The enquirer. [volume] (Richmond, Va.) 1804-1815, 1804-06-13

he had fixed the iurifdi pn of Great Britain to
marine league from The ihore. The law of
nations had not then aicertained the oreeiJe diJ-
tanes, but all the writers, and Vattell particu-
larry, had eitab,iihed that a neutral country
ought to extend its jurifdittion over the fea to
the utmoit extent of its protection, and as far as
might be necefiary for the fafety of its trade.
The treaties We have formed with France, Hol-
land, Pruiiia, and Sweden, give thofe powers
right to our protection ae0r our ccafts--a RIA
fonable diitance mutt be allowed, otherwife the
treaty would be violated, and if the act of con-
erefs impugns the treaty by an UNREASONABLE
proximity, it would be void, rs repugnant to
the compact. In this cafe the corvette was an
cbored as near the fhore as ihe could lie with
fafety, Zone witnefs fays within one n,ile) and
as The had pilot on board, ihe mutt be conf
dered rs ipfS faucibus portus-.he pilots have
declared that it is common for inward bound
veliels to anchor without the bar, and are there
conhdered within our juriidittion-fhe was in
dlitrefs, not coming to cruiie, but feeking an
afylum and protection from the perils of the fea
within the arms of the United States.-Vattell
lays 1t down that under fuch circumstances
hip has, by the law of nations, a right
to enter even againft the will of .belli-
gerent advene party fortiori has as
friend, ftrong claim to the protection of neu-
trail power. AT announcement of the lait
war, an interecting correspondence took place
between the government of the United States
and the French government on this fubjett; the
former wiihed to evade afcertaining our jurif-
dittion, but being called on by the latter, after
obierving that, from the popularity of our
ihores, and the ihoalnefs of our COATS, we were
entitled to claim the broadef pebT6ie margin of
lea along the COATS yet, until commune
cation with other powers, the Prefdent would,
| Tor the prefent, claim no further than marine
league That was evidently provifonal ar
rangement, confined to the laft war. Soon af-
ter, the act of Congrefs in queftion pafIed, and
partook OF the cautious fpirit of the times-it
was temporary act, though iince continued ; in
leXpoundmg 1t reference ought to be had to the
preceding obiervations-it fays " The Diftri6t
Court hall cognizance of cafes arifing with
| in a marine league of the COATS or Rorey. 1t
does not confnc aud limit the Diftriet Court
to fuch cafes alone the Difri6f Court of Penn
iylvania had refuicd to take cognizance of cafes
manifeftly arifing within jurifdi6tion, refer
ring them to the Executive, where the bellige-
rents were alone concerned. The act of 'e4
compels them to act where our territory is vo-
lated within marine league, but leaves the
queiton where it was before, as to all diftances
beyond that, to be decided by the law and ufage
OF nations, having reference always to the pecu-
liar htuation and policy of our country. Ad-
MIR. 5. commended, that by the terms of it our
jurifdiction clearly embraced the place of cap
ture-the act fayS, "coafts or fllores"-What
is meant by the term COATS? Not merely the vi
hole part of the land, but that part ALTO which
is covered by water to a certain diftance from
| the fhore the whole together, comprehending
the land out of water and the fhoals, contributes
the coaft.-In Comyn's Dgeft, it is faid /" main
land, or eoaRs thereof, ont oftbe body Of any
country :" here COATS mutt mean fomething be-
tond the land or Isore, otherwife it could not be
out or the body of country. In common parl-
ance, coat means fomething other than land not
covered by water-hiheres on the coat, iflands
on the coat, wrecks on the coat, &c.-the
diftance ought then to be computed from the
| ihoals on the bar, and not from Sullivan's II
land. 1t had been proved that line drawn
| from the Eaftern extremity of long Ifland, pa
| raliel to the 1hore, would run without the bar
if:the difance is to be ftri6tly reckoned from
tthe land, ihafinuch as the ad does not mention
the land neareft the place of capture, then this
coaff ought to be deemed the line of fea coat,
and marine league computed from thence !;
the fhoals of the bar are in fact flnken CONT
nuation of the coat if the act be Ambiguous,
the court is bound TO conftrue it benefc;ally for
toe United States. MIR. S. concluded with refer
ring to the popularity of our bar and harbour,
the dangers to which II would be expofed by a
contrary contribution of the act, and the fatal
consequences of inviting the crlIiers of the be-
gerent powers to take their ftation off our bar,
which would endanger our commerce, make
our port the focus of difcord, enft the pafIions
and intereits of our fellow-citzens, and deftroy
that harmony and tranquility which now 70 hap
PLY fubGt.
Several witnefies were called by Mr.. SMITH,
and among them Mr.. Purcell the furveyor he
fwore that he had been long employed, in con-
junction with Mr.. DE BRAHAM, to furvey the
COATS of Florida, &c.-that all geographers and
furveyors of fea COATS always underftood by
eoaR, the .h5oab along the land--that in Florida
thete fhoals extended to the dfance Of twenty
miles from the land, and were within the terri
! torial jurifdiction. Captain OAKFoRD had
been many years at fea, and he never before
! heard it doubted that coat included the ihoals
he coniidered every thing as coat where fhip
might be ftranded. WILLIAMS, one of the pi-
lots, alto faid that he conidered the coat to ex-
tend fome miles from the land. MIR. PURCELL
being aased by the Judge, from whence he
! would compute marine league, replied, from
the outermot fhoal of the bar.
| MIR. GALLEARD followed MIR. SMITH, agree
ing with him that the government had wifely
left the queftion open, and the jurifdiction I'M
! defined. He argued, that the doctrine laid
down by writers, refpecting CANTON ihot, as in
terpreted by the other fide, was abfurd, for, in
fact, cannon ihot at the dftance of marine
leaplIe was Intellectual IN rrot eg nothiuo rooye