Alexandria gazette, commercial and political. [volume] (Alexandria [Va.]) 1812-1817, 1813-08-09

these 1hrcc instances DC ialtIy inferred as
the judicial opinion of that great man,
that Notwithstanding there is no express
provision in license or blockadine or.
der to that effect, yet wherever it appear,
to have been the intention of his majesty,
or of those who exercise his AUTHORITY.
that the permission given by lirense
should rot be suspended by an order If
blockade, that it is not affected by the
blockades.
But before ] consider the application
of these principles to the present case,
it must be observed there is inliniue u
very material distinction between them.
All these cases whereof licenses granted
to British subjects or neutraIs, and the
blockades were of port. belonging to
third nations eur enemies. This is tho
case of licensegranted to the enemy, &
the blockade is of bis own ports-,hess
arc such material circumstances, the o.
ther cases cannot in any manner be con.
sidered as directly applicable to the pre-.
sent.
For the truth, is, that blockade is not
measure which legally affects the ene-
my at all il operates in point o. law, on.
Iy upon neutrals upon them ii has
real legal effect; it gives ne" rights to
the blockaters; without it neutrals might
trade in safety 10 the port. 1t is the
blockading alone, which creates the right
Of capturing their vessels. But the ves-
sells and the other property Of the emo.
my, would be equally liable to be cap
,turcd and condemned, although sin.
gle blockade should never be establish.
ed. Ills indeed, disposal ofnaval forces
which renders the capture of his proper.
ty more easy to the blockading ships, &
which distresses him by excluding neu.
trals-but this is all. As to the enemy's
property, the blockaders acquire no new
right by it. Before blockade is csta-
blished, they can seize and coRfscatcjthe
senemy's property wherever they find 1t,
and during blockade they can DO no
more: Ii affects the enemy de Jaefo and
not de jure. That blockade Affects
merely neutrals, is evident from the fsrn
of notification. This is conceived al.
ways nearly in the same words. 1t Is
signifed to the ministers Of neutral pow
ers, and it informs them "tbat measures
will be adopted, which are authorised by
the law of nations, & the respective trea-
ties between his majesty and the differ
ent neutral powers" the instructions.
to the blockading vessels, by which the
blockade is established are to stop all neu.
trail vessels destined to or coming "out
OF the respective ports" No notification
is made to the enemy, no instructions are
given relative to The capture of his pro.
psrty, because it requires no special dl-
rcctions. Since then, no orders are Civ
en- to tie blockaders respecting his pro-
perry, it is left precisely as it was before
the blockade; that is, liable to be csptu.
red generally, unless where it is particu.
1arly protected by orders from the Bri-
fish government, or other peculiar cir
cum stances. Since the orders to the
blockading ships specify, and relate on
ly TO neutral vessels, they cannot au-
thorise the capture of enemy's vessels,
though protected BY license, which are
not neutral vessels, although 10 ascertain
their general rights and duties, they have
sometimes been considered in that light,
in the way of analogy, and of partial
simi!itude, which does not hold good in
every respect, bot which might be esti-
mated from the nature and object OF The
special pra.e ction so granted, and Of the
document by which it is conferred -
Since blockade creates no right Of cap.
turing enemy's property, which did not
before exist; if this general right of cap
turing his property, has been suspended
by license, GO not sec how it can be
revived or renewed by a blockade, or
how the cruisers can acquire from the
blockade right to capture the enemy's
property in case where that right had
been superseded BY the act Of his own
government.
Neither does the object Of the present
blockade at all interfere with that of tie
license, but on the contrary. they are In
dependent Of each other, and both con-
si.tent. That of the blockade is to dis
tress the trade of tho enemy, but the de.
sign of the license is not to assist the
trade cfthe enemy, or for the accommo'
dation Of any of the merchants OF that
country, but to relieve our own wants
to promote an important and interesting
service. II it was an object with the
British governmental victsal ourtroops
in Spain, that object is not affected by
the blockade. 1t is equally necessary
that the soldier should be fed whether
New York is blockaded or not
Adopting from British and neutral
eases the principal that the effect OF
licenses is to be dcduced from the
intentions ofthe British government
as far As il can be asccrtained from
circumstances, let us endeavor to
discover what must lave been its In
tont;nn with resDect to these lIcer-