Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1820-01-06
mon COUHY OF ADMIRALTY.

n! turrc,s aud .aiis &C.
-------------~--s.-s--ssss.s -lzrssEs--------
HIGH COJHH OF ADMIRALTY.
IA ~ or Tar . D1iCIi i-S.HITH.
LONDON, November XJ.--iu this case winch
h"d been argued at CONSIDERABLE ieng Il, on a
former day, Sir William Scat proceeded TO
give JuGgmeu! 10 The following eject -
hG shlp and cargo in question:, American
property, werv destiny "a by Captain Hope on
the istJdnHa'S 1914 being lien III the pIoseCu.
urn OF voyage tom Cadiz where she had
earned catso OF provisions 10 Boston v, heI e
litt owners resided She lad encountered "A
continuance Ut most lemYesimous weather and
had suffered most severely under it, 20 as TO
maSe II more Than doUbtini whether size could
reach America. Juder stTo1g sense OF dan
ger they had Determined upon general cOuu-
eli OF master and Marines, 10 maze iuI the ISL
hnd al Bermuda, bat We're baified hy the on
position OF "a contrary wind, and come lied TO
resume their course 10 America IA tne!r shat
Tered condition, and under tie unsettled and
boisteTsuS weather which belongs 10 that sea-
son of the year IN those attitudes. On the t,rst
OF Jannaiy, 1911, she is met with BY his NJ ajes-
y snip LndYmIou, Captain Hope, by whose
otder size was destroyed alter her CAPTAIN and
crew with their baggage were removed OH
board the EDdymiou, aad alter other tTaHsac-
hone TO which stall presently have occasion
To advert.
Taxing This Skip and cargo to be merely A =
me! can, the owners could nave no right TO
complain OF this act OF hostility ia this CourI,
Toe thliT property was liable TO II in the cha
~ theFe Was 10 doubt that The iIudN utlun h d
The right to Intfict II, IT elN grave call Of pun
lac service required it. Regularly, captor is
DOuhG BY the Jaw OF AIS own country, conform
ing To The general Jaw of nations, 10 BIlng An
Tor adJudicdtion, III order that the property
may tie aScertdiHed 10 be eDemys property
ana tnat mistakes may not BIZ commute ed Dy
cdptorS III Tue eager pursuit OF gain. by whiC h
fhJnSlce may De done 10 neutral SUBJECTS, and
rational quarrel produced with foreign States
10 wh!ch they belong
here is clear American vessel aud cargo,
alleged by themselves to be such, and conSe :
a"ehi'y, eHtml's al that time they shew no
inconvenience ny not beng brJught III for the
condemnation t!Iat mast nave followed IL mere
American property; dGd the CaFlOIS fully Jus-
thy themselves DS ne sdw OF their own Cou,,-
Try, "alch prescrtbtS 'te bringing IN by zhew-
tHSs tHtt fHt Immaculate service III which they
wcTe engaged, thdt OF watching tie enemy :
snip OF war, The President, with intent 10 en-
COULTER nri, though u inferior iorcc, would
hol peTH'i them 70 part witn any OF tiieir own
crew 10 CAR. her INTO "A British mort. Under
This collisions Of duiies, nothing " as left hin 10
destroy ner for they could not consistently
wiih iheir general duty 10 Their own country
az indeed express lnIUHcUOns, permit enemy >
property 10 sail away uumOested. Where the
property 4 EeuiTsi, Tho act OF destruction can.
not be JnSlrIed TO tie neutral owner AZ he
Eiayest Importance OF suCb lIr act to the puDIic
service OF tne cdpt0Gs OWh state. I D tie neu-
tidl ~ can only b. Justified under ANY such cir
ciniSiaHct ~ Il fhll igsututOn ItFDdiue. ihcse
are Tuics 50 Ciedr iH principle dHi established
}" lnaciice, 'nAi they Iequue neither rpasUn-
lng uor precedent ~ Illustrate or support
them.
~ The present ease ii IS cOntenGed. thai the
hostile character was diSaIned hy licencp
aHd see no reason 80 dispute vItiIeT the eXis-
tthCe Ot The License or its authority Ii had
been granted HndcT circumstances ihat TIA We
bCen justly described as bIgiIy favorable
bic hdd carried "a most seasoUdble supply from
America 10 Cadlz, d cay much connected with
aud gFotecteh Dy our county during the Sc
Vcre progress Oi our war win France tor The
s'DeEaitOn OF Spain, ~ which this cav had be-
funte tG0 only remaining strong nUid she had
undertaken thiS day uuder Tie dangers al n
Le1Vy responsibility 10 Her own country, ihrn
- vas with Great BuIaiD. and having success.
sally performed u, was IetutuIus home uuJCf
The protection OF feHcwed license from tue
B'juoii Minister at Cadi2
~ IS not 10 be denied that these facts create
ch'ipa OF terJ su"ug aud commanding Ia
tue. 4ute IrIcslstlhiC u urged "a q piuufr
n"DHtr; dUu Uie only QUESTION IS this whether
lhCy AIc SO thought forward as TO affect inc
caWOr with responsibility. Upon tuis 1 lake
ITO be clear, that Il the CdpteI knew Of jhe
license, either NOM Iio production o. other
circumstances whi.H Yu~bi To have satisfied
DiIH Ot ITS existence, he IS lIablc ia the " Ii.Ir
extent OF the mischief done, yalucd al ~ 900.
At Is as clear position contra, that - the exis-
tcuCe OF Tie license t,., MOI disclosed TO hin
~ those whose dNiN u was TO inform nm, and
he had no sutnCI, nt means to IutOfm binsci1
Dc g. nor wrong dOeT. The act n tUItuOnS T.
lhe ace OF the pctsJHs who withheld the ,nioI-
nation, ihCy we're bound 10 have giytu htr.
before lie act o. destruction touk place, stiI
m0ie " thCy held out the ship aud cargo 10 be
eGeny's property, had he a rigHt ~ treat Il as
such. There Is 10 case 40 which tic rule de
HDn esTteHtIiVs Il non dJYarehtiDHs can more
justin apply thaD where mau Is called upon
90 duSW a. tor loss oCcdsiOued by the act OF
corteriment Of the complainant. II .lrp
aimed wiiH protecting license, which Is not
alleged o. PRODUCED at thc time Of capture Is
htOe ht ih untet circumstances tAdt did nOt al
ali cOmpei and authOuse au immCd ale drs-
~ iU., lus Court Ouid subsequently, restore
that vessc but it would udemHify tie cdptur
a. toe utmost extent Of al tie expense be Ias
keeO lut 10 OS tHdt dct OF COHCedincHt ug de-
MAJ ine IMP 20 thi, case being DESTROYED.
cannoi hc restored bni 10 Ju.iiiidbiy de-
trOyed, uuder an ignorance produced b, such
du aci, ihc Z art owes tle CaploT the same
pTOiecuou o. Lefallest extent Ihese are tie
rTiuctpit. Wnfeh mast apply 10 this issue Oi
aCi--" was tic kBOwledge o. This license com
i.uuicat,d GO iHe calt0r, OF was ia necessarily
90 be 'uirticd w huu Heioge tie act OF des-