23d
of September, 1905, and to Mr. Fox. of the 25th
OF February 1906, the undersigned have only to
declare their sincere conviction that his maiesty's
government will not fail to see in the facts which
they have had the honor to state, an irresistible
call upon 1T to repair the injurious effects of these
seizures. AS TO the few cases of this class. now
depending before the lords commissioners of an.
peal, or in other prize courts Of his majesty, the
Undersigned feel assured that measures will be
taken to cause them TO be favorably disposed Of.
and that suitable PREPARATION will moreover be Sc
curedto the parties injured, for the loss and da
mage they have sustained. The undersigned
have the honor 20 transmit herewith, list Of all
tie cases OF this class, in which are distinguish