The enquirer. [volume] (Richmond, Va.) 1804-1815, 1813-08-27

his allied enemies new doctrine fabric,
ted TO promore his own views nut one. wei
known 20 al, Europe, sanctioned at tifFeren
times by ali the maritime powers, aud IS
9eclaiiY bY Great Britain, aud announced
10y Russia and Prussia in the year l7so J ?
great procipls which lucy -wcre resolved, tc
MAINTAIN by force. The allied nri,, ..
tnefeiore may, without any degradation
nec tine Emperor If France on th. yr.n,d
fot the intended basis Of the negotiation =,
Prague, because in truoh they win ;b,n
stand On the Very grcend oh which thei,
respective states voluntarily placed then
selves upwards OF so yeers ago.
IL Honaparte shall succeed ~ sstablish;,,y
the l7.h art. of the treaty OF Utrcch.. as .
part OF the law of nar,cna, which ord
Nieirisbury aIIiror-d IL TO be, be jry:il hnv..
made Sonae atcneuent for the niscljc,
Which his ambition has brought upon man
kuid. lie ain shen have de-erved. 50 far.
eui nsfarthc', thar idle whiol, has been ~
Their glat ;htousiy beasowed on the Emperor
Alexander, because he will have deliver
ed the world froIn maritime tyranny.
which iginating in base ard sordid motives
is mere dssp,yabie, div less fatal, thsu that
which springs tYnnn the ambition, However
tooiish, or however wicked, CT slory aud do
minion.
Perhaps there il no principle, of SO much
Importance N the repose a Ike world. ard
the comfort OF mankind, which rests ON a
more slender fcucdatIor, than tina, under
which Great Britain cIainrs che right Of
seiz'ns the goods of her Enemy in neutral
vessels.
he law Of nations is that syytcrp ne prjn
cipies and regulations founded in reason 1uh
general convenience, by which toe inter-
Course between independent states ought to
be governed.
The {. eNtics before referred 10 prove une
the general and continued con.
yictIon 81 all Europe. as we'll as OF the ".
States, that The principle that free ships
shall make free goods is reasonable and
J. his consideration ought to be
The reasons which have produced This
conviction are obvious If the rights OF
neutrsls were never 70 be inva,ied, but in
cssea OF absolute necessity, tie enly cases
says STo'i',s, in which hey can be kvfrJly
invaded. q 3. c. II. S. ~ if in tact the
goods OF an enemy could be carried IN peu
irsi ships, two consequences, most auspici
Gus to the happiness Cf the world, yyoultl ne
cesssri,y result. The first is that vars
would be less frequent, as the great cause Of
between oeligerents and neutrals
would be removed and the second is, chat
w9.'s wcald be much less distressing, b.-
cause the individuals of a beIl,pecent state.
m isht yet carry Oh their trade in Neutral
ships.
In this view Of the subject. the o,,;nions
or rather the dicts, of the jurisrs, on ,sbose
authority the opponents OF nentrai RIGHTS re.
~, cannot be " much Consequence. The
authority Ct ali Europe, and especially q
mat government which calls thern to It's aid.
- directly against them. Treaties are the
work ~ statesmen, selected generally far
ne goctaton on account of their practical
knowledge OF the world, and its affi.irs, as
we'll as on account of their learning and ab;
iIt,cs. Wher thevefol., We discern ,ns ,-,te
In question for nearly century the basis of
so many treaties, recognised over and over
a gain Nv every maritime nsticn, and actu
ally distinguished from all other principles
OF the Jaw Of 1Ations BY Z. ..vand cunfede-a.
cy Of States armed for les snppnrt, the in
tersnce IS clear and irresistibl- thss the
rule Itself mast in les separations BE useful
& beneficial to nans hid. This inference
cannot De resisted by few liu:s from Gro.
tus, Bynbersboek, &c Vattef, each of whom
as TO the extent of the kriIigerent right
diaers from the other two--she FIRST hs,pe
"f @p'nion thst the vessel is forfeited, IF the
goods are pat on board with the consent of
the tna4ter--6he seeJnd. that the vessel
crnnHt be condemned, EVENT. The master
feou q nave undertsken to transport thrm,
but tbat he loses his freight--the ,hird, thai
ne vestei 's safes hut that the master is IN
Tilted TO the prize oe e. an ppor}aiion.--A few
"orls ON This subject Gay ne amusing, it not
teefni to those vito hsve 10 Iei-nre To On.
gag in full examination for themselves.
Srolius (Bopk 81. oh. 9. Sn. s0 has
these words only. &c The vessels BELONGING
10 oenlrais are not gpyd prize, because they
nave ehemy's property or board, ppiess
they have been placed there by the consent
m the raster." +, Is obeious that In h;e
p'r1Un The goods themselves MIGHT be con
aemDed; butwhether this opinion or tiictrnn
ior " - TO more, wss founded on his de
llocrste conviction of what was flglt. or bis
knowledge Of the common prscticp Of thar
early day, does not distinctly appesr. The
probability IS that be referred 10 the Drac
tiCe eniy because IN fact, his great vork
celebrated ~ it is, may be REGARDED rather
as an historical detail Of tue asages or.
vaiiins among the nations OF Enrope. thsn
~ cIGGfiunn Of the principles Of tie law NJ
nations, on The ground e irason and ccnte
nleGcs. The remark Of Rynkersl, ek
(QPest. Jrr. pob. lib /. c, y 20 this effect IL
entirely Correct, * secns peculiarly aool;
cable 10 him IN relation to the MONT o,,ds,
consideration. ByDaershOek hawever bss
himself fallen into the ssme error ami offer
quotes even the ordinance ii the States (,c
NERAL as showing what the law of nations ie
withont any Investigation IF She reason And
principle Of what he thus supposes to be
law. ~
Byukershoek in speaking upon this great
question, he gives his opinion. C;b. / 6 IL :