The enquirer. [volume] (Richmond, Va.) 1804-1815, 1806-02-08
TO the Senate eftse Omitted States,

rious to the rights and interefts of the u. S.
Ihefe, with my mef1age to both Houfes of the
18th ina. and the documents accompanying it,
fulh' the deiires of the Senate, as far as can be
done by any information i'm my potleliion which
Is authentic and not publicly known.
80 TIL: JEFFERSON.
REPORT.
TIE Secretary ofStafe, to evbon TIE P,e6den, bas
been plcajei TO reter tie retaliation Of the Sc
nate, dated on TIE loib inR. 6.ss tie bon0ur TO
,xdks BE .tollosviag
REPORT
The mot important Of the principles inter-
pO!ated into the law of nations, is that whic h
appears to be maintained BY the BritiGh govern
ment and its prize courts, that trade open to
Deutrals by nation at war, on account of the
war, is unlawful.
The principle has been relaxed, from time to
time, by orders, allowing, favours to neutrals,
Particular branches of trade, difallowed by the
general principle; which orders have alto, in
ipme inftances, extended the notifications of
the principle beyond ifs avowed import.
In like manner, the lat of thefe orders, bear
ing date the gath of June, 1903, has incorpo-
rated with the relaxation, collateral principle,
winch Is itieit an Interpolation, namely, that Il
the circumstances of her having on the outward
voyage, conveyed contraband articles to an e.
neiny>s port. How far a like penalty attached
by the fame order to the circumstance of a pre-
Sioas communication with b!ockaded port,
would iikewife be an Interpolation, may de-
pend upon the contribution, under which that
part OF the order has been, or is to be carried
fHto exeeutiuD.
The general principle frit above ftatcd, as
anOlIed tn e
ported into neutral countries from hottie colo
mes, or vice verfa, by confidcring the re-expor-
ramon IN many cafes, rs a continuation of the
a original voyage forms another interpolation,
Geepy affecting the trade of neutrals For a
tliier view of this and fonne other intcrpolati-
ons, reference may be had to the documents
communicated with the mefage 10 Congreis of
the 18th inf.
The Britili, principle, which makes a Motif
cation to foreign governments of All intended
block lde, equivalent to the notice required by
the law OF nations, before the penalty can bt.
IncurreN; and that which fubeSts to capture
Veiiels arriving at port, in the interval between
a removal and return of the blockading force,
are other Important deyiations from the code
of public law.
Another upia filiable meafirre is the mode of
fearch praSfiied by Britifh fhips, which inltead
OF remaining Mt a proper diftance from the YET.
isl To DC iearche;i. and Tending their own boat
with few men for tie pnrpofe, compel the
yehel to fepd her Iapers in her own boat, and
totnetimes with great danger from the conditi-
on of the boat, and The fate of the weather.
TO thefe infances, without adverting TO o.
Tiers of an inferior or LET'S definite character, in
the practice of Great-Btitain, mutt be added the
aiiumed right 10 imprt:ts perfons from Ameri-
can yefiels, failing under the American flag on
the high ieas. An explanation of this practice
will be found in the extract from the intru6ti-
ons to Mr., Monroe, communicated with the
me1age of the PRECEDENT above referred to.
Among the interpretations introduced by the
French government, is decree, dated June,
1905 ls Prairial, Is year importing that eve
ry privateer of which two-thirds oil the crew
fhoud not be natives of England, or fnbie6ts of
power the enemy of France, fllalI be contider-
ed as pirates.
Another is evidenced by the refult of an ap-
Plication made by the deputy conini of the u.
S. at Cadiz, through the French conful to adj
IHiral Vilieneuve, for the liberation of fome fea-
men OF the u. S. who were on hoard the French
feet under his command. The anfwer of the
admiral, dated 90 Aug. lat, IL Fru6tidor, Is
year, rates, that y decilion of his imperial
and royal majehy provides, that every foJeign-
er found on board the veliels of war or of com
merce of the enemy, is to be treated as pri-
foner of war, and can have right to the pro-
lection of the diplomatic and commercial agents
of his ration"
Osher unjnttifiable innovations on the law of
nations, are exernphhed in the decree Of gene
raj Fsrcand, lately paifed at the city of Saint
Domingo, a traptlation of which is annexed.
The irrepuiT mode Of fearch above dsfcribed
is alto Practiied by the cruizers of France and
Spain.
The cruizers Of the two latter powers have
Narrated the commerce of tie U. S. in various
other forms, bit as IL is not known or believed
that their conduct has been prefcribed or CaBc-
tioned by the public authority OF their refpec-
tive nations, they are rot conlidered as falling
within the purvew Of the refoution of the Sc.
nate.
All which is respectfully fubmitted.
JAMES MADISON.
Dfpaytment efStafe, 5sa. 25, 1906.
DECREE