Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1815-02-08
From a Boston Pafer.
LAW OPINION.

Quesfion.-Would trade by American
citizens from port OF the United States to
Lisbon, under the protection from British
capture of such British License as accom-
panies this paper, be breach of any law of
the United States9
We are not aware of any law of the u.
States which can be supposed to interdict to
American citizens the trade above mention
toned, either with or withou, such license
as has been shewa TO US.
It seems to be clear that without such
license our merchants have a perfect
right TO carry on their ordinary commerce
between this country and Lisbon, 50 long as
the local authorities of Portugal allow IT,
Lisbon is not British port, possession. col,
ony or dependency. The armies of Great
Britain are IN Portugal as allies, not as con.
querors. The native government remains,
and We are at peace with that government.
The ordinary American trade to Lisbon,
therefore, cannot be affected by the act of
Congress declaring wa against the United
Kingiom of Great Britain and Ireland, or
by the act, entitled "An act to prohibit
American vessels from proceeding to or ira
ding With the enemies of the United States.
and sor other purposes"
raen, as to the effect of the British LII.
Cense upon the trade in question, the only
act of Congress which can be imagined tn
touch the point, is the act last mentioned
by the first section eff that act, an American
vessel cannot clear out or depart from
e any port or place within the United States
to any foreign port or place, till bond and
security have been given that she shall not
pr coed to. or trade withS the enemies of
the United States" and the same ac. makes
il penal to depart without giving such bond
and security This provision has nothing to
do with this case, if we are correct in SUP
posing that Lisbon is not port of the enc,
mics of the ". States.
The second and third sections Of the act
relate merely tn the transportation by CT.
,izcns of the United States to the British
Provinces of Canada, Nova Scotia and New
Brunswick, OF Nayai or Military Stores,
Arms, nr Munitions of War, or Provisions,
from any place in the United States, and
consequently have no bearing or IS case
And as 10 the fourth, fifth and sixth secti.
ons it is manifest that they have no sort of
relation TO il.
The seventh snd last sectian is the only
one that has reference to the sailing of Anne
| rican vessels under British Licenses, and it
will be seen upon the slightest inspection
that i wholly excludes the case undeNcon-
sheraton. This section enacts {" That eve>
Il =,
or residing therein who shall receive, &C.
cept or obtain License from the Govern.
ment Of Great Britain, or any officer there.
OF, for leave to carry any merchandise or
send an vessel into any fiow or place zvithtl
the DoniiIsions If Great Britain, or to trade
with any such port or place, shall, on con-
vic.iOn for every such offence forfeit a sum
equal to twice the value % Lisbon is not
port or place within the Dominions Of Great
Britain, and Of course this section does not
in any manner look to trade with it.
There is no other act of Congress which
even approaches this matter; and it would
be ridiculous to apply 20 IL the Law of Urea
son. as defined by the Constitution. To
trade directly With an enemy has never been
supposed to be treason at the Common Law,
or under the Sta ute of the 25th Edward Sd,
and it has only recently been settled in Eng
land to be a misdemeanor. Whether il
would be held in this country to be even
misdeameanor, to be inferred from state
of war by the aid of speculative considera,
tions of expedirncy, may Justly be doubted.
But it is quite impossible that trade with
a neutral port should ever be so held on the
mere ground that the enemy forbore to mo.
list it.
The single effect of the British license on
this occasion is to place the commercial adj
venturer in a state of security against British
capture on the high seas. 1t amounts to a
waver firo hac Vics of the belligerent right
of Great Britain to seize as prize Of war A.
merican property embarked in commerce,
to which the license relates. How far it
might be wise to forbid by an act Of Con
gress the use of snch licences by American
merchants, we do not undertake to deter
mine +; but we feel confident that at present
il isnot forbid in any manner. We are
further of opinion, that the license will not
subject the property to capture as prize
by American cruizers.
Itmay occasionally be circumstance =
mong others to produce a suspicion Of la
tent British interest, but il can have no o.
ther effect upon the question of Prize or no
Prize.
(Signed) JOHN PURyIANCE,
VIM. PINCKNEY,
baltimore, Oct. 12fh, 1912.