The enquirer. [volume] (Richmond, Va.) 1804-1815, 1806-02-15

EEI'"9F ~ |e1!FJ from fbf secretary of State to
James Monroe, sig. dated5tb January, so4,
reiatiq'e to impre/Ja7eatJ.
We confider neutral flag, on the high fras.
as a fate guard to thofe failing under it. Great
Britain, on the contrary, aierts right to fearch
FOR, and ieze her own fuhietts; and under that
cover, AS cannot but happen, are often feized
and taken of, citizens of the u. S. and citizens
or fubjetfs OF other neutral countries, naviyat
ing the high feas, under the protection of the
American flag.
Were the right Of Great BRITAIN in this cafe
not denied, the abufes flowing from it would
juhify the U. S. in claiming and expecting DIFF
continuance OF its exeiciie. But the right is
denied, and on the bef grounds.
Although G,eai Britain has not yet adopted,
| III the fame latitude with mott other nations.
| the lmnunities Of a neutral flag, fi,e will not
deny the generalfreedem Ct the high feas, and
OF neutral vetles navigating them, with flch
exceptions only as arc npixed to il blythe law
| OF nations. She mcR produce then fuch an ex-
ceptIon IN the law of nations, N favor of the
| right ihe contends for. Ba: in what written and
| received authority viii ihe find it? In what
ufage except her own, will it be found She
will lind In both, that neutral veiiei does not
protect certain objects de dominated contraband
| OF war, including enemits fervine in the war,
nor articles goirg into hlockadcd port, nor,
is The has maintained, and as we have not con-
teited, enemy's property cf any kind But nc
where will The find an exception 10 this freedom
OF the feas, ard of nenira Bags, which iuitifies
the taking away OF any perion, not an enemy.
IN military fervce, found en- bosrd ne utrai vef.
fel.
Iftreaties. Briti1l as wellae others, are to be
coniulted on this fnhjeSt, If will equally ap.
pear, that no countenancs to the practice can
be found in them. Whift they admit con.
traband OF war, by commenting its articles, and
the effect of a real blockade by defining it, in no
inisance do they affirm or imply a right in any
fovereign to enforce his claims to the allegiance
of bis fubjecis, on board neutral vefIels on the
high ieas. On the contrary, whenever bel
ligerent claim againt perfons on board neutral
vehe, is referred to in treaties, enemies in mill
tary fervice alone are excepted from the general
Immunity of perfoDs in that lituaton and this
exception confirms the immunity of thofe who
are not included in it.
1t is not then from the law or the ufaee of
nations, nor from the tenor Of treaties. that any
fanction can be derived for the practice in ouef.
ton. And fHrely it will not be pretended that
the foverelgnty of any nation extends, i'm any
cafe whatever, beyond its own dominions, and
its own veiicls on the high feas. Such a doc
trine would give juf claim to all nations, and
H'oiS tUdh dtly tni0S WOui0 COunten1nce the
impntation of afpiring to an univerfai empire OF
the feaS. 1t would be the lefs admffibie too,
! as it would be applicable to times of peace, as
well as to times of war, and 10 property AS well
as to perfons. If the law of allegiance, which
is municipal law, be in force at all on the high
ieas, on board foreign yefIels, it mutt be 70 at
all times there rs 1t is within its acknowledged
lphere. 1t the reafon alleged for IL be good in
:i'!!e OF ."aT, namely, that the foverign has then
right to the fervice of all his fubiecs, il muft
he good at all times becaufe at all times, he has
the fame right to their fervice. War is not the
only occafion for which he may want their fer
vices, nor Is external danger the only danger
sgainf which their ferrices may be required for
his fecurity. Again; ifthe authority of mu-
nioipal law can operate on perfons in foreign
vcifeis on the high feas, becaufe within the do
minion Of their fovcreign they would be fubie6t
to that law, and are violating that law by being
in that iituatioD, how reied the inference that
the authority of municipal law may equally be
enforced, on board foreign vefIeIs, on the high
Teas, againft articles Of property exported in
violation of foch law, or belonging to the
country from which it was exported? And
thus every commercial regulation, in time OF
peace too, as well as Of war, would be made OBJ
lgatory on foreigners and their veffeis, not on
~ whit within the dominion Of the fovereisp
making the regulation, but in every fea, and at
every dRaDce where an armed vefIcl might meet
with them. Another isfcieuce deferves a,tcn-
ton. IT tbs iuHeSls of one fovereisn may be