Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1812-09-10

FROM tHc IHHadeLfhlG Democratic Press.
MI. Binns-COnhdent that the matter
contained in the following opinion viii prove
very interesting to the merchants, | have
procured a copy, and now send 1t to you for
publication. / have also obtained, aud GDw
send you copy of an opinion given by Mr.
Dallas, relative to proceedings in Prize Ca
SEES, which fully details the duties of collectors,
prize masters, agents, marshais, &c, which
you will find of equal interest.
OPINION.
Sir-It is stated to me, that the ship Su-
pcrior, an American vessel, with a Cargo of
British manufactured goods, owned il part
Gas 1t is believcd) by British subjects. u ,Jn
he. voyage from England 10 the pore Of Phi
ladclphia, has been captured III the paw of
Delaware, by one ofthe Gun Boa Is under your
Command, and ordered TO Philadelphia for
adjudication that the Collector ga Delaware
has seized and stopped the ship at Winning
ton, for an alledged breach of the non i'm
portation law (; and that he refuses to per-
mt ner To pursue her Course 10 PHILADELPHIA
a. Underthese circumstances, it would nave
been peculiarly agreeable TO me, If the Sense
of the government nad been known, as a guide
for It's subordinate officers but it IS not IN,
habit to decline the responsibility Of expires
it.
In answer, therefore, to the questsoDs.
which your statement suggests. / proceed
to say
LIST. That the declaration Of war against
Great Britain, has rendered unlawful all in
tercourse or commerce, and service, between
the citizens of the United States and the en-
emy, or the Country of the enemy and not
only the property of the enemy, but the pro-
perry OF American citizens, engaged in ira
dag to or from the country of the enemy, rs
liable by the law OF nationS, the law of war;
and the maritime law, TO capture and con-
domination, as prize of war. The ship SUI
pelfor, with her cargo, was captured in d
course of trade from England, after the de-
claration of war but she sailed from En-
e and, under circumstances so extrdOrdina-
ry, as 10 excite doubt in many minds whe-
Their the case $50 far as 1t involves American
property does not constitute an exception
TO the general operation of the law This
doubt, however, can only be decided in a re
gular course of adjudication or, perhaps,
by interposition ofthe Legislative power.
The ship Superior, WITH her cargo, might
then be lawfully captured, as prize of war,
on the aIgft seas, or III the nayigabe waters
Of tine United States, by public armed YES
st ""i vi TUT Ch W PioCCCu W any CouNCnl
cnt DistIlct for adjudication. In the choice of
District, under the circumstances of this
case, the officer has selected the most con
veulent and the N st proper fer, the port Of
Philadelphia isnot only the port Of the ships
'riginal destination, but also the naval slat-
~ Of tho commander, under whom the olIi-
;er acts.
1t was the right and the duty Of the Col
cctor of Delaware, to place an officer ofthc
'ustom House on board Of the captured ship,
pr the protection Of the Revenue /; but he
las no authority to prevent her from pro-
,eding to the port To which the captor has
rlered her Remembering always, that IT
not a case of seizure, under the revenue
Jr non-ImPortatIon laws, the Legality Qi which