Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1806-02-05

- "a
( !nentatorSson that SUBJECT.
The law of naslos,s, as derived from
mere usage or practice during those peril
I DDS, Is evidenced tor the most part by ee
sparte ordinances, issued BY b-lligerentg p-
vernments in the midst ct the Passions or
policy of war and, by judicial decisions,
also es barte, aud biased more or less by
! the ,samc causes, ii not by the INTEREST also,
which weighty individuals, or perhaps DO
dies of INDIVIDUALS have, in widening me
! field ii predatory wealth.,
! Treaues are formed under very different
circumstances. those OF peace imply that
! The hostile Passions aud pursuits have spent
their force, & that anuiuat spirit otiibefai'
ity&aceommoeation have taken their place
| Treaties of commerce again arcaSeessa-
rily founded IN principles OF reciprocal JUS
| tice and interest, wholly az variance with
the violent s2irissof war wnist indae ne
gociasion of treaties OF both kinds the re-
sncctive efforts and interests OF the parties
form those mutual checks, reqdlre tnase
n,utaal concessions, and involve tilose mu-
tual appeals 20 moral standard OF right,
which are most likely to make ooth parles
eonvetge 70 a just and reasonable eonclu-
sion. Nor is sense OF character without
IT'S effect on such occasions. Nations you'd
NOT stipulatein the face OF the world things
which each of them would separately do,
in pursuit of IFS selfish object.
Il will accordingly b. found, as might
be expected that the vioieet and cruel
max;ms of war, those siiA remaining, as
well rs these from time TO time exploded,
have had their origin and their continuance
in the separate usages OF bclligsrens ma
,ions. NOT in treaties; whilst On the other
hand il will be found that the reformation
of those abuses has been the gradual work
of treaties that the spirit OF treaties is,
/ with few if any exceptions at all times more
lust. more rational and more benevolent,
than the spirit OF the law derived from
practice only; aud consequently, that all
farther deliberations OF the code of public
law, are TO be expected from the toraer,
not the latter source and consequently, a.
gain, that all enlightened friends to the
happiness of nations ought to favor the In
Hueuce of treaties on the great code~by
which their intercourse is to be regulated.
The authority of every treaty IS to be
considered as opposed TO the principle as.
serted by Great Britain, where it either
stipulates general freedom OF neutral
commerce with specification Of exceP.
tons to il, and au omission of this British
exception; or where it STIMULATES not only
a neutral right generally to free trade
| with belligerent nations, bat particularly a
right to trade freely to.am between The ports
of snch nations. These stipulations, by
the force Of the terms, necessarily COM
prehend the coasting and colonial trades,
as well as other branches OF commerce.
1t would be waste Of time 10 bestcw it
on the treaties of a remote period, partak-
ing too lille Of the civilization and spirit
OF more modern times, to edlfv Them by
It's examples. It viii be sufficient TO COM
mence this review with the treaty of West
phalia in 164S. which forms an important
epoch in the commercial ndpollticsl his
tory. of Europe, and to remark as the re-
suit Of some enqniry into ahtecedent trea-
ties, that Iasy contain nothing which can
give the leaSt COuotehatiSC lottiC I'FihS 'AS
under examination.
1t viii be sufficient also to limit the re.
view Of treaties, where Great Britain was
not party, 10 these Of most Importance,
either for the teaor OF the stipulations, or
for the particalar parties To them, with
] marginal references TO Others OF analogous
rapport; reraarking again generally, 1has
these Others are all, either nega'iveiy2or
positively, authorities against Great Bri-
tain.
AS a more convenient distribution also,
the first review will stop with the epoch CT
the armed neutrality. The relation, which
the treaties subsequent to ,hat.evens have
to the subject, will be noticed by itself.