1753. ABSTRACT of the REPORT annexed. dutchy of Silefia, according to his en- With much confideration, SIR, B HOLLES NEWCASTLE. And by the report mentioned in, and annexed to this memorial, it appears, A That by the law of nations, when two powers are at war, all fhips are liable to be ftopt, and examined to whom they belong, and whether they are carrying contraband to the enemy. That the goods of an enemy on board the ship of a friend, may be taken. That contraband goods going to the enemy, tho' the property of a friend, may be taken as prize; because fupplying the enemy with what enables him better to carry on the war, is a departure from neutrality. That the established method of determination, whether the capture be, or be not, lawful prize, is by a regular judicial proceeding in the court of admiralty of that ftate to whom the captor belongs, judging by the law of nations. That the evidence must come from the papers on board, and oath of the mafter and principal officers. That if there be falfe or colourable papers; if the master or officers grossly prevaricate; if proper fhips papers are not on board; or if the mafter and crew cannot fay whether the belongs to a friend or enemy, the law of nations allows, according to the different degrees of fufpicion, arifing from the fault of the fhip taken, &c. cofts to be paid, or not received, by the claimant. That in every maritime country there is a fuperior court of review, to which there lies an appeal; and if no appeal is offered, it is an acknowledgment of the justice of the fentence. That of the eighteen fhips in the first Pruffian lift, four, if ever taken, were restored by the captors themselves, to the fatisfaction of the Pruffians, who have never complained in any court of justice here. One was restored by fentence, with full cofts and damages. Three were restored by fentence; with freight for fuch goods belonging to the enemy as were condemned. Four fhips were reftored by fentence; but the cargoes or part of them condemned as contraband, and are not now alledged to have been Pruffian property. Five fhips and cargoes were reftored by fentence; but the claimant fubjected to pay cofts, becaufe, from the shippapers, &c. there was ground to have condemned; and the restitution was decreed merely on the faith of affidavits afterwards allowed, 55 One fhip (the laft of the 18) was reftored upon an appeal; but, from the circumftances of the capture, without costs on either fide. That as to the lift of thirty-three neutral fhips, in whofe cargoes the subjects of Pruffia claim to have been interested, Two of them never came before a court of juftice in England, but (if taken) were reftored by the captors themselves, to the entire fatisfaction of the owners, In fixteen of them, the goods claime by the Pruffian fubjects appear to has been actually restored, by fentence, to the mafters of the fhips in which they were laden; and by the customs of the fea, the mafter is in the place of the lader. In fourteen of the cafes the Pruffian property was not verified by the fhips papers, or preparatory examinations, or the claimant's own affidavit, which he was allowed to make. The remaining caufe with refpe&t to part of the goods, was depending when the memorial and lift was delivered to the British secretary of state; and the goods have fince been restored by fentence. So confcious were the claimants, that the court of admiralty did right, there is not an appeal, in a fingle inftance, in the fecond lift, and but one in the firft. Yet the Pruffian king founds the juftice and propriety of his having reD courfe to reprisals because his fubjects have not hitherto been able to obtain any redress, either from the English tribunals, to whom they applied, or from the government, before whom they laid their complaints,"―The law of nations founded upon juftice, equity, and convenience, and the reafon of the thing, do not allow reprisals, except in cafe of violent injuries, directed or fupported by the state, and juftice abfolutely denied in re minime dubia, by all the tribunals, and afterwards by the prince. (Grotius, L. iii. c. 2. Se&.4, 5.) F When judges are left free, and give fentence according to their confcience, though it should be erroneous, that would be no ground for reprifals. Upon doubtful queftions, different men think and judge differently; and all a friend can defire, is, that juftice fhould be as impartially adminiftered to him, as it is to the fubjects of that prince, in whose courts the matter is tried. As to the Pruffian commiffion to exGamine thefe cafes, ex parte, upon new fuggeftions, the like was never attempted in any country of the world before. Prize, or not prize, must be determined by courts of admiralty belonging to the power whofe fubjects make the capture; and EMPLOYMENT. WILD BOAR S. · 56 [The Conclufion of the Report in our next.] An ingenious Piece is just published, intitled, The WHOLE DUTY of WOMAN. By a LADY. Written at the Defire of a noble LORD. Of this Work the following is a juft Character. I Tis compofed in the ftile and manner of the OEconomy of human Life, and contains concife, eafy and agreeable rules and inftructions for the conduct of the fair fex; fo that we fhould be very much wanting in our regard for them, if we did not recommend it to their perufal. It is calculated to preferve them from thofe fnares and temptations, that tend to plunge them in vice, folly, and mifery; and furnishes them with fuch amiable leffons of prudence, virtue, and agreeable behaviour in every station, as, if put in practice, will make their lives comfortable and happy. It is divided into feveral fections under proper heads; and for a fpecimen of the performance, we thall give our readers the following, EMPLOYMENT. From whom cometh evil, from whom poverty and dejection of fpirit? Idlenefs is the mother of mifchief; idlenefs is the parent of fhame and difeafe. B The flothful fpendeth the day in flumber, the waketh at noon, the drinketh E her cordial, and enquireth the time of the morning. She turneth again to fleep, and awaketh not till the dinner of the evening. She converteth the night into day, and keepeth the light of the fun hid from her eyes. Her houfe is a scene of riot and confufion, the hath eye-fervants. Her appetite faileth, and the phyfician is daily fet down at her door. Industry is up with the fun, the awaketh at the crowing of the cock, and walketh abroad to taste the fweetnefs of the morning. 1 Feb. Her appetite'is keen; her blood is pure and temperate, and her pulfe beateth even. Her houfe is elegant, her handmaids are the daughters of neatnefs, and plenty fmileth at her table. She faunters not; neither Atretcheth herfelf out on the conch of indolence. She crieth not, what have I to do? but the work of her hands is the thought of a moment. She lifteneth not to the goffip's tale, The fippeth not her tea in fcandal; but employment is the matter of her difcourfe. Her work is done at the evening, but the work of the flothful is put off till to-morrow. A DESCRIPTION of the WILD BOAR. HESE beafts fight with one another in December; and, when wounded, rub the afflicted part against trees, whence pitch diftils. The male never quits his mate whilft the is pregnant. Under thick buthes or coverts they prepare a place with mofs and leaves, where they bring forth 7, 8, 9 or 10 young ones at a litter; which are at first reddith with black and whitish ftreaks. At the approach of men, the female makes a fignal to her young, who hide themfelves tingly; and at another fignal, when the danger Dis over, they return to their dam, who fuckles them during fummer. In feeking their food, the young bears march in front; and do thus till the time of another litter, when the old ones drive them away. Their teeth grow to the length of 3 or 4 inches, and become curved. Their hair turns grey about the head and frout. These animals do great mifchief to fruits, fields, meadows, vineyards, &c. and their abode is in woods and forefts, where their darling food is acorns; but when fharp fet, they will prey on dead carcafes. Experienced hunt men know their fex, age and fize by the track. Their flesh is very delicate, and fome boars weigh 700lb. To cool themfelves they F wallow in puddles, and by rubbing against trees, mix fo much pitch with their hair as enables their hides to refift a ball, except it go in a right line. Sportsmen commonly aim at their head and breaft. Boars are very numerous in Denmark, Norway, Germany, &c. and the hunting them is a great diverfion among perfous of diftinction. The hunting time is in its glory in November, December, and January. Thefe creatures are either hot, or taken with toils and a spear. This chace is very dangerous; and many dogs, tho' in armour, are often killed. She is ruddy as the daughter of health: her ears are delighted with the mufick G of the thrill lark. Her garment fweepeth the dewdrop from the new fubble and the green grafs, and her path is by the murmuring of the purling blook. JOUR 57 1753. this be not the cafe: If our minifters be defiring them to concur in any measure, which is not neceffary for the prefervation of their own liberty and independency, I am fure, no member of this houfe, who A thinks fo, will confent to the granting of the fubfidy, unless he be fubfidized himself as well as the prince for whom the fubfidy is required. B D Now, Sir, with regard to the ject of this kingdom, much more of the greateft fubject of any foreign ftate I fhall therefore deliver my fentiments upon this fubject without any referve: If there be perfons in this houfe belonging to any of the princes of Germany, they ought not to be here; and if they are, they must take it for their pains; for their prefence will never, I hope, keep any member of this house fo much in awe, as to prevent that freedom of fpeech, which is allowed even by our own fovereign; and whatever fome gentlemen may think, it must be allowed, when duly confidered, that no debate of the kind now before us, can tend much to the honour of the princes of Germany: We defire nothing of the princes of Germany, nor of any prince in Europe, but to concur in fuch menfures as may be neceffary for preferving their own liberty and independency. On the other hand, what is defired by France? What does the fcatter her fubfidies for among the princes of Europe, but to get them to be inftrumental in forging their own chains? If this be truly the cafe, Sir, can it be for the honour of any prince of Germany, or of Europe, to fuppofe, that he will accept of a fubidy from France, unless we agree to grant him one? And if B W E H |