Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1811-08-22
"a dollars per annum.J

! We are told by Sir YIN. Scott in the case
OF the Fox and others" pending in the
Court OF Admiralty in England on the So.h Of
May last" Tha, by the constitution OF this
country the king in council hossesses LesisL.-
tiUe r'g6fs over This corr, and has power to
ISSUE orders and instructions which H is bound
TO obey and enforce"
| ms IS The first time believe that ever
| such an assertion was hazarrled by juige
Oh law In England Il never can be true Ill
hcr Constitution is radically changed from
what it was at the mid le Of the last cent,,-
~. From the time that England became q
meTber # the society OF civilized nations.
thl she acquired an ascendancy am ng the
narittae n.esrs Of Europe, she acknowledg.
&c ssie law q nations as an indispensable part
III her own Cora her King IL council had
no Legislature rights over ncr eourts of a4lr,,;-
ralsr--ao more constitutional power 10 issus
orders aud Instructions which il was bound
20 ooey and enforce, than he had to do the
like in the court Of tue kings bench.
The celebrated case OF the s;slesia loan
which excited so much interest in Europe a
the reign Of George H. shows that Engtand
then thought it essential to her reputation to
consult her alb est irists, ed more able
Jurists she never had) to take their deliberate
opinions-and in the result, to declare to all
the world
That by the Maritime law of nations u
Universally and immemorially received, there
is an established method of determination.
whether the capture OF enemies goods on
board OF the ship Of friend be, or be not
lawful prize; and that the condemnation
thereupon, as prize, must be in court of adj
miraity, judging by the law of nations and by
treaties"
IT the sentence of the court of admiralty
be, thought erroneous, there is in every coun-
try superior court of review" tlat this
superior court judges by the same rule which
governs the court of admiralty, viz the law
OF nations and the treaties subsisting with that
neutral whose subject is party before Them"
That In this method all captures have been
immemorially judged of in every Country of
Europe. and that "any other method os
trial would be manitestly unjust, absurd and
impracticable."
That every foreign prince in amity has
right to demand that justice shall be done
to his subjects in these courts, according to
the law OF nations and particular treaties,
where any are subsisting." That ''G these
courts proceed upon foundations directly op-
posite to the law of nations or subsisting trea-
| ties, the neutral nation has a right to complain
OF such determination That there never
was nor never will be any other equitable
method of triaP'--that ''all ships Of war are
bound to act, and courts of admiralty TO Judge
according to the law Of nations and treaties''
| that :. in England, the crown never III
| terteres with the courts ofjustice"-that "no
order or intimation is ever giyen to am judge''
and that "the judges are left free, and
to give sentence according TO their consci-
| ence."
Much more illustration of this fundamen-
tai doctrine of the law of nature and nations,
recognised in its fullest extent by the British
constitution, might be extrac ed from this e.
| laborate and solemn declaration TO the king
OF Prussia. This declaration stands recorded
| before the civilized world the indellble and
unequivocal evidence of what zvaa the sense
of justice and the Interpretation of law in
| England in the brightest days Of her 81 r.
and the eternal reproach of her king in luR-
Gil, her su6orned and degraded judges in adj
miralty, and her acquiescing parchment,
| who are driving her to perdition in the down
hill race of her modern depravity.
1t may add something to the value ofthose
principles in the minds of our British law
mongers, to be informed that they were re-
| cognized by Mr.. Murray, solicitor general
| afterwards the celebrated Lord Chief JUS
tice of England. And that while balancing
between the right and wrong, if inclined TO
the better side, they may fRd their much
praised and much neglected Blackstone /
more than sufficient authority to weigh down
all the puny sophistry of Stephens WAR
in Disguise" and Sir William SCOTS now o.
pen hostility against that public virtue, COM
mon sense and common interest which corsti-
tute the law ofnations. LBosfOn Patriot.
| tvol. g. pa. SO.