The enquirer. [volume] (Richmond, Va.) 1804-1815, 1808-05-12

PRIZE COURT.
,NrsvA, FREDERIC HussEf, Ffl

fhlLcl SOORl.
N.lNrsvA, FREDERIC HussEf, Master.
On FridaJ the 18th inst Sir James Macintosh
gave Judgment in this cause.
This was case Of an American ship taken on
the Sd of December, 1906, going fren Manila
70 Batavia
The ship had lefa Providence in August, 1906,
had touched ut the Isle of France, from which
place she sailed>to Batavia, thence she went to
E Tegall and Manila, and ON her voyage from this
last place back again to Batavia she was detain-
ed. Her cargo consisted chiefly OF Indigo and
Dollars.
1t appeared that she was under the direction
OF supercargo on board, as 70 her employment
lntrade both IN respect OF the cargoes and the
intermediate ports TO which she was TO trade,
previously to her return 20 Providence or some
otherport in America where her voyage was to
end.
For the captors, it was commended, that she was
trading between enemies colonies, and therefore
acting in direct violation OF the letter and spirit
OF his majestys Instructions OF June, 1903, which
command the commanders of ships of war and
priyateers not to seize any neutral vessel which
should be carr; ing ON trade directly between the
colonies of the enemy and the neutral country to
which the vessel belonged.
For the claimants it was Insisted, that neither
Manila nor Batavia the Isle Of France We're
enemies colonies of such nature as to render the
trading thereto by neutral in time @f war ille-
gal; inaslnuch the trade to those places was
open toioregners in time of peace.
The court on former day had directed com.
missiorers to be sent to Bengal and Madras to
ascertain whether the ports of Batavia and Ma
nilla were during the last peace open to any TO
reigners from the ports of India, Europe or A.
mei'ica; andif open whether any and what res
trictions and also to enquire into the state OF
those ports in these respects before the wal
which broke out between Great Britain and
Spain in 1896.
These commissions being in part returned and
1t appearing that ports open to all foreigners
during the last peace, without any restrictions
except as to opium and specie at the port of Ba.
tavia, Sir James Macintosh pronounced iudp-
mcnt of restitution.
The Csptors he said, were fully justified in de
tanning this vessel because in SO doing they were
acting in obedience the letter of the instructions
OF June, 130S.-Batavia and Manill: were Ger
tainly colonies of the enemy, and this vessel was
certainly not trading directly between Amcrict
and such colonies. But though the officers in his
majesty's service were bound to obey these in
stractions, he did not conceive himself sitting a.
ajudge Of prize, in a court whose decisions were
to be regulated by the law of nations, as bound
and concluded by them He believed, indeed
that he was the first and only Judge who had ven
tured to pronounce such doctrine. In ever,
prize court in every country, by all writer's on the
subject, and all administrators of the law, the in.
structions OF the sovereign were regarded as /:
law to the judge. But he considered the law OF
nations as paramount to such instructions and
the King as having indeed right to dispense
with such law but not right to extend it. As
far therefore any of his majesty's instructions
were relaxation of the law of nations in fayo,
of neutrals he should consider himself bound
by them but if he saw in such Instructions any
atteInptte extend the law to the prejudice of neu
trails, he ahould not obey then, but regulate his
decision according to the known and recognized
law Of nations.
Inthe present case, after great deliberation and
minute enquiry, he felt himself bound to say that
neither Batavia nor Manila were such colonies
as to render any trading by neutral nations in time
of war illegal.
II is not their being called colonies that will
render such trading unlawful, Notwithstanding
the letter of the Instructions of 1903 something
farther is necessary, and that is that the trade ia
and with these colonies was prohibited to ouch
neutrals in time of peace