Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1806-02-13

cIasiY II time O. peace, swHisu pao - =
been attempted, and which Tor that as
i well as other reasons, may De. egarded a.
con1radicting the prinapte tom wi,lch AZ
!, would flow.
laking reason and justice for the tests
! of this practice, it is pecutlarly lndetensi.
j Bile; because it deprlyes NE dearest rights
los persons of regular trlal,rto which tpe
most uconsiderabie articts ofProPef.y cap
! tured on tke high seas, IS enntied; aSd
leaves their destiny 10 the wall OF an otilcer'
sometimes cruel, often ignorant, aud gene.
rally isterestedby his wantof mariners, IN
his own decisions. Whenever properly
iound 10 nentralvessel. is supposed 20
be liable on any grounds to capture aud
condemnation, the rule in all cases IS taai
the cue stion shall not be decided oy the
cap,or, but be. carried. before legal ,rlbu,
nal where a regular trial may be had, and
where the caplor himself is liable to da.
magss, for an abuse of his power. Can 1t
be reasoDable..hen, or Jast, thata beil!ge-
rent commanders who is thus restricted, g
thns responsible ia case OF mere property
Of trivial amount, should be permitted
without recurring TO any tribunal whatever,
70 examine the crew of neutral vessel, 70
decide the Important question OF their re-
spective alleeiances, and to carry that de-
cisiea into immediate execution, bvtorc.
inc every,individual he may choose, into a
service abhorrent 10 his feelings, cutting
hin of from his most tender connections,
exposing his mind and has person TO the
most humillating discipline, ard his life
itself to the greatest dangers? Reason,
Justice and humanity unite in protesting
against so extravaganr proceeding. a cd
what is the psetext ioris! Ii is that the
similarity of language and OF features be-
tween Americ . citlz rs and British sub
Iects are such as not easily to be distln-
gushed and that without this arbitrary
and summary authority to make the dis.
rincsion, British subjects would escape,
undsr the name of american citizens, from
the duty which they owe TO their sovereign.
Is then the difficulty of distinguishing a
mariner Of one country from the mariner
of the ether, and the Importance Of his
services, good plea for referring the
question whether ho belongs co the one or
70 the other, to an arbitrary decision on
Y the spot by an interested and unresponsi-.
Die Officer? In all other cases, the difficult
ty and the importance of questions are
considered as reasons for requiring greater
care and Formally il investigating hem
and greater security for aright decision en-
them. To saw that precautions of this
sort are incompatible with the object, is TO
admit tia, the objest is unjus%ihable; since
the only means by which it canbe pursued
are such as cannot be Justified.
The evi! takes deeper die when view
ed in its practice as well as its principles.
Were it allowable that British sub iects
should be taken out of American vessels
on the high seas, il might at least be re-
CURED that The proof of their allegiance
should lie ON the British side. This obvi.
Gus and just rule is, however, reversed !;
and every seaman On board, though going
from AN American port and sailing under
,he American Tag, and sometimes even
speaking an idlom proving himsnot to be a
British subject, is presumed TO be such,
unless proved to be an American citizen
Ii may safely be affirmed thar This is an
outrage and indigol,y which has no prece.
dent, and which Great Britain would be
,mong the last nations in the world 10 sui
fer, il offered to her own subjects and her
avn Gag. Nor is it always against the
right presumption alone, which is IN ia.
vor of the citizenship corresponding with
the flag, that the violence is committed -
Not unireo2sn,iy il takes place in deGanes
of the most positive proof, certified in due
form by an American officer. Les it not
be said, thas.in granting to American sea-
menah;s protecton:for their rights as such,
the point is vie ded, that the proof lies 90
the American side, and that the want of it
in the prescribed form justices the infer
euce that the seaman is not Of American
III L. \