Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1808-04-22


the cause why the term " Europe' was
introduced into the article, III reference
to the ports, TO which colony produce
might be carried, and {. European in
reference to the manufactures which
might be carried TO enemy colonies,
and to shew that they were adopted
with view to open on the widest scale
the ports which had been at any time
shut on them by the British orders.
Although the policy of these orders,
as well as of the principle on which
they are founded, is more particularly
applicable to the direct trade between
the enemy colonies and their mother
country, yet as the term Europe"
had been adopted in the notifications
that were made in them, first at the
instance of the u. S. and afterwards
at that of the neutral European powers,
as the widest scale within which the
inhibition operated, it was thought best
to use that term to prevent the pos
sibilitv of mistake, as TO the extent of
the adjustment. Had terms of more
extensive import been adopted, they
could not have been more effectuai TO
the object, while they might have ten
ded to enlarge the sphere of British pre-
tension, by extending it TO cases to
which it would be highly improper to
give sanction.
But it is supposed that although the orders
ofthe British government may rot have inhi-
bited this trade ills comprised in the general
inhibition Of the British principle. fthe Bri-
tish principle inhibits such trade, which do
not admit, il does no. follow thar sapcfion to
thar inhibition is given by this article for rea-
article does nor extend 10 that trade, the rights
OF the parties cannot be Affected by it They
remain equally in force agants The principle,
as against the Instructions, had they Inhibited
| It. Bur the claim 20 an exemption from that
| trade from che operation of the British pfinc-
pie, rests or ssil stronger ground admitting t.;af
| lt ever extended 10 it, which however am far
from admitting, il can be shewn t,.at the orders
themselves, take it completely from within .he
scope Of shat principle By insrucf;ng the
cru'zsrs 10 seize vessels engaged in a par
ocular trade, every other trade is allowed.
i'is in tina, mode, that What is called re-,
Taxation oftnc British principle, is Effected,
The order reduces the principle 10 lis own
standard, or, in Other words, becomes the
(priEciple itself, Ii this doctrine is rot
true ii is impossible 10 designate in what
mode the relaxation, which is universally
admitted, of the British principle, IS
wrought or 10 prove that there has been
any relaxation ofit whatcyers IF The orders
have not that effect, Of hal avail are ,hee !;
That they have that effect is ptoved by
the decisor CT the courts, and the prac
lice un6er them. am aware Of the
broad doctrine held by the courts on this
subject, but That doctrine, nece ssarily am
lbiguous from ihe dilemma in which ,he
Courts were placed by the Inconsistent or
ders OF the government, if not reconciie-
able TO this construction (as ] think il is
when the whole subject is taken into view
IS contradcted by the decisions Of tha
same courts and the explanations Of The
! government Itself.
| say that this trade is not inhibited by
the British principle, because it supPoses
a trade between enemy coinnies and the
mother country But trade between The
United States and Asia or Africa. let the
| subject of IL be what ii may, is not h AIDE
II that kind. 1t IS q trsdz with ipdepen-
Dent powers al peace with Great Britain,
with whom we have right "a trade, by
ali The rules which Grsal b RAIN has at
any iDe insisted on. Ii would be of dan.
gcrous tendency to admit that Great B,i
ain had a pretension 10 interfere With
such trade ia auy Gaze, After the goods
a,e # ceiyed n,o TIE y. States, 10 matter
of what articles they consist, or from
what qnarter they came they are the PRO.
4 psny Of the country, ana may Of right be
shipped 30 any o.heF county. The Rri-
! tsh principle does not coa,ravert this doc.
triBe. 1t asserts IN lis widas, range the
tight only 10 seize them on their route to
he neutral country, and from il TO the mo
ther country of the colony, or some other
eneny country of Europe. provided they
be not incorporated into The g,cck Of The
neutral country IL ihey are they may go
under the arrangement made 10 The caun
tries to which the British principle applies.
But they require 40 sanction from the Bri-
tlsh government, 10 30 10 those to which
1t does rot apply. The destination Of The
vessel alone would, as presume, dispel
every doubt of the legality of The trade,
end preclude all farther inquiry concern
iGg it. The question Of continuity og voy.
age could never arise in such case. Il;
- certain that The arrangement, alluded 10
gives no sanction 20 IL. and for The best OF