Open main menu

Page:United States Reports, Volume 2.djvu/41

This page needs to be proofread.


Frzmtxsi. Courrr or Arrests. ·· jg· . Gongrefs alked, whether they meant to proteé} from capture, :782. a neutral {hip loaded with provilion, and dellined for Harb and var`) _ Glauryler, when belieged b the armies of the United Starr: and France, no one could pollibly doubt what their anfwcr would· be. The plain and obvious conflrutiiion of the ordinance is.- that while ncu¤·al vellels obferve the rights of neutrality, they {hall not be interrupted by American captures : Congrefs meant to pay a regard to the rigbtr, and not to the violations of neu- trali•··. . Brit, it is objeéted, “ that in this cafe, if the Brig has viola- ted the rights of neutrality, it is betiaufe the intended a viola- tion of the capitulatiou of Daminim; that the capitulation Ddminim can·only be conlidcred as a local law, of which there can be no breach, until the oifendingyfhip comes within the. civil jnrifdiélion of the illand; that the Brig was captured be- fore the arrival within the jurifdiélion of Dominica; and that- therefore {he was captured, before there was any violation of the rights of neutrality." . If nothing could he objeded againll the Brig, but an inten-. tional violation of the- capitulation, abltraétedly from the con- fequences, with regard to the war between Great Britain, France, and the United Stam, pollibly fuch reafoning might be conclu- live :` But we are of opinion, that the Brig has done more than a mere intentional otliznce, with regard to the capitulation. The fubjeéts of a neutral nation, cannot, cenliltendy with. neutrality, combine with .Brit_% fubjeéls, to wrells out= of the hands of the United State: and of 1·i··tmce, the advantages they have acquired over Great Britain by the rights of war ;for, this would be taking a decided part with the enemy. · On the conqueil of Daminim a capitulation tool: place, and- lry that capitulation, a commercial intercotnrfe between Great Britain and that llland was prohibited : The objeél: was to weak- cn the power of Great Britain, by leliening her naval and com- mercial rcfources. But what has been the condu€t of the Brig and the Lnpcrial fulrjeéls her owners ? Kendrr }l*Iq/in, a Bray}-. fubjcél, ellcablilhes a plan at Q,/hm}, by which the commerce of Grmt Britain with Damiuim is to he kept up and preferved, thro' the intervention of that port. On this plan Liebret, Brqr, - D.zrdim· E5' Ca. Lnprrinl fuhjeéis, purcltafe at Lanslau the Brig Eijivrn: Kewdvr Iljrwll puts on board a cargo of Brilyb mer- chandize, the property of Brityb l`ubje&s : The Brig clears out l`romL:n.·ku,ollcntibly for (Qplvml, and there arrives: Lie!·¢t·t,Bmr, Dm·dim· if Ca. fuppiy her with faife and colourable papers, al`-- fume upon thcmfelves the ownerihip of the cargo, and drels it up in the garb of neutrality, to fcreen it from detention and cap-! ture: The Brig then clears out for Daurizrim, and lhils for than llland with the cargo lh: ;cok on hoard at La1::!:·rr. . - » li 2. Can.