Alexandria daily gazette, commercial & political. [volume] (Alexandria [Va.]) 1808-1812, 1811-12-04


the other-but had this happened in the ca
SIS before us, yet it would not have formed
a usy ground of capture and conGscation, for
tue uicrts or dement's the Berlin and Milan
DEGREES ont OF question, those DEGREES have
not bo.n adopted by Danmark-indeed at the
time the vessels were taken, his majesty had
not assumed any course with respect to the
American commerce, from which evil was to
be apprehended, hence / beg leave to repeat
that the vessels in question cannot be presum-
ed TO have sought protection under British
convoy for the purpose of avoiding his cruz
sers. But If the contrary had been proved, If
it stood confessed that they had sought con-
yoy against Danish cruisers-in that case they
would have been liable to capture certainly,
but it is equally certain, that they would not
have been liable to condemnation. l must "a
gain totally deny that the rule laid down In the
article Of the loyal instructions above cited, is
supported by any principle to be found IN the
law, and can confidently ask your excellency
to show me any authorities in its favor. Ii
the writer's be silent on the subject, then their
silence is to be construed favoraby for the
neutral, it s,lpposes that his right to sail under
CONVOY in all cases is indisputable what is
not expressed against this claim cannot be
inplied--but will add that all the analogies
to be drawn from the law. are III favor OF the
neutral: in this view, the rule laid down In
the instructions, by its sweeping latitude
forms its own condemnation Tor 1t would
comprise not only vessels which might acct
dentally be within sight Of, or at any indefinite
distance from an enemy's convoy, but vessels
found in encmy's harbors under cover OF his
guns but the law says, that neutral goods so
found under his forts, within his territory, or
even on board his vessels at sea-which is to
be as Immediately and totally under his pro-
lection as is possibe-that these are not liable
to confscatioD, but shall be restored to the
neutral owners. The doctrine laid down by
Grotius in the " de Jure belli &C pacls' on
this point, has never been refuted, but has on
the contrary been adopted by subsequent
writer's treaties indeed may have said other
wise, but treaties change not the law, they
bind only the parti : :" them. may equally
ask your excellence 10 shew me examples In
the practice of nations, countenancing the
rule laid down in the royal order; and can
quote in favor Of the neutral right the exam
ple of England, power which neither your
excellency or myself are disposed to exto for
her moderation in the exercise of her bellige-
rent rights, or for any dispositions which she
has manifested favorable to those OF neutras.
England herself has never gone to the extent
of condemning vessels upon the mere ground
of their having been taken under enemy's
convoy; but she has captured them In that
situation and acquitted them.
/ might occupy your Excellency,s attention
by expatiating OH the conduct OF Denmark IN
former times, by carrying back your view to
a consideration of that great system Ut neutral
rights which she so boldly adopted and so a.
bly supported in the year 1880, which are "a
gain recognized in her convention with SWe-
den in 1894, which she has subsequently CO.
onerated with Russia to establish, and the
leading feature of which still appears III the
very ROYAL instructions on which have been
commenting but it would be an ungratetul
task, and not necessary to be undertaken, be-
cause the mere mention OF the subject car
ries conviction to the mind on the point to
which would apply it, and because on every
other have already said more than enough
to establish the chief position with which
began, viz that nothing to be found IN the
law will authorize the condemnation OF neu-
trail property upon the mere fact OF Its beng
found under enemy's convoy, and that there
fore OH due proof OF its neutrality, it must be
acquitted.
consider it to be propitious circumstance,
that in acting upon this very important ques-
ton, his najesty's government IS unemoaf
raised by the claims of prlvatcersmen, and
tina, the cases of these vessels are thus pre-
sen,cd in the plainest form, unmixed with a
nv extraneous matter: the captures having
been made BY public ships, leaving the fullest
scope to the magnanimity and justice OF his
maiesty's disposition.
/ have the honor, &c.
GEORGE w. ERVING.
1Documents TO be continued