The enquirer. [volume] (Richmond, Va.) 1804-1815, 1813-09-07

atists and jurisss-and particularly by Sir
William Scott, is now about to appear.
Grotius. whom MIR. Ward in his singular
work on the law of nations calls The star
OF Delft" furnishes bu; single PASSAGE,
directly applicable To this subject. His
words arc /; "But If the things, which have
been already sent to my enemy, have been
tire Cause thar could net accomplish VIA,
undertoOh in he prosecution os my right,
and he who carried these things could kaow
II, as IT besieged q place, il held a port
lbiociladcd, and TIE enemy was on the point
OF SurrenGering or making peace this third
person (the neu;ra,) will be bound to in-
demnify r,e, &c" Nothing can be msre
clear, than thar the opinion of Gro Jus IS
Predicated on the idea, that the object OF
the blockade is 20 take the plsce blockaded
| lSee Book 9. c. /. Sn. 5.
Compare this with the opinion Of Sir Will
liam Scott that great man, whose ,deas
III is riways iriurions tn quote, in any words
INT lis own," War in Disgrise p. ISL
so far, frNIn conce;vins, that an intention or
design, TO take the place blcckaded, is IN
essesial Circumstance in blockade: he
dispenses with the des'gn to atteck. Nay,
he goes still fartfer aai in the case Of the
Cute Erwas,cng" ROB. rep Vol. s, p.
ie2 the ground OF condemnation is, that the
neutral vessel, tho mt gong to Havre the
=
as wonid have cra IN the vessel pursuing
her within the range Of tas cnemy's bate
ries.
BynIersh9ek [Quest :jur pub. lib. i. C.
I'd. distinctly places the beiligerent right.
to exclude intercourse with cities besiegetl
or blocksded, or the same ground, on which
1t is placed by Grotius. "rhe 81 se," saws
he, IS the sole Cause, why il is not awful
TO carry any thing coutrabaud or not, 70 the
ceSiesed tor the besieged, may be compel
led 20 surrender, not by force only, but by
hunger, and the want of other things" tbe-
sides thmgs useful in war. III it were Ia W.
fui tor yon to carry to The IN what they wan
ted, might be compelled to raise fhe
siege" In another part Of the same chap
ter, ne says. " thal which prevails AS To ci-
ties besieged is, win just reason, applied
to camps IT beseged, andto ports which sur-
rounded BY shine are deemed to be besies
ed" This exposition Of the law requires
nc comment.
Nattei, so much commended By Marshal
IN his book on Insurance rs well as BY other
British writers, affords Div. S. c. z. S. 117)
To tie doctrine for which / C, intend, / will
not say, an able, hut certainly very direct
support. lti hertO, says he. we have spo-
= Ken ot the Commerce OF neutrals, with the
states OF the enemy in general. There is
particular case, in which the rights of
. war are carried farther. All com nerce,
WIKI hetieged CITY,, is absolutely forbid.
den. When hold place bcs!esed, or
" only bloc kaded, have right, to prevent
" any person. froh entering there, and to
- treat as an enemy, any person who pre-
tends 20 enter there, without my pernis-
. sion, or TO carry there any thing whate
- Esr ! fur he opposes himself to my enter
-" f'tze, he may contribute 70 make it fail.
y ard thus MAKE me tail into all the evils
. OK an unfortunate War u Eetrius eau.
" SEQ the mister and pilot of vessel, 10
F" De hung, because they were CARVING
" pToVA2'ons to A hens, 79hCnhe gOQs On me
+" tom o. iaEi"S Ma' cify by famine"
Gfotiuc Published his book in tire year
l624-ard Vlttel, about the wear I75o.-
an this iung interval, in VII ch commerce
was becom 'ng, every day, mor re important
1t never once occurred TO the expou,de,s #
national law, that place might bio, ka
ded, by proclamation, or by a force.
which 50 far from medta,ing capture, did
not even think of an a'ta k-by force.
which dared not even venturs within
the range of the enemies batteries"
Martens (B. c. s. S. l6.) speaks of a
blockade as one OF the legitimate means BY
which town may be taken
Azuni (Voi. g. c. 9. Art.2 81 coIcurs with
his predecessors in putting the right of a
oeliigerent to forbid all intercourse with a
place besiegcd or bIockaded, Oh the erouna
that 1T may retard the CAPTURE or render
it more difficult.
An impartial enquirer will not exact
from me any respect for the opinions,
OF SIr William Scott, in relation to this
subject. He is certainly an able man ::
bat the authority, under which he acts. in
the prize court, entities his decision, to no
more Difference, than would be paid, to the
opinion of Cabinet minister ROYAL ins,ruc
tons, with him, Constitute the law. Their l.
glslative force (says the author of War in
Disguise p. 25) in the prize court will" not
be dispnted-eXcept that if rovak order
9 could be supposed, to initiate plainly
against the rights Of neutral subjects. a.
" founded on the acknowledged law of natl
" ons, the Judge, IL may be conteEded. ought
" not to yield obedience" The sort of seen.
rity, which this very guarded Limitation of
the power of royal instruction, affords to
neutrals. it would be folly TO estimate.
Nor ought it to be expected, that any at.
tenton should be paid to Brown. his profes
SGD & devoted admiyer. His object is. to
! vindicate the whole system of poiIcy, as to
ueutrals, adopted by Great Britain. He is
emPhatically, a partizan writer, distinguish.
ed, If not. for his ability at least for his zeal.
me principle, says he, maintained by G..
Britain, are founded in reason, conformable
to Tie ta1o Of 1fations, and consonant to the
dictates of nature ! principles from