Page:United States Reports, Volume 2.djvu/18

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and to send them back again, and to make remittances to them while in England.”

This article by no means proves, that no remittances were to be made of proceeds on sales in a neutral country; tho’ the children might have had remittances in that train of intercourse, yet the mode might have been thought too circuitous and dilatory. A remittance in a direct line was more eligible. Besides, remittances on sales abroad could only be in money or bills; but by this article there is no limitation of the species of remittance, and it may be in produce.

The capitulation must receive a liberal construction. It was the fabrick [sic] of a great, enlightened, General, and every part of the structure exhibits a liberality and grandeur of spirit, that does honor to human nature. It is said, that if the property of the capitulants is thus protected from capture, it is in a better situation than French, American or British property; it itis [sic] precisely in the situation of neutral property. It was far from being the wish of the capitulants to have had their property placed in such a predicament upon the terms it was done. They were reduced and obliged to submit to it by force of arms. But the situation of those people is mentioned as a happy one: If to be a conquered people, and inforced [sic] to all the contingent consequences of a conquest, be a pleasing condition, these people may then boast of their being in an happy one.

It is said the British crown must be benefited by this condition of their subjects.

The British crown may indeed be benefited in some degree; it was not meant to deprive Great Britain of every benefit; she draws some benefit from having a few remittances made from sales abroad, to a few of her subjects in England, owning estates in Dominica. But then to gain the advantage she yields up the the personal service of those subjects, for they are bound to observe a neutrality. But has Great Britain lost nothing by the conquest? Who possesses the Island of Dominica? Who possesses all the advantages and benefits of its trade? Who has obtained its commercial revenues?

It is true she is not at the expence [sic] of the government of that island. But it is true she has lost, Island, government and revenues. When the consignees disposed of the cargo, they became debtors for the monies received. The making of remittances in satisfaction of debts, although to subjects of a nation at war, is no violation of the duties of a citizen. Nor will the usage and practice of civilized nations forbid it. Tobacco shipped to France, with an avowed intent to remit the proceeds to England for the payment of debts, would not be prize on an American capture.

We come now to the fourth ground of argument, on which it