The enquirer. [volume] (Richmond, Va.) 1804-1815, 1811-12-10

Il
ii,,l before The high court, as is mcntionc,
IN a memorandum opposite to their HANGS
, lie hrst eight vessels OF the remaining tel
were bound Immediately from Petersbhr,
and Cronstatlt to the United States; the,
had all paid their sound dues, and severe,
OF them had been examined before the Da
;Ash MARINE tribunals On entering the baltic
anu they were all arrested i'll going cut b,
british force and compelled to join convoy;
when that convoy was attacked by his ma.
IJesty's gun-brigs, the Americans rot consci-
Gus OF any illegality in the nature of thief,
voyages OF any irregularity in their owr
conduct, made not any efforts to escape
they were captured and brought into port
no question las been made as to the genuine
American character of the vessels in qucs.
ton, but they have been condemned under
the authority of the article - d' in the 18th
clause of his Majesty's instructions for pri-
vateers, issued on the 10th of March, 1910,
winch declares to be good prize "all YES
sells which have made use OF the British con-
voy either in the Atlantic or the Baltic."-
At the time OF this declaration, these vessels
were In Russia on the point OF sailing, and
wholly Ignorant oft.
Ibis is a brief history of the " convoy ca
ses"-it is now my duty to protest against
the principle assumed in the instruction re-
ferred to, upon which they have been con-
demned; shall endeavor to shew to your
EHccllency that it is wholly new, not found
ed in, or supported by any reasoning to be
derived from the law of nations--not even
countenanced by precedents, and as wholly
repugnant to the doctrines heretofore held
by Denmark itself as it is to the rights and
to the interests of the u. S.
That the belligerent has right to ascer-
tain the neutrality of vessels which he may
meet with at sea, and therefore under GER
tam suspicious circumstances to bring such
vessels INTO port for examination, l am not
disposed to deny it may also be allowed that
the being found under enemy S convoy does
afford such reasonable ground Qf suspicion
against the vessels so found, as to authorize
their being sent into port for examination
but this is the full extent of the belligerent
right on this point; the examination had, &
the vessels being found bona fde neutral,
must be acquitted TO say that the neu-
trail shall be condemned on the mere /acs
that he was found under enemy's CONVOY, is
TO impose upon HIM a necessity OF sailing
without protection even against his own sepa-
rate enemies Tor the case might well hap
pen, indeed has happened, that though neu
1ral with regard 10 the belligerent powers
ne has had an enemy against whom either
OF the beiliyerentS was disposed to protect
hlm-ot such protection the American COM
between the United States and the Darbary
powers, nor was il ever supposed by either
OF the great beliigerent powers, that such
commerce projected by its enemy had
thus become nable to capture and conhscati-
on ; the case might also occur, that Of two
allied belngereiit powers, third power
should be enemy as to one and neutral as to
The other in that case, hrs seeking
protection OF the common enemy Of these
aimed powers against that of them to which,
he was enemy, could not subject him to cap
ture and conhscation by the allied power
With respect to which he was Neutral his
right in eithcr'of these, and i'll all cases TO
protect himself against his enemy by avail
nag iiimself ct whatever convoy oilers, is
unquestionabie. state these arguments "a
galnst the broad ground taken III the royal
instructions above quoted but 1T win bs
said that the belligercnt having also an uii-
questionable right to ascertain The neutrali-
W OF vessels, and bcliigerent rights being
paramount to neutral rights where the two
happen to'be in collision, hence The attempt
ot the neutral to deprive the belligercnt If his
right by putting himself under convoy, forms
on itself a ground OF capture and coniisC alton.
To this answer
Firstly, that the belligerent rights where
they come into collision with those of neu-
trais arc not TO be deemed in all cases para
mount, and that nothing can establish such al
geral rule, bnt force which is not law or JUS
ticc.
ntcondiy, that no presumption necessarily
arises against the neutral from the mere Cir
cumstance of his being found under enemic
convoy but that this point viii de-
dcnd upon the peculiar circumstances OF
each case.
1hirdiy, that where the belligerent and
neutral rights conflict, all other circumstan-
ces being equal, the plea of necessity ought to
decide the question i'll favor of the neutral;
IN the case supposed, the bellgercnt is seek
zig lie mere exercise OF right, but the neu-
t'di is occupied iii his self preservation.
FoisrtHy, supcraddcd to this reason in ia
vor Of the neutral right, is one springing out
or the immutabic principles of equity for
since according 10 modern practice, tncneu-
trial has no representative in the iudicaturc
by which his cause is tried, that it is no lon
ger an umpiragc or a court Of arbitration, so
his claim to favorable leaning towards his
right in all questionable cases is very much
strengthened.
But it is also proper to enquire whether
the vessels lii question did III fact put them
selves under convoy, with a view TO avoid
examination by Danish cruizers Now it APP
pears in the first place that they did not
seek convoy for any purpose, but that they
were forced into it. A part however from
that question:, there were not any DANISH
laws or ordinances which they knew Of SUP
fhp IN, ,,o.. .i4... 49,.