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

Gone TO them.
on 4rtictc III. This regulation is confor-
mablc to the law of nati~-s, and to the tenor of
all treaties which define the belligerent claim
OF visiting and searching neutral vessels. No
treaty can be cited in which the practice of
compelling the neutralvessel to send its boat,
its officers, its people or its papers, to the
belGgerent vessel, is authorised British
treaties, as well as those to which she is not
party, in every instance where a regulate
OF the claim is undertaken, coincide with
the article here proposed The article is in
fact almost a transcript Of the article
Of the treaty of 1886 between Great Britain
and France.
The regulation is founded in the best rea-
sons 1st, 1t is sufficient for the neutral that
he acouiesccs in the interruption of his vov-
age, and the trouble Oh the examination, i'm
posed by the belligerent commander To
require n positive and active cooperation on
his part in behalf OF the latter, is more than
can be justified or any principle I'd The
oeiiigerent party can always send more con-
venicntly to the neutralvessel, than this can
send to the belligerent vessel, having neither
such fit boats for the purpose, especially III
rough sea, nor being SO abundantly manned.
3D.. This last consideration is enforced by the
numerous and cruel abuses committed in the
practice of requiring the neutral vessel to
send to the belligerent. AS an example YOU
will find in the documents now transmitted
case where neither the smallness and lea
kiness of the boat, nor the boisterous state of
the weather, nor the pathetic remonstrances
OF the neutral commander, had any effect on
the imperious injunctions of the belligerent,
and where the task was performed at the
manifest peril of the boat, the papers, and
the lives OF the people. The limitation of the
number to be sent on board the neutral YES
sci is a reasonable and usual precaution a
gainst the danger Of insults and pillage
On .4q'ticle ~. This enumeration of con-
traband articles is copied from the treaty Of
1871 between Great-Britain and Russia -
1t is sufficiently limited, and that reatv is
an authority more likely than any other to
be respected by the British governments
The sequel of the article, which protects
the productions of hostile colony converted
into neutral property, is taken from the
same model, with the addition Of the terms
6 in any case or on any preteXt" This adj
dition is meant to embrace more explicitly.
our right to trade freely with the colonies at
war with Great Britain, and between them
and all parts of the world in colonial pro-
auctions, being at the time not enemy's, but
neutral property "a trade equally legitimate
In itself with that between neutral countries
directly, and in their respective vessels and
such colonies, which her regulations do not
contest.
In support of this right, in opposition to
the British doctrine, that trade not allow
ed by a nation in time of peace, cannot be
opened to neutrals in time of war, IL nav
be urged, that all nations are in the rrac-
tice OF varying more or less in time or war.
their commercial laws, from the state OF
these laws in time of peace a practice a
greeable to reason as well as favorable t.
neutral nations that the change may be
made in time of war, on considerations
not incident 70 state of war, but on such as
are known to have the same effect III time
of peace; that Great Britain herself is in
the regular practice of changing her naviga-
tion and commercial laws, in times of war,
particularly in relation to a neutral inter-
course with her colonies that at this time
she admits a trade between neutral coun-
tries and the colonies of her enemies, when
carried on directly between them, or be-
tween the former and herself, interrupting
only direct trade between such colonies &
their parent state, and between them and
countries in Europe, other than those
to which the neutral trade may respectively
belong; that as she does not contest the
right of neutrals to trade with hostile colo
mics, within these limitations, the trade can
be, and actually is carried on Indirectly be-
tween such colonies and all countries, even
those to which the colonies belong: and,
consequently, that the effect of her doctrine
and her practice, is not to deprive her enc
my of their colonial trade, but merely to
lessen the value of it in proportion to the
charges incident to the Circuitous course in
to which it is forced, an advantage to her
which if just in itself, would not be sufficient
to balance the impoitic vexations accruing to
neutral and friendly nations.
These views Of the subject have entered
INTO my conversations with Mr.. Merry
lie expresses, Notwithstanding, belief that
Great Britain will turn an unfaVorable ear to
any proposition calculated to give her enc
mics the resources OF their colonial trade be-
yond the degree i'll which her present regu-
lations permit. This is doubtless to be ap-
pretended, but considering the proposition
as an article which may find balance in
the general bargain, it may not be inad.nis-
sible, or if inadmissible in the extent pro
posed, middle ground may perhaps be ac-
cepted. The colonial trade in question CON
sists of four branches first, between the CO.
ienies and Great Britain herself secondly.
betw cen the colonies and the neutral coun-
tries carrying on the trade thirdly, between
the colonies and neutral countries not them
selves carrying on the trade 'fourthlv. be-
tween the colonies and the countries to which
they belong, or which are parties to the war
with Great Britain.
The first and second branches are those
with which her own regulations accord. The
last is that TO which heraversion will OF
courec be the stongest. Should this aversi-
.,.ry,r ..4~.l.f L. -