The gazette. [volume] (Portland, Me.) 1798-1799, 1798-05-28

its own limits in virtue of its ablolute
lovereignty, be communicated to avef-
fel navigating the high feas2
1t is fuppoled that it cannot be 70
communicated bccaufe the ocean be-
ing Common to allnations no abfolute
fovereignty can be acquired in it the
rights of all are equal, and mutt necef--
FAIRLY check, limit and refrain each
other. The hyperion right therefore Of
ablolute fovereignty to proted ali pro-
perty within its own territory, ceafes to
be hyperion when the property is no
longer within its own territory, and may
be encountered by the oppofng ack-
|nowledged right Of a belligerent power
to feize and conflcate the goods Of his
enemy. If the belligerent permits the
neutral to attempt, without hazard to
,himlelf, thus to ferve and aid his enc
my, yet he does not relinqui{h the right
Of defeating that attempt whenever it
hall be in his power to defeat it. Thus
i is admitted that an armed veael may
top and fearch at Tea neutral bottom,
and may take out goods, which ars
contraband of war, without giving caule
of offence, or being fuppofed in any de-
gree to infringe neutral rights. But
this practice could not be permitted
within the rivers, harbours or other
places of a neutral, where its fovereign-.
ty was complete. It follows then that
the full right of atfording protection to
all property whatever, within its own
territory, which is inherent in every
government, is not transferred to vel
Eel navigating the high feas. The right
of belligerent over the goods of his
enemy within his reach, is as compleat,
as his right over contraband Of. war,
and it feems petition not eafily to be
refuted, that lituation that will not
protect the one, will not protect the
other. A neutral bottom then does
not Of right, in cafes where no compa6t
exits protect from his enemy the goods
of belligerent power.
To this reaioning, the practice Of
nations has conformed, and the com
mon understanding Of mankind feems
to have aAented, Vattel, B. 2. Sect.
IFS, fays poGtively, "that effects be
longing to an enemy, found on board
a neutral flip are feizabIe by the rights
of war;
Vattel is believed to be Imported by
the mott approved writer's on the fame
fubjed. 1t is deemed unnecenary to
multiply citations to this point be-
caufe France herieIf is GuPpofed to have
decided it. In hermaritime ordonnance
Of the year I744, which is conGdered
as having been in force in 1878, enemy
goods in neutral bottoms, generally,
are declared liable to feizure and con
hfcation From the operation Of this
rule are excepted the vefels of Den
mark. and the United Provinces, to
whom ipecial treaties fecurcd the ex-
ception. In the ordonnance of the
18th Of July, 1878, the frl article Of
which is confdered as forbidding the
CRITTERS Of France to flop and bring
into port neutral veh1S, having on
board the goods Of an enemy, power
isrelerved to revoke the privilege grant
ed to neutral8 by that article, fthe enc
my ihould not grant the fame privilege
within fix months from the publication
Of that regulation. This clearly indi-
Gates a conviction that the exemption
from the capture Of the goods Of an
enemy which ihould be found on board
the vefel Of neutral power, not hav.