The enquirer. [volume] (Richmond, Va.) 1804-1815, 1808-04-15

r
versations with its ministry on favorable &C.
casions However repugnant that govern
ment may be to adcparture from its system,
IN the extent contemplated by Mr.. Crown
lnshield's motion, it may at least be expect
ed that the trade as opened in former wars,
will notbe refusedunder circumstances which
in the present, particularly demand it. Ii
may be hoped that the way will be prepar-
cd for some permanent arrangement on this
subject betweeH the two nations, which will
be contormable to equity, to reciprocity, and
to their mutual advantage
have the honor to be &c.
(Signed) JAMES MADISON
COPY
From Mr.. Madison, SecretQry of STATE. to
Mr.. Monroe, Minister Plenihotentiary
ofthe United States at London.
DEPARTMENT OF STATE,
Hh'1l II, 1905.
Inc papers herewith enclosed, explain
parti culariy the case of the brig Aurora.
The sum of the case is, that whilst Spain
was at war with Great-Britain, this vessel,
owned by citizen ofthe United States, bro't
a cargo OF Spanish produce, purchased at
the HAVANA, from that place to Charleston.
where the cargo was landed, except an in
significant portion OF it, and the duties paid
or secured according to law, in like manner
as they are required To be paid or secured,
on like cargo from whatever port, meant
tor home consumption that the cargo re-
NAMED on land about three weeks, when it
was re-shipped for Barcelona in old Spain.
andthe duties drawn back, with deducti
on OF three and a half per cent. as is permit
tea TO imported articles in all cases. at anv
time within one year, under certain reelila-
tlonS winch were pursued in this case chat
the vessel was taken on her voyage by a Brj
tlSh crulzer, and sent for trial to Newfound
land, where the cargo was condemned bv
the court OF vice-admiralty and that the
Cause was Carried thence by appeal to
Great-Britain, where it was apprehended
that the sentence below would not be rever-
Sed
The ground of this sentence was. ami that
Oh It's confirmation, if such be the resnlt
must De, that the trade in which the vessel
was engaged was unlawful and this unlaw-
tuineSS must rest, first, on the general min
ciple assumed by Great-britain, that a trade
from colony toits parent country, beng a
trade not permitted to other nations in time
OF peace, Cannot be made lawful to them in
time OF war secondly, on the allegation that
| the continuity or the VOYAGE from the Ha
wanna TO Barcelona was not broken by land
ing the cargo in the United States, paving the
du1ieS thereon, ana thus fulfilling the LEGAL
prerequisites to home consumption: and
therefore, that The cargo was subject to con-
domination, even under the British REGULATE
on OF January, 1898, which so far relaxee
the general principle to allow a direct
trade between a beliigerent colony and n
neutral Country Carrying on such a trade.
Wllh respect tie the general principle
winch disailows TO neutral nations in time of
war, trade not allowed to them in time of
H. M
FIRST, that the principle is of modern dat :.
that 1t is maintained, as is believed. by no o.
tEcF nation bat Great-Britain, and that If
was assumed by her under the auspices of n
I maritime ascendsucy, which rendered such y
PHnclple subseryient TO her particular inte-
rest. he history of her regulations ON tlis
subject shcws that they have been constant.
y modified under the influence of that con-
sheraton. The course Of these modi6cati.
ol5 WIN De seen III an appendix to the 4th
'oiuhe OF hooihsoh's Admiralty reports
secondly, that the principle is manifestly
contrary to the general interest of cornmer-
cial nations, as well as to the law Of nations
| settied by the most approved authorities
Whlch recognizes no restraints on the trade
| OF nations not at war, with nations at war. a.
ther tilan 1t shall be impartial between the
latter =; that 1T shall not extend to certain
military articles, nor to the transportation of
persons on military service, nor to places ar
/ tuaily Olockaded or besieged.
hlrdiy, that the principle is the nores
chtraIy to reason and to right, inasmuch al
the admission Of neutrals mo colonia
trade shut against them in times of peace
the legality OF which latter relaxation is NOT
known to have been contested, and inasmuch
AS commerce may be, and frequently is o.
pened IN time Of war, between COLONY and
! other Countries, from considerations which
are not incident to the war, and which
would produce the same effect I'm time of
peace; such, for example, as failure mr.
oiminutlOn of the ordinary sources of necee-
Sary supplies, or new turns in the Course of
profitable interchanges.
Fourthly, that it is not ONLY contrary -
the principles and practice of ether nations
/ out to tie practice of Great Britain herself
/ 1t IS well known TO be her invariable practice
III time of war, by relaxations in her navi-
cation laws, to admit ncutrals to trade in
channels forbidden to them IN times of peace
--and particularly to open her colonial trade.
ooth % neutral vessels and supplies, to which
u IS smut IN times OF peace, and that one at
least OF her objects in these reiaxations. is
TO give to her trade an immunity from can
turc, to which in her own hands it gould he
subjected by the war.
FILTHY, the practice which has prevailed in
the British dominions, sanctioned by ord ers OF
council and an act of parliament, 80 csc,
96) authorising for British subjects direct
Taae With the enemy, still further diminishes