The enquirer. [volume] (Richmond, Va.) 1804-1815, 1812-09-04

u
has captured the British ship Royal Bounty
O.. zoo tons, after an engagement OF 40 mi
nutes, III WISH the British captain, boil
mates, and two or three seamen, were
wounded, and 4 boy killed. Two of the
scanned OH boaLd the Yankee were woun-
ded.
| Philadelphia LQ-arctso, .Eugxst 27. &
! Last evening was visited and permitted &c
pass on, Ship superior. Benners, of Phila
dciphia, from Liverpool with u cargo of Dry
Goods and Hardware, value 250,0OOl. ster-
ling. Sailed 9th nit. and left four English
ships destined Tor this port with dry goods.
The superior has had all her papers ia
ken from her, and has on board two navy
oihcers belonging to our gun boat squadron
i'll the Delaware.
OPINION.
] SiR-It is stated to me that the ship SUI
perior, an american vessel, with a cargo OF
British manufactures, owned in part Gas it
is belieyeO by British subjects, upon her
voyage from England 70 the port of Phila-
deiphia, has been captured in the bay of
delaware, by ono of the Gun Boats under
your command and ordered.to Philadelphia
for adjudication that the collector of De
laware has seized and stopped the ship at
Wilmington. for an alledged breach OF the
non-importation law !; and that he refuses
TO permit her To pursue her course to Phila-
delphia. Under these circumstances, it
would have been peculiarly agreeable to
me, II the sense of government had been
known, rs guide forts subordinate officers
built is not my habit to decline the re
sponsibility of expressing an opinion, when
the occasion reGmresit.
In answer, therefore, to the questions
winch your statement suggests, proceed to
say
1st. That the declaration of war against
Great Britain, has rendered unlawful ali
intercourse OF commerce and service, be-
tween the citizens of the u. S. and the enc
my, and not only the property of the enemy
but the property OF American citizens, en-
gagged III trading to, or from, the country of
the enemy, is liable by the law of nations.
and the laws of war, and maritime law. to
capture and condemnation, as prize of war.
-Ihe ship superior, with her cargo. was
captured In course of trade, from, Eng
land, after the declaration of war but she
saiied from England under circumstances
so extraordinary as to excite a doubt in
many minds, whether the case, $50 far as
1t involves American property does not con-
stitute All exception from the general OPERA
ton OF the law. This doubt, however. can
only be decided by regular course of adju-
dication; or, perhaps, by an interpositon Of
the Legislative power.
The ship Superior, with her cargo might,
then, be lawfully captured, as a prize of
war, on the high seas; or in the naveable
waters of the United States by public
armed vessel; and ordered to proceed to
any convenient district for adjudication. In
the cnoice of district under the circum-
stances OF this case, the officer has selected
the most convenient, and the most proper
Tor the port OF Philadelphia is not only the
port otthc ships original destination, but al
so the naval station of<the commander nnder
whom the officer acts.
1t was the right, and the duty, of the Col
Letter OF Delaware, to place an officer of
the Custom House on board of the cantrreti
ship, for the protection of the Revenue but
lie has no authority to prevent her from
proceeding to the port to which the captor
mas ordered her; remembering ALWAYS
that 1t is not case of seizure under the Re
venue or non importation laws. the legali-
ty OF which must be tried in the district
where the seizure is made but it is the
case OF seizure as prize. of war, which
may be tried before any compel ent tribunal.
In any port of the u. s. to which Drize is
sent.
2. That the Non-Importation Act is still
In force, and consequently it is unlawful tn
import into the u S. any kind of goodsfrom
Great Britain or Ireland, or from the colo
MES or dependencies of c.. B., and also to
import goods OF British growth, produce or
manufacture, from any foreign country.--
The ship Superior has imported her cargo
INTO the u. .. in violation of the Non-Im
portation laws, and both snip and CARGO are
liable to seizure and con.iscation. The 9Th
section OF the act OF the 1st OF March. 1909
which IS one OF the sections revived < con
unued, by the Acts OF the LIST of May, 1910.
ana the "a OF March, 1911 declares, that
al, the Officers OF the Customs shall have
the same power and authority, that they
nave III revenue cases, to seize goods i'm =
ported contrary to the law I; to keen them
in custody for trial and to enter vessels.
dwelling houses, and stores, in search Of
goods unlawiully imported. But there is
nothing in this affirmative provision Of the
act. which can be construed TO destroy the
right and duty of every citizen, and Darti
cniafiy OF every public officer, to seize and
place IN the custody Of the law, propertv
found IN the direct and positive violation Of
legislative prohibition. Indeed, the 18Th
section of the act of the LIST Of March. 1909
adopts the rule for Distributing penalties &
torieitures. prescribed by the collection
law, which provides for the case Of n nri
vate infoFmer, and whatever an inforn,er
might lawfully do in revenue case, toea
title himself to share in a forfeiture, he may
lawfully do III non-importation case. The
right OF private informer 10 seize goods.
IN the act OF being smuggled, never was
doubted.
The officer Of the Gun boat had, then. .
right to seize the Superior with her cargo.
while she was in the act of violating the
r,Nr f.r,s, $50 . -