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Page:United States Reports, Volume 2.djvu/37

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Fromm. Cou1t·r or Arrests. 31 uy/cn, enclofed to Waterburglw, contained a full communication of 178 r. it. _ VV`-! “ But the papers, it is {aid, found on board the Eqfm, throw ¢• great light upon the fubjeél ; they pluck o&` the malk, and “ exhibit M»¢n in his proper colours ; they prove, that an illicit “ commerce has taken place, and that the articles of capitulation “ have been repeatedly violated.” Admit, for argument lake, the fa€t, that the Eurtin wasenga- ged in an illicit commerce, how can the conduét of the Eurrin alfe& the Re/`olution? But what is this illicit commerce, which is charged to have taken place? Let it be afcertained, and we lhall find, it cannot pollibly apply to the Ryolution. . “ Brityli goods, it is faid, have been lhipt from London, to “ Dominica, thro’ the intervention of neutral ports." Can this fpecies of illicit commerce apply to the .R¢:lucion ?. It is im- pollible; for the was never engaged in this Dominica trade, till after her arrival at Eurtatia, early in 1 780 ; and from thence {he failed to Dominica, where {he lay, till the rupture between Great Britain and Holland took place; nor were Brantlgbt and Son ever engaged in fuch a commerce for Morjon and Co`:. letter, of the 6th March r78r, after the rupture, {peaks of this houfe, as a new houfe, with which the people of Dominica were un- acquainted; and mentions the dilliculties he had, from that circumilance, to procure confignments. · “ But the papers, it is {aid, of the Eqfin prove that the “ produce of Dominica has been exported to London, through “ the intervention of neutral ports.” Was the Rgfolutian ever engaged in this fpecics of illicit com- merce ? The peculiar circumilances of her cafe lhew, that {he never was. The rupture with Holland took place while {he lay- _ at Dominica ; it {topped all {lripments. On the arrival of the Britilh proclamation, protcéting Holland veilels, for a limited time, on their paffage back, {hipments went on; but the protec- tion, which the proclamation gave, ceafed on the arrival of Holluncl velfels back to their ports in Holland. `What ground thcn is there to think, that the Rg/ilu/ion, with her cargo, were deflined, after her arrival at Anylerdam, to pro- ceed to London, where both ihip and cargo, would have been lia- ble,after[l1er departure from Amjlerzlnm, not only to Brityb capture; but, as contended by the counfel for the captors, liable alfo to Duicl: capture, war prohibiting all commerce between the belli- gerent powers ; and not onl liable to Briri.r/J and Duteb capture ; bur, as the law of nations has been {lated by the couniel of the captors, liable alfo to Iireucla, Spanyli and Amu·£.·an capture ?

  • ‘ But the papers, it is faiil, of the E:_¢'in, prove that Mar-

“ /52: and lllzybu, who planned the voyage of the R¢lulion, ». ¢¤ alfo