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Page:United States Reports, Volume 2.djvu/24

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rs Casas ruled and decreed in the l73I. But the claimants take a ground which they fay will fave the vw`} cargoatallevents; andthizground istheordinanceofCsngrg/:, which relates to the rights neutrality. Congrefs, Oétober 1786, takin into conlideration the decla- - ntionofher Impmhl ofkuflia, with regard tothe tights of neutrality, adopt principles of the declaration, and Winn committee to report refolutions conformable to them. olutions are reported,and on the 7th of April 178I, before the capture in the- prefentcafe, pafs an ordinance af- certaining a fet of inllruélions for commanders of arrnedvelfels,. _ the gd. and 4th of which areas follow: gd. “ You lhall permit all neutral veB'els freely to navigate on “ the high fessur coal}: uf Ammlu, exeeptfuch as are employ- •* edincasrying contraband goods, or lbldiers, `to the enemies " sr thefe Unite! Slate:} 4th. ¢¢ You {hall not feize or capture. eikéls belonging to “ -the fubje&s of the powers on board of neutral “ velbls, excepting contra nd goods, &c.” `

 Grmt Britain, before the capture, had commenced holiilities

againil: theStates General ;but by proclamation exempted from capture, for a limited time, all lhips and veH`els, belon 'ng tothe StatesGeneral of the United Provinces, `ng tg; produce or manufactures of Domimba, according Luiz; articles of ca- pitulation. The {hip in this cafe was the property of Bruatligbt and Sm, fubjeéts of the States General, carrying the produce of Damimka according to the capitulation. She was captured by a Brétybprivateeqwitlrin the limited time; andon a fuppofrtionithat Ahu·ri¢·¤ is notbonnd bythexticles of capirulation, her cargo was _ . the property of Britjdw fubje&s at war with America. This Cllh comes exprefsiy within the fourth inllruéiion ; the {hip is cer- _ . aainly wirhin the predicament of neutral property, and the car- go is the properzaof fubjeéts of a belligerent power. But, it is {aid, t the rights of neutrality were broken by the Britzb capturesx ’ · T e Briti/5 capture was illegal; it was without authority from the Brityb Crown. It was dircéily a ` the articles of capi- tulation, and in oppolition to the Briti proclamation; it was a piratical a€t, in legal liriétnefs, and only excufable on the cir- cumfiances of the cafe. But {hall America violate rights of neutrality, becaufe another nation has done it ? Or, which is the prefent cafe, becaufe a `fubjeéi, without authority from his na- ' tion, has done it? Did the lhip ceafs to be a neutral Ihip.by themapturc, and did the cargo ceafe to be Brityb property ? If not, then, at the time ofthe recapture, the thi was aneutral {hip, andthe cargo, elfeéls belonging to the fubjeélis of a belligerent power, and fo exprefsly within the 4th inflrufiion. But it is ob- jcéted, “ that Grmr Britain has not acceded to the rights Of neutrality,