The enquirer. [volume] (Richmond, Va.) 1804-1815, 1812-12-10
EWQUIRER-OFFICE, Dec, il
MERCHANTS BONDS.

ma SuOJCCl ~ 1T tliS NhOnSllt discussed by
all descriptions of people /; by the Merchant,
from interest; by the Farmer. from the
share which he has in our general concerns /;
by the Politician, from the discussions which
1t has excited in our public councils
we enter upon it without decentralization
or aPology-we are aware that our senti-
ments will not be pleasing to some of cur
peaders; but TIC must ride our o7vs. asa TO
market in our oSvn svaV.
frsf, as to the question of right
1t IS clear that the u. S. have a right to
all the bonds, or to not one cent of them.
IL they have this right, it must be be-
cause the merchants have UiokateG the laws
of the land.
They must derive it from the mere fact
OF violation, throwing out of view all those
circumstances which give colour and a
character to that fact.
The fdct itself surely establishes st,.ictln
teSal title-but on the peculiar circumstan-
ces OF this case, the Merchant sets up an
e2nifaofe title as set-otf against this strict
ly legal title. -
Equity smoothes down the rigor of gene
raj iaws-by producing circumstances,
though 1t comes within the strict letter of
the law.
The merchants might be unable, even i'm
court or Chancery, to make out strictly
equitable title in bar of the legal rights OF
the United States-but they can state Cir
cumstances which would operate as .equi-
table considerations cf no conte nptible
weight.
Did they mean to violate the law. of The
| land Noj none of that malice prspense
is to be charged to them, which constitutes
the Pitn ana marrow OF Il criminal prose
cution.
q Npre thecp 0Ie
try, with view or Guiding the law MAY,
did the merchants even know of their com
ingf
Bat they arc bouRd by the acts of their
agenfs-And their correspondents in Eng
land sent them"
Admit this general maxim-where is the
criminal intention even in these agents =.
They were guilty eta !.iistake in suppo-
s1ng thai as soon as the alleged repeal Of
the British Orders was known in the Il .
States, the President would issue his pro-
cIamation of the fact, and the Non-I mnor-
ta''on law would cease.--They did not wait
Tor, that proclamation which they expected
This is the whole head and front Of tkeiy
offending.
In e,s. enua.ion of this mistake, they plead
that IT 1t be mistake, it was a general one
IN England that one of The principal rea-
sons why 1t qoas q mistake, is a fact of which
they were necessarily ignorant at the time
VIZ. the declaration of war~-and they add
that the American Representative in Eng
land, Mr.. Russell, was Of the sam: opinion
and even advised their shipments.
We must remark too, that the mischief
il now done; the bolt is shot the pressur,
on the enemy, which was Contemplated b,
this law, was in fact removed; the good.
are taken off from the hands of the enemy
and the penalty, if it fall at all, will fall, MOI
on the enemy, but on our own merchants
and cannot even now fall 10 operate. 20 :
preventative to the Commission OF similar
offences, ..,
Do not these circumstances form very
strong equitable considerations in bar 70 IN r
| strictly legal claims of the United States >
In the eye Of en- cguit1Lic and marnani.
nous government, they wod,d perhaps
! prove Irresistible
Ifthey are not sH.cica, - bar the right
OF the United Ste.ss, rhis right ought TO be
! complete, The GaiSSl otAtvs ought TO take
all, or none.
80 much for tue question Of Tieft-bu;
VIC arc told, that there is another ground
that they may take part Of the bonds in
virtue OF favor Ne served them, say, MIR
Galiain, and Mey eight - serve na.---
With respect &c the one half BELONGING
to the United St1tcs. Justice TO the co.nn,u.
NIFTY requires that, when RENTED, al least
IN equivalent may be secured to the pn;,l;e
Tor the extra profit, beyond that on COM
! mon importations, which arises from the
continuance of the nOn-importation act"
We agree with Mr.. G.. that there must be
an eEtrdorGirGrg prot,t fof he tells us tn =,
. only IL nsllilJIgs Rave lyea Imported. and we