The daily union. [volume] (Washington [D.C.]) 1845-1857, 1855-08-28

With regard 70 the 70 be pursued IN maritime matters
The one declares every ship sailing under neatrAl flag
with IertFs pspers rssisy drawn which bsvng bees
since the OF the var sulect seizure
and, consequently Be lawful prize Such right bel
gersns be recognised C0mHsroe free between
neutsas and nations this freedom uuliued
eept with regard the restrictions relative
war and 10 places esieed bock4ed or ested
extends all kinds conmedfies, merchandise and
moyAbe goods, without exception. The citizens OF nations
peace can, when they think proper, purchase
chant sdps from Of the parties engaged IN hosi
tiles without the other party having the right 70
surfing annung these sales OF considering and Of rcs
ing belonging 70 the enemy vessel resiy Neutral
and regularly recognised BY the neutral government
the property Of its subjects la order declare
null and void Il Is indispensable that the legislator have
authority and Jurisdiction the contf acting parties Il
pose that the begeent possesses The right Of Jurisdiction
neutral nations This be- saoh pFeteuson OF
begeren - an abuse OF power attempt against The IN
dependence Of nations peace; and ueuy violation
u the duties imposed by the divine law upon
Bat i said that the object OF this provision IL pre-
vent the consien which might exist which, IN fact does
too often exist between neuGs and the begeren which
happen 10 be inferior naval power by OF which
me latter may by fraudulent sales place all ITS merchant
ships beyond the reach Of the chances Of This fear
but pretext; but il web founded perceive
that the begerent has the right make opposition The
nation whose adversary has been forced have to
frandaenty or IN good st the shps have not yet been
captured they the point Of being captured
and the act Of transfer then neither dePrves it Of any right
nor fnnles upon IL any WEgng The ship, under such car
cumstancs may be found either in the enenys port not
bocsaded where the neutral may consequently engage IN
species of commercial operation Il be ionnd IN
neutral port, which the 5elgerent has in no
any Jurisdiction the ship is then completely beyond the
Of the enemy and being engaged in commerce.
consequently, either bought or sold The enemy
right 20 this sale, whether it be real fraudulent
by which interests endangered right
appreciate, 10 adudcate about explain at
tempt ascertain whether the sale be bona tide andu
lent The begeren power long 1t retains ts ship in
its possession, long has been deprived 81 Il
By its adversary has the right to sell its propery the
tra hs the Uncomfortable right Of Purchasing ~ and IN
wv
rights of II the really becomes purchaser
how justly be deprived OF property legitimaiey
quiec At least il viii be necessary examine whether
the snls has actually been made Bat the belgerenf mas
right 10 make snrh examination il cannot then, have
the right Of declaring sale null without examination.
" The fear OF collision but pretst, which beigerent
have put forth advance in order extend their rights ard
prejudice the rights Of neutrn To admit their preeu
sions leads naturally necessarily, very grave
quenoes particularly with nations which do recognise the
MAXIM Free shps free goods. In effect I'VE admit the pos
sibty Of the sae chip being rendered null OF
the possibility Of fraud necessarily led make the
admission with regard to merchandise the natural
consequence viii be the coscaton Of all products OF the
ships because they may been purchased the
Of the ard the sale have been frau
duet and these products rputrd always belong
the enemy. The consequence do here; great
many kinds OF merchandise being peher Of the growth
tbs manufacture OF the enemy belong 20 hun, and viii
be subject eoniscaiion when they found board OF
neutral ships 1t will thus gradually pass that the
of nations al viii be reduced 10 the point
which recu ed BY the English in 1907 il will be
confined solely products their soil their
manufacture transported directly from the places produe
ton into neutral p0tthat say, that will
be ruined and annihated the concealed unhappiy the
real purpose Of all pow ertu bslligerents.'
These noble sentiments honorable their author and
much in with the spirit Of the modern
Nspoeonic Legislation than the sentiments Of NM Pistoye
aud Duyerdy.