Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1805-11-16

Il, sanasd from the Deity himself, and is that
rule OF conduit which Earthquakes between
right and wrong. which was implanted IN the
5rt s. of man by eternal uncreased wisdori. and
which has been confirmed By the experience of
ages. Whatever therefore is right, is, COMMON
i.Aw--whs,ever is wrong Is not coxNos Law.
That country whose citizens are not under the
dominion Of the common law, must be wretched
IN the exueme
The learned in maritime law givs the same or
nearly the same definitions of;heircode. How
ever. we6nd in the case Of the ship in question,
that what was maritime law four, six. or fifty
years ago, is not law under the anne oiTcum-
stances in 1905. -se-z -
Astle legislative power is the sovereign pow.
CT, we naturally come TO enquire hew the law
came 10 be Changed; because the change OF law
must necessarily be an aa Of the sovereign pow.
er, real or usurped, wherever il appears
The quesiion Their occurs---is there any legiti-
! mate sovereignty of the OCEAN Independent ma
tions, whenever unshackled and unawed by dam
ger, have uniformly denied the existence of any
sovereignty on the ocean, which has been peril
renhy and properly called the common road or
highway OF al nations. An IDEA naturally con-
neslsi;ssif wisil this metaphor, hat he vino com.
| Mrs depreciation on this common highway. is
nc bstter than The robber who goes upon the
| highway on land, TO levy contributions on the
neaeeahls aad industrious traveller.
AdesiIe 20 understand snblsa. which appears
70 be :: la'egai cause ol>,he present. aud cf many
fcr'nsr wars. induced Us 70 tngys some attention
% 49, We shA.ienSeSvor 10 giyesuch sketch
OF tn= naval contests. which etner took place in
r:squence OF the assumption Of mis- agrla;sc
sovereignty. or with aninteriion 10 snatch itfroin
those by whom ii has been assumed. Shon,d this
isubjetl no, branch out 200 much FOX newspaper
essay, we may perhaps gave some comparative
/ viewsEot the principles Of MATING tactics, as
| Prattised u vanous epochls, to so ne OF which
we tierred some time since in analysing the ac
coun: Of The ia'e naval rencontre, which appear.
ed IN an English -p,per. Al present we shall
| not enqrire into he principles Of naval tactics.
non the size and structure ofships, but CT che po
iiFicai transactions involved in The various con.
tests fer an absolute dominion ON the ocean.
! The English writers carry up The history oil
their navy to The days Of the heptarchy, & proud
ly display the success of Osa monarch of Mercis
N his Charlemagne The establishment, of ma
| Val power by Alfred the great is dwelt on will,
compiaoency that cannot be TOO much applaud
ed, because il had It's fourdation in the virtuous
spirit of freedom which nsred the British arm "a
repel invading foes and 70 preserve their nation.
ii independence. Alfred's feet is represented
as amounting to 100 sail Thos. CT Edgar enc
| OF his successors amounted to 36oo-the largest
OF these vessels however carried no more than SO
! men. 1 his is the first oeihemonarrhs of Britain
whom we find claiming the sovereignty Of the o.
cean, and assuming the following vain glorious
uue-'' Edgar emperor andlord of all the kings
ofthe ocean q all the majors which surround tn
And as an ingenious writer remarks, as "lhe
triumphs ofpride always outrs geous, this so.
yereign OF the ocean caused eigh, tributary kings
TO row him in barge.
The iIruptions Of the Danes snasched tho so.
vereignty OF the ocean from It's usurpers, who
we've Obliged TO pay the gnominious tribute cal.
led Danegcld. esT,,e theinvader and conquer.
or oil Britain aspired 10 the vain glor;ous inso-
ienee, OF not barely ruling on the ocean, bur of
torhiddng i's waters to encroach with their tides
(which nevertheless had the presumption to
disobey.
The successors of Canutc appear not TO have
initiated him. Harold is the next who appears
70 have collected considerable feet but ano.
Their invader, William of Normandy, possessed
himself of the pretepsion 70 the sovereignty Of
the ocean with the absolute sovereignty of Eng.
land. His successors, until the period OF the
crusades, paid little attention to naval affairs
Richard carried on one expedition $50 sail.
king John was the next who appears 70 have
aimed al the sovereignty, BY this pusiIlanimou.
tyrant, IT was ordained, that all foreign, vessels
| should salTe the English ships upon pain ofcon
nnement and eopora chashsement. And This
ordinance contained these txtraerdinatv clause
--"Any ships or vessels laden or sailing ON the
seas't that VIII not lower or AXE aown their Aaes
at the command Of the kings lieutenant. or of
the admiral OF the king, or his lientenan,. I'M,
night against any ofmy feet such if ,hev be "a.
ken shan be rcputed as enemies, and their sbins
vessels aud goods, seized ard oon6scatea as he
goocs OF enemies aiihougl,he masters or own.
ers should afterwards come and aledge the sa;d
sn'Ps,or vessels and goods TO belong to our lord
le King; and that the hands on board he cbas
ised by imprisonment, a. discretion. Tor their te.
oellious condud." IL was 10 maintain tI,;s cove
ietgnty thai the five born (now called C;oo,.
poIts) were established w,o had certain ;,n,,,,.
ni'ies Tor supplying 81 sal of vessels for Tie
KING service The ports were Hastings. Ron,
Eey Hihe, Dover. and SIndwich, ali oonos;,e
ne French coast, and onihDse points where inva-
sion would be most TO beapprehended b,eanse
most convenient for the Invader.
EDWARD 4. re. asserted the same au,ho,;,,, H.,
ne appears % have limited I to the Enyl;sb seas
the words OF the ordinance ave" esueciallv 70
setain and maintain the sovereignty which ,hs
sings or England exclusively possessed. on ,he
SAID seas, With regard TO tn. declarat;op a,,srd.
ine't' ana Interpretation as the laws bv ,her,
MADE Tor the government f all manner az re-
sons passing through the sad seas"
AS We mean 10 condHu, This subiea ,ye shait
here otter few remarks The case oC ,he t.ssv
I capt ofne' and the other ,efoYe mentioned. an
pears 20 nave been determined BY the con1,,a,
law o. Edward /. For as ant;oli,v l. sl,,,a,,s
gooa ionnas'ion for slesa principle. il is nor 10
I T TErNH