The enquirer. [volume] (Richmond, Va.) 1804-1815, 1811-09-17
.aPuae9ftc.
SRoM rnE DEmocaA.1o PRESS

sRoM THE pEMoceA .Ic PRes.
AN TRANSLATION
OF THE CONDUCT OF G. BRITAIN,
Respecting NeRty ais, since the breach of the ~ c
of An,:ens, in o03, and before the French Ber
lin Decree, in 1906.
No III.
1t is impossible for the most Inundated
subject OF any 6 vernnent, to demean him
self IN conformity WI n any law that is not
certain and fn1T,n ; settled aud hromu ga
ted. There Is nothing therefore, which Is
more injurious or degrading 20 neut.als, or
more calculated 10 produce violence and
passion IN The adversary beliiser ent, than
the huctuating and Inconsistent conduct of
the British admiralty riouaas These
faults were not confined to their Colonial
courts OF vice-admralty. They were
qually palpabe in the high Court OF admi-
rally in the metropolitan state, and even III
that OF the lords OF appeals in priz Causes.
On this subject. the FLOWING portion of
tue evidence appears wcr ny of the serI
! GUS consideration of every private and pub
lie man in the u. States:
LIE ldsncs of the contradictions of tie
British Courts of Admiralty, as 10 Iegi mate
and constitnt oDsi duties towards neutr ,lsi irde
psndeat of ;he crown:
In answer to the objection made in the
Prussian remoHstrance aga nst the condcm-
Da5lph of P.ussian vessels. curing tue " ar Of
1899, Chat the adniraity Courts were ec
farfe tribunals. aud the decisions nor bind
ing on other nations,) n duke o NV
castle, then Secretary OF Sac, in ais .et-
ter enclosing the report OF tom law OF
fleets, ooser-es, " that the courts. both IN :
tertor and courts of appeal, always decide
according to the universal law of nations
only (; except in those cases where parricu-
lar treaties between tire powers concerned"
(not one sided orders in councii) shave
altered the dispositions Of the law of nati
ons" Iu the report itself, it ia declared.
O. that this superior Court fof the lords of
appeals) Judges by the same rule, which
governs the courts of admi. atty, VIZ the
law of nations, aud the treaties subsis,ing
with that neutral power whose subject is
a party before them y. that IN England
the crown never intereres with, me course
Of justice. No order or intimatioD is ever
given 10 any judge - that " mad it been
intended by agreement to Introduce be
tween Prussia and England. variation in
any particular, from the law Of nations.
and Consequently new rule for tue court
OF admiralty to decide by, II could only be
done by solemn treaty in writing, proper
ly authorised add authenticated. rne me
mory of it could not otherwise be preserv-
ed the parties Interested and the courts
of admiralty, could not otherwise AXE no
tice OF it," Furtner lin ttfc Judg oent pro-
nouaced by Sir William Scott, in the case
of the Swedish conway q Rob. 1851 the in
dependent and-eievated Attributes OF his ju
dicial station, are painted with his usual e.
loquence. "In forming that Judgment"
says he, trust tn 1t il ma not escaped my
anxious recollection, for one moment. what
it IS that the duty OF my station calls ter
from me, namely-to consider myself as
stationed ferc, not to deliver. occasional and
shifting apinI MS 20 serve present purposes
OF particular national interest, but TO adj
minister. with indifference, that justice
which the law of nations holds out, wIthou,
disfinc ION, to independent sta es. some nap
pening u be neutral aud some TO be liz
gerent. rhc seat of judicial authority IS
indeed iocaily here, IN the belligerent coun-
try according TO the known law AID prac
tice of nations pa the law itself has no
locality. 1t is the duty of the person, who
sits here, to determine this question exactly
as h would determine the same question, If
sitting At 5. ockaolni to assert no pretensi-
on ON the part of Great Britain, which he
would not allow TO Sweden in the same Cir
cuuistances aud impose no duties on Swc-
den. as neutral country, WHICH &c would
not ADM, to 5.long 10 @. b. in t0e sane
character j, sherefors 1 mistake the law
81 t;is matter, | mistake that which con
sdey. aud when mean should be consi-
dered. as tae HHsvers1LiazV upon the Dues
! iiof.."
Afer laying down this doctrine by the
prime uinise r, Uhe Duke Of New Castle
the virtual appoinLeg Of the lords OF appeals
who are Committee ., The privy council
| md after it was laid down bg ne Judge Ol
ne rrerogatiye, court and The crown law
sCrs in the case Of the oilesa loan also
| the doctrine was thus laid down by
William , g;g. We mi. in tic ctses o.