The enquirer. [volume] (Richmond, Va.) 1804-1815, 1808-05-27

"H iOu"NSu oH tuC I'll IT one DOW
CT could not alter the law of nations, with
out the consent of the whole. Those decisi-
ons had been looked to by all Europe, as be
ing strictly conformable to the law of natl
ons, and had been described, by an eminent
writer, as the most worthy TO be regarded |
because they could not be influenced by the
order OF the sovereign, or the caprice of |
minister.-Now the great principles upon
which these decisions were founded were to |
be wholly subverted, a new law Of nations |
was to be introduced by this country, and |
made subservieDt to our own convenience !
his new law was to be found in these Or |
derSln Council, which stated in their pre- |
amble, as the reason for issuing them, that |
there had been An increased rigor i'm the exc |
cution OF the French decree. In order to |
support this assertion it should have been
provcd-first, that there was a rigor !
and then, that that rigor was increased |
this assertion remained wiloiiy improved !
and yet its assertion in the preamble could |
alone authorize the execution of those Or |
ders i'll courts of admiralty; without it the !
orders could not have been construed in
courts OF admiralty, contrary to the esta-
blished law Of nations; and yet the docu-
mcnts laid before the house by ministers,
wholly failed in proving this very assertion,
which must form the ground of carrying the
orders into effect. But then it was said that
all this was do.ie under the authority of the
king 5 war prerogative. The law of nations
was only operative in time of war, and it
were an absurdity in reasoning and a contra
diction in principle, to say that it could be
| abolished by the kings war prerogative that
that which only existed in force in time of
war, could be stihed in its birth, could be,
in its very origin, abrogated by an opposing
prerogative, which also derived its existence
trlfrA t,nS I.l,.
| statutes of the reign Of Edward lid and
Richard I'D; to prove that by the DISTINCT
on there made between the property of
Denizons, foreigners, and enemies, that the
| principles OF the law of nations, as existing
in time of war, were even then Clearly un-
| derstood, and seemed in his opinion, to ne
| gative the Counter operation of any such pre-
rogative. In later times also, such prero-
/ Sati,e had not been exercised. Ii I7o9,
upon an emergency, Queen Anne called her
Parliament together, it not seeming to be
conceived at that time that she could eXcr-
else any such prcrogative He could not con-
ceive that 1t existed now in the manner pre-
scribed in support Oft these orders. If, how
ever, these orders were thought so necessa-
~ to ministers, SHY did they not con,nlunt-
| cate them ia die season 10 .4n,erica 2 In
stead Of this Mr.. Monroe 7vos suffered 10
SAT-, and Mr.. Rose zvaS sem there zvithout
6ei7S informed Of The intention Of iSsuing
them. n faciJfc mission 7vas sent, and IN
the mean time our Shits g,ere sent out to
| capture american Ues3eis, or 10 force the1a
INFO oMrforts. Why was this resorted to
this was no secret expedition there was no
necessity for concealing information of an
expedition directed against ships not rugged.
. We had forced America to resort TO an
embargo in her own defence 10 keen her
! vessels in her own harbour S, TO prevent their
! being captured and thus to cause the great
est distress for want OF that trade which had
been TO them and to MS greatly beneficial
He commended that every power had RIGHT
to make laws with respect to the entrance of
vessels into its own harbors and in this
| point OF view the provision in the orders in
council with respect to certificates was. in
his opinion, unjust. Another most objection
ahlepont was the warming. 1t had been said
Oh former night that this was not intended 10
compel American vessels to come into our
ports, but they might if they pleased, return
to their own ports. Was this to be consi
silered 40 satisfactory 10 the Americans :
lhey ccr1e upon trading voyage, and they
are told, you cannot SO where you intended,
without first cominginto British port but YOU
may, you please, return home. If when he
pracused III the courts of kings bench, he
! had been told, when he had a brief of great
Importance, the King had issued an order,
that in going to Westminster Hall. he must
pass through particular street and pay toll,
would 1t have been satisfactory to him to have
been told, we do not compel you to go to
Westminster Hall but You may ifvou please
SO home to your chamber and go to sleep: or
II gardener we're to be to told in going to
Covent Garden market he must take Cir
cuitoGs route and pay toll by the way, would
1t be told, we donot compel you to go to Co
vent Garden mafket--you may return home
I II you please, or you may strew your vegeta-
bies about the street; his lordship briefly re-
capitnlated his arguments, and again urged
the great Importance of the question which
was to be decided upon by their lordships,
whether all those principles of Justice, ho-
nor and good faith. which had hitherto ac-
tuated our conduct towards other nations
should at once be abrogated and a state of
barbarism substituted for civilization-whe-
ther that light which had hitherto shone pre-
emlnently in Britain to guide and direct Eu-
rope, should at once be put out, & the great g,
lust principles of the law of nations envelon-
ed in da kless and obscurity. The noble lord
concluded by moving the following resoluti-
OnS:
1st. That the power of making laws to
bind the people of this realm is exclusively
IN his majesty, by and with the advice and
consent of the lords, spiritual and temporal,