1782.
Congress asked, whether they meant to protect from capture, a neutral ship loaded with provision, and destined for York and Gloucester, when besieged by the armies of the United States and France, no one could possibly doubt what their answer would be. The plain and obvious construction of the ordinance is, that while neutral vessels observe the rights of neutrality, they shall not be interrupted by American captures: Congress meant to pay a regard to the rights, and not to the violations of neutrality.
But, it is objected, “that in this case, if the Brig has violated the rights of neutrality, it is because she intended a violation of the capitulation of Dominica; that the capitulation of Dominica can only be considered as a local law, of which there can be no breach, until the offending ship comes within the civil jurisdiction of the island; that the Brig was captured before the arrival within the jurisdiction of Dominica; and that therefore she was captured, before there was any violation of the rights of neutrality.”
If nothing could he objected against the Brig, but an intentional violation of the capitulation, abstractedly from the consequences, with regard to the war between Great Britain, France, and the United States, possibly such reasoning might be conclusive: But we are of opinion, that the Brig has done more than a mere intentional offence, with regard to the capitulation.
The subjects of a neutral nation, cannot, consistently with neutrality, combine with British subjects, to wrest out of the hands of the United States and of France, 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 conquest of Dominica a capitulation took place, and by that capitulation, a commercial intercourse between Great Britain and that Island was prohibited: The object was to weaken the power of Great Britain, by lessening her naval and commercial resources. But what has been the conduct of the Brig and the Imperial subjects her owners? Kender Mason, a British subject, establishes a plan at Ostend, by which the commerce of Great Britain with Dominica is to be kept up and preserved, thro' the intervention of that port. On this plan Liebert, Beas, Dardine & Co. Imperial subjects, purchase at London the Brig Erstern: Kender Mason puts on board a cargo of British merchandize, the property of British subjects: The Brig clears out from London, ostensibly for Ostend, and there arrives: Liebert, Beas, Dardine & Co. supply her with false and colourable papers, assume upon themselves the ownership of the cargo, and dress it up in the garb of neutrality, to screen it from detention and capture: The Brig then clears out for Dominica, and sails for that Island with the cargo she took on board at London.
