Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1818-11-10
From the N. y. National Adrocate.
OPINION OF JUDGE VAN NESS.
[CONCIUDED1

II Is !artherstated, in the decision ofthe
same case, that, "5y the law of nations
so foreign power has right TO equip yes
sells ofwar, IN tie territory or ports of "a
mother; and that such acts are breaches
OF neutrality"
THIS position, | conceive. is laid down
TOO broadly. appreLend IL is not, in II
self, a violation oi ihe law of nations, TO
equip vessels oiwar in neutral port II
may he a departure from neutrality on
the part OF the nation that permits one
belll%creni 10 equip and wilhholdS the
like privilege from the other; but II is no
breach on The part The beiligeres,i, nn-
less the act be inierdicicd. ltis, there
fore. common Oh HE breaking out of hos
ti.liIeS between ANY two naiiOns. lur 9th
ers who nlerd Ia remain neutral. to pro-
hibu the belligcrent TO ann or equip with
in their ferritnr, or jurisdiction The
QUESTION is then presented, whether, If
tins prohibition be diSregardcd, The ,rans-
gressor Is punishable otherwise than uu-
der the municipal law of the country
wbIch cnaCiS n. II seems 10 me, thai, as
II was not unlawful 80 arm or equip before
II vas lnierdicted ny local regulation,
The punishment must be exclusively UNI
der The law which creates the offence.
Neither are The citizens or subjects uf one
country or government prohibited by the
Ia" of na;iomSio enter the military or ma
val service of smother; but as such con-
duct may comprOmit tSr neutrality of IL
nation, II is poi unusua! 10 prohibit it,.
The offence IS d. cared, and the punish
meni provided, by the mUni,!pa law OF
their own country.
| With great Difference and respect, ! have
suggested some of the most obvious diff
tIrHltIpS N d o. ,{
The law, as now settled in the u. States. 1t
would not be difficult TO slow, that The
principle upon which il rests, il pressed to
the extent IFS spirit, would lead 10 other
lnconvenlcnccs, and might open sources
OF collision with other nations, not easily
closed against the angry spiri. that per-
vadcs them.
But whatever may be my humble view
and haSty impressions of this subject, |
yield them without hesitation or reinc;auce
To The exposition olthe law, "a handed
down To az anterior coNrts by the eniIght-
ened wisdom of the higheS; judicial trlbu-
nal IN tie country. lis decision on the
subject IS tie law OF the land, AMI EN-
phaiicaiiy the law of this court. II will
he conceded, However, as sound rule.
that a law which in It's effects and opera
non, involves maieTS of great deiicacy
and national importance, is TO be enforc-
ed only IN cases fairly WITHIN It's spirit and
lis terms. With view, then, 10 apply IT
) 10 the case before the court II will be ne
ce5Sary 10 ascertain, with precision, what
. the law is, as settled by lie supreme court
Of the U. States.
The decision of Judge Bee, ofthc dis
trlct court OF South Carolina in the case
oiJanSen vs.. Talbot ) Dal. 202 seems 10
be the ilrst 80 have resented 10 Tie con
slderation of The supreme court The effect
OF captures by vessels fitted out in our
ports.
? The Judge. in delivering his opinion in
, that case, SAYS
This coryi, by the law Of nations. has
> jurisdiction over captures made by TO-
reign vessels ofwar, ofthe vessels of anv
other ration with whom they are at war,
rromded snch vessels were cquipped here,
IN breach OF our SOvcyeiguiy and neutral
lily, aud The prizes are bro't iufq presidia
OF This country. by the law OF nations. no
foreign power, IFS subjects, &c. has a right
10 equip vessels of ar In the territory OY
pOiiS Of another. Such acts are beach
cs oi neutrality, and may be punished by
SEEING the PERSONS and property Of the
offenders. Vessels of war so eduippcd,
are Illegal, ab oyigine, and no prizes they
-, make will be legal, rs 10 tie 0f}eated p7a1er,
; If brought igfrG prcsdja."
d | have already stated eome If mv ol,;.c.
tious 10 the broad nrincirIes hc,o !. Il
i, dorn. aud have n,.rcI, referred to ,l,nn'
: aoain in this place 70 noin, omt n,orc ,iai,'
h ~ what concnrrr,,re OF circn,,s,ani r,a'I =
necessary. even mon the dortr;nss ,a.,;,.
famed in tha; case IN givn ;,,r;sIic,;o" r.
this court. II will'bp Seen ,l,at oven ~
, Ituc opinion of fhai ahl,. iu3gr tho ycssoi
q must moi ONLY have bern co,ID1ed 5c,c Inn,
cir captures mus, be brou%i,f j,,f,a p,e.