Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1843-05-19

RIGHTS OF NEUTRALs-A paper under this title
has been recently published among The miscellaneous
writings of DIR. Noah Webster, of New Haven, which
asserted by high legal authority be perhaps the
best essay that has appeared upon the subject The
ned author traces out The practice of nations
gard 20 neutral commerce from the earliest periods of
maritime commercial intercourse, showing that no
system Of rules ever adopted by general consent
Of regulate trade, but that all the modern
regulations and principles have sprung from special
ordinances of Princess prescribed by arbitrary will,
and forcby imposed by the strong upon the weak, or
were originally founded particular treaties and
uons; was the obligation OF these restraints
in their origin referred 10 the law Of nature or
nations. From The thirteenth to the seventeenth GEN.
Jury, The practice of begercnt powers 10 pro-
bit by proclamation, and restrain by seizure and
-caton of property, at their discretion, any species
Of commerce with an enemy; and prohibited articles
termed contrnband-a word compounded Of the
French words eontrc, signfying against, and ban,
edct proclamation, because they were carried con-
trary TO proclamatioG.
The right Of search in lis origin, likewise rested
express stipulation The first mention found of by
Dr. Webster in his researches, in treaty contracted
in l475 between Edward ". OF England, and the
Duchess of Burgundy, IN which the parties pcprocally
conceded the right of examining the ships OF either
ton in port of The other their adng with
commodities prob bited TO he exported; and he dscove-
red regulations treaties whatever, concerning The
searching of vessels at sen anterior 10 the year 1872
though it probable that this practice assumed by
those who had The power 10 exercise IL, before IL
sanctioned by treaty Indeed, this is obvious from tho
fact that the first treaty spulacns relating to it were
adopted TO restrain It's abuses
For upwards of century, from 1863 to $780, the
rhine code of Europe, settled by stipulations in
treaties allowed free trade to neutral vessels of either
of the powers, with any nation at war; ports beseged,
bocseded invested excepted, and an unlimited right
to carry all goods enumerated as contraband Con-
;raband goods declared to be wake instruments
only The principle was recognized, 10 lis full extent
that free ships make free goods. All merchandise
found IN enemy's ship, 10 whomsoever belonging,
was conscable but the goods of enemy in the ships
Of friend free. Ii was made lawful tor neutrals
to curry on the coasting and colonial trade Of
nv without restriction except 10 contraband goods
Clear evidence, strong suspicion OF contraband was
requisite TO Justify search Full credit given 10
passports and certificates of ading and the ship could
not be detained moiesled, turned from her conrss
where the certificate gave evidence OF contraband
Nor if contraband goods were discovered, could the
hiches be opened chest bale or package be broken,
until brough, shore and in the presence of the proper
officers
This was the code recognized in theory by Great
BRIAN. France, Holland and Spain, and probably by
other nations up 10 the date of the armed nf~ Atty
in 1850 The celebrated conederacy OF the armed
neutrality was rendered necessary by repeated in
Engagements Of these established laws Of trade the
part OF Great Britain, and her systematic efforts to alb
roga,e or evade them. All The maritime nations of
Europe, except Great Britain and Portugal, which was
under her immediate influence, combined, efectuaily,
10 establish the following articles
J. "That oil neutral vessels shall be permitted TO
navigate from port to port, and the coasts OF the
belIigerent powers.
| 2 "Tbat the effects belonging to subjects OF the
belserent powers shall be free on board OF neutral
ships and vessels excepting only such articles as are
| stipulated TO be contraband.
3 sin order 10 determine what is to be considered
as port blocked up is hereby declared, that that
port only shall be deemed as SUCH into which no ships
can enter without being exposed TO an evident peril
from the forces that attack the said port, and from the