The enquirer. [volume] (Richmond, Va.) 1804-1815, 1811-12-10
{ Vol. S--&------No. 65.

seiS nave from time to time been t,.rf.f ed u, III
INC convoy now Of one party, now of the othe;.
i-but hau Tins happened i'll the cases be-
fore US, yet it would rat have termed q ;,,N
ground Cfcaptul~ and coniiscat;on. fr ,hc
merits OF deneiits Of the Berlin and Milan
uecrees out. OF question, those dccrees hays,
not been adopted by Denmark--in,leet; at
.he tlme the vessels We're taken his Ma
JeSty had not assumed any course with res-
fect to the American commerce from which
eNn was to be unprecedented, hence beg
ieaVe to repeat that the vessels IN question
cannot be presumed TO have sought prctec
ton under British convoy for the burmese.
al avoiding his cruizers. But if the contrary
mao oeen proved, il il stood contested, that
'hey mad sought convoy against Danish
lcrui<er-in that case, they would hav..
oe.n liable to cal tule certainly, but it III
equatiy certain that they would not have
.. . haOie TO cehceninalion, must again
.o...iy deny mat the rnic laid down in tists
afticie OF the royal Instructions above cixeti
Is supported by any principle to be found
III the law, and / can confidently ask vo,,-.
IeHceiiency TO shew me any authorities in is
favor. - ~
II the writers be silent on the subject.
,nen their silence is to be construed favora.
o'y Tor the neutral, 1t supposes that MS right
10 san under convoy in all cases is inCisputt-
Die; what is not expressed against This claim
cannot be implied-but l will add thai. all
.he anaiogles to be drawn from the law, arr.
IN favorot the neutral in this view the ruiz
iaid down IN the Instructions, by its swcepinr-
iattude forms It's own condemnation: for IL
would Comprise not only vessels which m efrt.
accidentally be within sight of, CT ut any in
deTnite distance from an enemy's CONVOY.
but vessels found in enemy's halhors un,tr
cover of his guns; but the law saws that
neutral goods SO found under his forts, with.
IN ms territory, or even on board ms ves-
seis at Sea--which is to be as immediately S1
.WdnV under his protection is D. ssibie--
mat these are not liable to Confscation but
shall be restored to the neutral owners
he doctrine laid downb v Grotius in the.
de Jure beif &C pacis" ON this point, has
never been refuted, but has on The contrary
Deen adopted by Subsequent writer's trca-
tlcs indeed may have said othe,.ie Sc, hub
treaties Change not the law, they bin, unM
the parties to them.-I may equally ask
your eNcefiency to shew me example in the
Practlce OF nations, Countenancing the ruiz.
laia down in the royal order and can
quote IN favor of the neutral right the exam
PIE OF Eng and, power which neither YOUR
eXcetichcy or myself are disposed t. txrol
Tor her moderation IN the exercise # hcrbe
hgerent rights, or FOR anv dispositions which
she mas manifested favorable to thcse uf :
hcutrais. England herself has never gone to
TIE extent of condemning vessels upoli tile.
mere Sr und of their having been taken ,lns
der enemy,s convoy but she has captured
Them IN that situation and acquitted them.
lm>gnt occupy your eXCellency's attention.
by eSpatlating on the conduct of Denmark
IN former times, by carrying back yopryiew
TO d consideration OF that great system of
neutral rights which she so boldly ;dopted
ana so ABLY supported inthe year 172O, which
are again recognized in her convention with
sweden III 1894, which she has subseouentlS
Co-oPerateu with Russia to establish, and the
ieadiES feature of which still appears in the
very royal instructions on which have be.il
commenting but it would be an unrratef,1
ask, and not necessary to be underta ken. lJ,A
cthse the mere mention Of the subject card
rles convection to the mind on the point Il,
when | would apply it, and because OH eve4
~ othcr have already said more than "a
nough to establish the chief position with
which began, viz that NJ ding to be found
III the law will authorize the cndcnnatiop Of
neutral property upon the mere fact Of III;
Dcing found under eneIDy's convoy, * thar
therefore ON due proof Of it's neutrality, r.
must be acquitted
c nsi,leri to be a propitious circumstance.
that IN acting upon this very important quesa
tlon, ms majesty's government is ,membar-
rassed by the claims ofprivaecrsmen, * that
the Cases OF these vessels are thus presented
III the plainest form, uhiDixcd with ANY cx-
traneous matter, the captures having been
MADE by public ships, leaving the fullesr
scope to the nagnanimity AID justice Of his
majesty's disposition
| have tie honoi, &c
GEORGE w. ERvINC.
C.N6.1)
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