Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1810-11-06
FROM THE Bos ron PATRIOT.
OR DERS OF COUNCIL.
THEIR GENERAL IDEA.

clared herself to be governed by the
un'versallaw OF nations, in all disputes
relating TO persons or property, where
the subj cts of another ration were
concerned. Judge Blackstone says
" Since in England no royal power
cen Introduce new law, or suspend
the execution of the old, therefore the
law of nations, whenever any ques-
ton arises which is properly the OBJ
ject of its jurisdic,ion,) is here a.
Edopted in is full extent by the COM
mon law, and is held to. be part of
Fthe;law Of the land. Aud those acts of
Parliament which have, from tine to
time, been made to enforce this uni-
versal law, or TO facilitate the execu-
ton of lis decisions, are not to be con.
sldered as introductive of any new rule,
but merely as declarat,ve of the old
fund amental constitutions of the king
dom -with7ct ich it must cease
to be apart of thee ivilized world"
Vol ~, p. 81.
In the case of the Silesia loan, be-
t@een England and Prussia, in the reign
of Georgc III. one article OF the Prus-
sian government states
That the British ministers have.
said, that these questions, (between tn"
beliieerent British and neutral Prus-
sians) were decided according TO the
laws of England"
The English Judges answer
"That the British minister must
have been misunderstood for the law
of England says, that all captures at
sea as prizes in time of war, Must be
Judged of in the court of admiralty,
according to the law of Nations, and
particular treaties, when there are a.
n.y." /" There never, CONTINUE they)
existed case, where court julging
accordiug to the laws of England
only, ever took cognizance Of "a
prize"
10 the same case they add, what Is
at this time worthy ofparsicular notice,
shat
!" In England the crown never in
terteres with the course of iustice,"-
and that &C No order or intimation is
ever given to any Judge"
All this is agreeable toa fundamen.
tai maxim of the British constitution
that the judges are completely indc-
pendent of the crown, and bound to
Judge according to the law, without
any reference TO the will of the king,
however it may be expressed. Thus
stood this great consti utional princi-
pie, without which England can nei-
ther be just to herself nor to others
and thus was it most solemnly declared
to the world in the re ign of George If.
Let US see what changes the reign of
George the III. has wrought upon that
boosted bulwark of freedom and ius-
,ice, the British constitution--and now
these changes affect the commercial
world.
former sovereigns Of England
wet8atisfied with exercising their con-
sututional pre- ogstive and Issuing their
orders in couucll from time to time for
tie goyernance of their navy; but if
vessels were captured ;npursuance Of
these orders, contrary to the law of
nations or ex 'sting treaties it became
the duty of their Judges in admiralty
to acquit, their soverejgn's orders in
council Notwithstanding. The bench
was check to the power Of the throne
acd on it sat the inhexib,e guardians
Ct the justice of the nation, and the
honor ct the sovereign.
Il has been reserved For the present
king of England to break down the
barriers of justice in his courts of adj
miralty, and to reduce their Judges in
effect to the discipline ofmartial law.
His orders in council, however arbi-
trary, unjust and contrary to the law
OF nations, are now as peremp,crily o.
beysd By his judges as his ad.airals--
and their pieces as naturally depend
upon their obedience.
Were th;s violstion Of the first
principles OF the British constitution
and of Universal jus ice, made o..
Perate upon the rights Of Eng'isbocn
as It doe, on chose Of Other na.icne.
serious opposition would arise, that no
power Of the king, or arts Of his min.
fsters could silence OF, resist. Tie
history OF Eagiand shews in what
lsr-l. 81. 4