The enquirer. [volume] (Richmond, Va.) 1804-1815, 1814-01-15

under ms extensive overs, to grant SUCH
hcenses, is, believe, admitted; but it is al.
lodged by the Counsel for the captors, that
there has been no violation of it, which
should deprive the grantee Of its protection,
mat the explanation OF Admiral Cockburn
IS inadmissibie, and that the license thu
be strictly construed according to the letter
fit il being a passport of safe conduct,
and rot license OF trade; therefore it wilt
nYt admit of any latitude of construction, or
explanation; ON the other side, it is contend
ed, that 1t Is entitled to the like liberal con-
structien, which is allowed in Licenses OF
Trade, and that Admiral Cockburn's cert;.
hcatc is good and ought to BE admitted Z.
very respect is due from this court 10 lcen-
ses, graned by the authorised Agents OF
government, and it is its duty to give them
very legal support.
] have attentlvel. perused the several ca
sss of Law, which have been cited or both
sides OF the question:. ard without expatiat
ing on them, / shall to the best -nt my ability
TORN my Judgment, on the application of
then, to the present case.
The licence was granted by SirJ. 5 War
ven IN the chesapeake, aud the application
OF 1t was from Washington, the seat of Go
vernment; all the contiguous Ports, now
under rio orous blockade (: and it W as grant
ed specifically, for the protection of vessel
conveying the Russian Minister'S dispatches.
It must teen be reasonably presumed. that
the license was for vessel, intended to sail
imme diateIy from one of those ports under
blockade, as most convenient To the resi-
dence of the Minister, and most expedent
Tor the purpose oF dispatch; license was
as necessary here for neutral, as an Ame
ricaa vessel. Il can hardy be supposed
hat the whole range Of the American coast
was intended. to chuse point of departure
h n IF he
q to arrange it.
From the tenor Of the license itself. and
srom, the Law which has been cited, am of
opinion that this is not License of Trade,
bot passport fer safe conduct, as literally
expressed, for TIE Russian Minister'S dis
patches; aud must be taken according TO
The strict letter of it-and under this i'm
preston, do not think fit Admiral Cock
bun's certificate of Sir ]. r. Warrcn's in
teption, can be legally admitted.
But had this license been to the extent
asserted, IS the 5ongfdes of the guarantee
anirnpeaChabe 1t was granted on the
18TH OF April on The 18Th of MAY, an ex-
pianation i: required, 40 TO les extenti and
IN the 18Th OF July, it is set into operation Il
from whence from the port OF Charleston.
port at tue time of granting the License
ppen TO the sailing of all nsutrals, where no
License could be required, but under block
parture, when license became absolutely
necessary. Il cannot be alledged that il cen
temPlated the blockade Of Charleston.
The License Is TO protect the vessel from &
on aer retarn to the United States, with des.
patches. l presume it must have been ex
planned to Sir b. Warren, that his pro-
lection was for this special purpose but
this vessel is to be sold, if the master can
effect Z. sale OF her on her arrival in Eu-
rope a; Tor This he is furnished with fun au-
tnorlty @-Ihe letter of Intersections TO the
mastersorders him to be objected by Mr..
baumhauer. either 20 end his voyaee at Got
tenburg, or proceed TO port IN the Baltic,
aud il stated that Mr.. Baumhauer, will
aid him with his advice, and render him
such services as he NAV require.
ihiS certainly seems to place Mr.. Baum
harer in character not altogether CON
s's.ent with that which he appears so tena-
c'ous OF supporting = person entrusted
with in'Portsnt dispatches TO his govern
ment. as ne Is stated to be, is public cha.
racter, that cannot be Supposed to have con
Gems with mercantile sbeculations.
The Circumstance Of the Pilot is not a
little singular. Charleston was known at
that time to be blockaded, the usual plying
.cf the pilots outside OF the bar was of course.
at all end :: ones however, is found on board
Of this ship. !or the purpose of seizing the
hrSt opportunity to take her out But il
DIES nor appear how he was to return. Ii
would seem that he was intended for thu
voyage, that no delay might occur, whict
nigh Ihro~ the ship probably. 10 the way
Of the BIockadng Power; and after The
ship was detained. hired himself as SER
want to Mr.. Baumiauer ard here occurs
a serious queston--wny has not that gen
demau proceeded with his important des-
patches! what has detained him : A Span
ish ship sailed for Eurone soon after his ar
rival, aud Brush ship not long after his
presence was not necessary for the further
protection or the ship. because, If restored.
the License would have effect with the aid
OF a certificate roH this Court IN defining
he n"tnre aud essentials of I.ieenses, Sir
William scott states them 90 be high acts of
sovereignty and nc essac.y strict juris, &
must nOt be Carried foftber than the great
iuthoruy which grants tbern may be sup
posed TO extend 70 give due eject tn them,
II IS NECESSARY hrst, that the intention of the
grantor htil he pursued.
2i. Iuat there shall b. an entire bona
hHeS on the part of he grantee it seems
absoU ely essential III 1t uO more should BE
done than th7t which the grartnr Intended
% permit aud the party who uses the LII
cfnse, not only engases for fair intentions.
but TO aci cchiornablJ to the intentions Of
the grantor.
TIE case e the. freeeut license before
che Court, as | have before, bserved &c IN