Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1802-05-25

I! teTtatlol on TIC NtSutS VI ~ ~utiaiitJt III
which CON n.rcial men are more deeply
iatsrefsi, we fhall extraa few pafages,
| which will at once evin:e the ability,
AMI the folai, liberal and truly 44msricau
| principles, which Characterize this work.
| A work, which with coadderaole learn
ing and ingenuity, defenis the principle
70 lon, aaersed by the Northern Powers
| of Elfope, againa the gi4rping claims Of
Great Britain thar "free fhips lhould
make free goods" In page r95, Mr.. w.
contcads -
/" In regard to fixtures on the ocean,
an important qleltion is to be difcui]el.
| 1.-THE principle was jla, that bellige-
rent nations have a righl to feize their
| enemy's goods, wherever they 6nl them,
on I'll, territories of either of the parties,
yet il is agreed By all writers and all men,
that the parties have no right to enter on
the territories Of peuter party, to faek
the goods Of their enemy. This is ad-
nitted 70 be true on laad, with an excep-
tion however of al extrcm. cafe, where
an enemy cannon be attacked without Vi
olating neutral ground, as in the cafe of
fort liruated on the verge OF an enemy's
country, adjoining the limits of friend
ly territory. See Vattel. B. 5. Oh. 7,
Sec. 40, I3z. Baslemaque, part 4,
Ch. 7 and 8. Lily. IS, II.
But this principle has never been ex-
tended TO give the owners of neutral fhips
on the high teas, or thar fovereigns, com
pete excluGye.jurifdittion oyer them, in as
amplemanner as they polfefs the right and
iurilditfion over honies and lands. Yet
venture to affirm that no good realop ex-
Its for the ditintfion.
It's incident to the very nature of pro-
perfy or ownsrfhip, thar the owner has
power over the properly, and a right to
exercife it in evolution Of every other per-
ION. Iii equally incident to the very
nature of sovereignty, that she fupreme au.
thority Of the fovereignis to be exerciled,
in exeludon of every other perion or pow
er. On thefe principles, the territories OF
neutraIs are held facred ia time of war, and
no belligerent can itep his foot on them,
without permiaion OF the fovereign, or
infringing the rights of loyereignry. To |
luppoiea qualified right in nations at war.
TO occupy neutral ground, upon preflng |
occaGons, is TO admit pfeteniions incom-
patible with foyereignty, and open door
for every fpecies ofa5uie. lcannot, thre,
fore, aaent to the exception above men,
toned, that a helligcrent, may, on, any
location, lawfully enter on the territory
of neutral, without permillion from the
fovereign. Cafes of this kind occur, and
are fometiIues overlooked, for the fake of
peace but they are to be conGdered as
infrastions of the JUS puoIicun !; not as pre-
ceden.s authorizing fuch trefpaGes.
Equally con.lutive are tie arguments I
in favor Of the executive jurifdiaion Of
neutrals over their own fhiPs on the feas.
II is admitted, Oh all hands, that the ocean
is the common highway OF mankind and |
that no narion can appropriate II to their |
own ufe excludveiy. The only right TO
a particular aud executive jariidction on
the ocean ufuaily admitted, as within fuch |
li,nits along the flores Of a country, as to
enable the fovereign of the country to pro-
rea his fubje6ts from injury and invaion.
BY ufage and content of nations, the wa
tiers within maritime league of the ihore,
are held to be within the executive jurif
diaion of the fovereign OF the country.
$ But there is another cafe in which a
temporary executive jurifdittion over
part OF the ocean, may be
lawfully exercifed. This is the cafe of a i
flip, which, while on the high feas, bears /
with it a complete ownerlhip and jurifdic-
t:op ouer the ,,lara ~ oeci,ojce The 0w l