The enquirer. [volume] (Richmond, Va.) 1804-1815, 1804-11-14

has been iuggeited: the queftiou, whether the
American merchants had right to carry on tbs
trade, provided they did not take up arms in its
defence, and whether if they had been captured
in the proiecution of this trade, thcy had not a
right 10 appeal to their own government for the
fullct decentralization Thoft who fnpport
the affirmative tide Of this queition, aiIert that
every trade to foreign countries is legal, if it be
compatible with the ftpuIatcd relations of the
two countries, until 1t has been forbidden by the
government of the country, from which it is
carried on: thar no proclamation having been
fined by the Preiidcnt of the u. States, to pro-
hibit this trade with st Domingo, it NUT IT'LL be
coniidcrcd by our merchants as comp.eatly az
thorifed and fan6toned by the government,
which had thus aiiumcd to itfelf the protection
OF their commerce aud the Naturalization of
their violated rights: that this indemnity mutt
either be paid out ofits own ,'eafnry, or It mutt
be fecured by negotiation and convention with
France; & fome of the advocates of this opinion
even advanced otheaIertion, that this indemnity
wouldbe really due from France. becaui:t tad
notformaIly announced tothe us therebelious
conduit ofitG colony, * had not thus furnifhed
that government VIII an adequate reaion for the
iGuing os rs proclamation. Thoie W 40 advocate
the contrary opinion begin with obierving, that
no iiha5i. ant of country has any relations
with another country, which his own govern
rlent has not already prefcI'ibsd him; tha. he
cannot be in fate of peace or Of war with it,
until his own government mas already adopted
the fame fate tha. the American government
not having recognized By treatys the rebelous
fovereignty of 81. Domingo mut Fill coniider
that inand as colony OF France; that the CO.
vernon general of Gaudaloupe having proclaim
ed the rebe.lious condition OF that iiand TO all
the world, had thus prohibited the American
merchant from maintaining commercial in
tercoutfc With it; that this trade had thus been
rendered contraband in the fame manner as
trade which is attempted to be maintained with
a blockaded port, and that the merchant who
loft his vefIel in attempting to enter one of its
ports, had no greater Claim TO indemnity from
his own government, than the merchant whole
veiIel attempts to enter a blockaded port, not
withdrawing a formal proclamation had not
been ifflcd by the Preiident.
1t is probable however that no cafe of this
kind will be agitated on the prefent location, as
if is probable, that all the vehels which were
defined 20 any of the rebcllious ports of ST.
Domingo, had taken up arms in their own de-
fence. II is to prevent this unauthorized pro-
ceeding, that the PRECEDENT invites the attention
of congrers and this will no douht fern, :::o-
tier fubie0 for their attentive inveGigation.
On that fubjett which has 20 long and 70
deeply intereited the public mind, little light is
ifCu NY inc pTSlSHt COMMUNICATION. he niue
Of our negotiations with Spain, and the terms
which have been mutually propofed by the two
nations, are not clearly illuttrated. It would
appear, however, that the difficulty OF adjuting
our differences, and the points OF negotiation
were more numerous, than moit OF our poIitci
ans had anticipated. Beiides the negotiation
for that tract of country, which hes between the
Miiliihppi and the Perdido rivers, il would ap-
pear that Spain had SCI urged objections againft
the validity of our title 20 Louiiana - but thefe
iays the PRECEDENT, "have been withdrawn
! 1t appears to be the opinion of MIR. Jeferfon,
hat the refufal of Spain to ratify the indemnify
i ing convention of 1909, had arifen not 70 much
; from the claims which we have advanced tothe
Land on the z. ofthe Miihiiippi, az 20 fufpici-
on on the part of Spain that ttefe claims were
1t once to be enforced without 4 previous diff
cuflion. The PRECEDENT expreiies ahope, thatthey
wouldreturn to the fame difpoEtions & views
of the whole fubiecf which originally dictated
the Conpenfioa," but he exprefles no opinion as
to the refuit of his negotiation about the boun-
! daries of Louifiana. 1t is however probable that
the negotiation has moi yet bseninterrupted and.
+ that MIR. Pinckney has not yet left the Court of
Madrid. -Congrefs will no doubt fympatbiie
with the nation, in their anxiety about he re-
iult; but they muf wait until the affair has PAT.
fed through the executive department., before
they can exercife their constitutional priviledees.
Before this topic can become the object Of their
deliberation, they mufS paufe, untilit comes be-
fore them through the proper organ of exterior
relations.
The plans OF the executive relative TO the war
with 1ripoli have received no additional iliuftra-
ton. The PRECEDENT INDUCES fome hopes of
its favorable termination from the fufferings
which 1t will bring upon them, but he does not
touch upon the expedientS which he means to
employ. We are neither informed of the ma
ture the terms, which Commodore Preble
has already propoied, nor of the preciic plans
which the American fquadron has been direct
ed to puriue. 1t is probable that congrefs will
wait the catastrophe of the prefent fytem be-
| fore IT will again re!ume the elaboration of this
! fnbjc6t. The fuggefion Of the Prefdent may
IN the mean time induce them to organize a.
mOng the officers of the feet, or to obtain in
Naples or fome of the contiguous fates, new
courts of admiralty for the adjudication of all
iuch prizes, as cannot encounter a voyage acrofs
| the Tea.
What are the regulations advanced by the
Bey OF Tunis and whether the dilconteut which
he feels from rejection ofthem be likely to ter
inmate IN war are it left open for the eluci
dation of the executive.
| No mention is made of the apprehension
| which have been lately made Of the pacific tenn
| per of the Emperor of Morocco. AT prcient
the fame " intercoufe" with him preAals which
is efabliihed by treaty.
| The PRECEDENT next turns his intention upon
the American territory and the 6rR object
4 tyhirh he hriuoo h,fore cOrnrer, A. -.