Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1808-11-22

enemies, not pretended to be in state of
blockade and TO the British order of coun-
Gil issued near the commencement of the
existing war. This order, besides its ge-
neral Interpolation against the established
law OF nations, is distinguished by special
ingredient violating that law as recognized
by the course OF decisions In the British
courts. Ii subjects to capture and condem-
nation all neutral vessels, returning with
lawful cargoes, on the sole consideration,
that they had in their outward voyage, de-
posted contraband of war at hostile port.
Ii the commerce of the ". S could there
fore in any case be reasonably made the
victim and the sport of mutual charges and
reproaches between belligerent parties,
with respect TO the propriety of their ag-
gressions on neutral commerce, G.. Brit.
ain must look beyond the epoch she has cho-
sen for illegal acts other adversary, in sup
port OF the allegation on which she Pounds
her retaliating edcts asainst our commerce.
But the United States are given To
understand that the British govern
ment has, rs a proof of its indulgent
md amicable disposition towards them,
mitigated the authorised rigor it might
have given to its measures, by certain
exceptions peculiarly favorable to the
commercial interests of the United
States.
l forbear, sir, to express all the emo
tons with which such a language, on
such an occasion, is calculated TO in
spire nation which cannot for a mo-
ment be unconscious of it's rights, nor
mistake for an alienation of wrongs,
regulations, to admit the validity of
which would be to assume badges of
humiliation never worn by an indepen-
dent power.
The first of these indulgences is q
commercial intercourse with the de :.
pendencies Of the enemies of Great Bril-
tain and it is considered as enhanced
by its being deviation in favor Of the
United States from the ancient and cs.
tablished principle of maritime law pro-
hibiting altogether such an intercourse
in time of war.
Surely, sir, your government in as
suming this principle in such terms in
relation to the United States, must
have forgotten their repeated and for
NAL protests against it, as these are TO
be found in the discussions and com.
municaiions of their minister at L on-
|(lon, as well as in explanations occa-
sionally made on that subject TO the
British representative here. But per.
nit me to ask, more particularly, how
it could have happened that the princi-
pie is Characterised rs an ancient and
established one. l put the question
the more freely, because it has never
been denied that the principle, as asser-
ted by your government, was for the
hrst time introduced during the war OF
1856. 1t is in fact invariably cited &
described in all Judicial and other Off
cial transactions as the rule OF 1885,"
IL can have no Presension therefore to
the title of an ancient rule.
And instead of being an established
rule or principle, it is well known that
Great Britain is the only nation that
has acted upon, or otherwise given q
sanction to it. Nay, it is not even an
established principle in the practice oil
Great Britain herself. When first an.
piled in the war OF 1856, the legality
OF a neutral trade with enemy's colonie,
was not contested byit. In certain ca
SEES ofonly ofthe colonialtrade, the allie
CATION was, that the presumptivc evi
ldence arising from circumstances a
gainst the bona fide neutrality OF tn,
ownership justified the condemnation
as OF enemy's property. II the rul,
lot condemnation was afterwards, du
ring that war, converted into the prin
lciple now asserted, it could not posi-
IDLY have been in operation in its new
lshape, more than very few years.
During the succeeding war of f778
It isadmitted by every British author
! ity that the principle was never brough
into operation. 1t may be regarded
in fact, as having been silently aban
doncd; and within the period of wa
since IT'S commencement in 1898, IN,
manner in which the principle has beer
alternately contracted and extended
Explained sometimes in one way
sometimes in another, rested now OF
this foundation, now on that, is no Sc
cret to those who have attended 20 il
history and progress in the British or
IIers of council and the Rrffiah co,v,