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Page:United States Reports, Volume 2.djvu/27

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Fnnnu. Coeur or Annan. · ar -

  • !hidh¤$bQ¤¤l•id‘b¢£•I¢¤••$¤dwehsne llfoponlitleredthe I1}!. "

obl'emti¤n• and ugumeatnwhich the Couofeloponhoth tides un`; . have. made upon it. · Q Ontheirlt argumentwewereef°•;pinioo,tb•tth•lliip ought tobeconlideredin thepredieament neutral property,andeo· titled to all the rights and privileges of neutrality, which the _ Ordinance offfongrefsafeertained and conferred; wetook up thisidea from aconllrttétion oftbearticlesofcapitulttitn and the Br·Bj¢ proclamation, which ilfued inunediatelyon the rup- ture betweenGrr4tBri1air» andthe 8¢¢•.rGe»er4I, and which protcéied the {hip Re/`olutian for a limited time from enpturevm her ptifage from .D•mim2a toelrryierbm: We ‘¢¤¤- ceived, thatthe neutrality ofthe Stare: General, with regard to_ the ihip, abltraéierlly eonfniercd, wssnot broken b the rupture; . the proclamation havingocontrouled the extent ofthe war, by its exemption of the lhip m being a fubje& ofhollility andcap- (DIC. . • · . Such was our opinion on the lirlt argument : Baton conli. deration of the lalt argument, we are of a diicrent opinion. The writers upon the law ofnstions,fpeahia:'p oftbcdilfereot kinds of war, diiiinguilh them into perfe& : A perfe& war is that which dellroys the national peace and tran- quillity, and iays the foundation of every poilible a& of :

 waristhntwbklldoesnor entirely dellroy t e -

public tranquillity, but interrupts it only in fome particulars, as in the cafe of reprifals. ‘ - Before Great Britain commenced Wir with the Siam General, the State: were a neutral nation with regard to the war between Great Britain, France, Spain anddnwica: They had taken no part in thewar, and were acommon friendto all. Thisis pre- cifely the legal idea of a neutral nation: It implies two nations at war, and athird in friendlhip with both. '1`he war which Great Britain commenced with the State.: General was a perfeél: war: ltdeltroyed the national peace of the State: General, and - with it the neutrality of the nation. The Stare: became a party in the general war againll: Britain: They were no longer a common friend ro the belligerent powers; and therefore they cenfed to be a neutral nation. War having thus deliroyed the neutrality of the Siam General, . they can never refume the character of a neutral until they are in circumiiances to refume the charaéter of a common friend to Great Britain, France, Qoairt and America: But this charafler is not to be acquired while war fublills between them and Great- Britair:. Only apeace,therefore, betwcenBritairt and the Slam, can put the State! in a capacity to refume their original charac-. ter of neutrality. But there can be no peace without the com currcnce of both nations: The Britjb could not therefore.? e