The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-07-14

diaing the principle, from which il would
Row.
Taking reafon and infl;ce Cor he ,ea- ofth's
practice, Il IS peculiarly ip"e enlib.e bccauis
dePrives sk: 9rsrefri right of regu:ar .'IGi,
To which the NOR ioconiijeratir article ofpro-
perty captured on the high fcas, is entitled
and leaves their tlrhiry 10 thc will Of an officer,
iometines cruel, Often ignorant, and generally
lnterefed by his want &C rnarirers, in his own
decihons. Whenever property funrd in men,
tga' vsiiel, is inppoied TO be liable, on any
grounds TO capture and condemnation, the rule
IN all cafes 10 that the Queftion hall not he Je.
cided by the captor, but he carried before Ie-
gal tribunal, where regular trial may be had,
and where the captor hiIuE.lf is liable to DANA
yes, for An abuie of HE power. Can il be rea-
fonable than, or juf, that bel,igerent comnnan-
der, who ~ thus reGritted and thus refponfibie
IN cafe OF mere property of trivial amount,
mould be permitted, without recurring to any
tribunal whatever, to examine the crew of a
neutral veffci, TO decide the important oncft,rn
OF their respective allegiances, and to carry th,e
dec,hon into infant execution, by fovcing every
individual he MAY chuie, intoA f.rvice abhosent
to his feelings, cutting hin, of from his NOR
tender connections, expecting his mind and his
perton to the mott humiliating difcipline, and
his lire it.clf to the c:ea.eit dangers? Rlafor.
juiticc and humanity unite in projecting Sgaiua
10 extravagant proceeding. And what is tho,
pretext for it II is that the fimiiari,y o. Ian
guagc and OF features between American citi-
zens and Brtilh fubjeets, are fach as not easily
to be t'nguilhed and that without this ar
bItrary and fummary authority to make the tiif.
tincion, Britih fubieGas would etcapc, under
the name of American citizens, from, the duty
which they owe to their lovereign. Is then the
difficulty of diitingniihing mariner Of one
country from the mariner of the other, and
the Importance of his fervices, a good plea for
referring the 1ueflon whether he Belongs to the
one or to the other, to an arbitrary decition on
the tpot, by an ntereited and unrcfponGbIe Off
Ger In all other cafes, the difficulty ard the
Importance ofqueilions are coniideredas reafons
Tor requiring greater care and formality in in
yeitigatng them, and greater Cscurity for a
right decifon on them To fay that precau-
tons fthis fort are incompatible with the OBJ
ject is to admit the ehje6 is urjJafiabe Guce
the only means by which it can be purified are
fuch as cannot be fulfilled.
The evil takes deeper die, when viewed i'm
its practice as we'll as its principles. Were it
allowable that Britilh fubieets lhould be taken
out OF American vehels on the high fras, il
might at lcait be required that the proof of their
allegiance ihonld lie on the Britilh iide. This
obvious and juft rule is, however, reverted C
every teaman on board, though going from an
nag, and iGmetimes even fpeaking an diom
proving him not to be a Britiih ilhjctt, is pre-
tuned to be futh, unlefs ibewn to be an Anne
rican citizen, 1t may fafely be affirmed that
th'' is an outrage and an indignity which has
no precedent, and which Great Britain would
be among the lat nations in the world to flf-
Ter, if offered TO her own inbieas, and her own
flag. Nor is it always againn the right prefunp-
ton alone, which is in favor Of the citizenfbip
corresponding with the flag, that the violence
10 committed. Not unfrsquent'y it takes place
IN defiance of the mon poitise proof, certified
IN due form by an American officer. Let il
not be faid, that in granting to American fea-
men this protection for their rights as fuch, the
point Is yielded, that the troof lies on the A.
me1Ican hde, and that the wa" of it in the
preicrIbed Form jutifes the inference tina. the
ieamen IS not OF American allegiance. II is
dltinctly 10 be underltood, that the certificate
uiually called protection TO American ieameu,
IS not meant to protect them Under their o4vn,
or fUen any other neutral flag on the high
teas. We cannot never admit, that in
iuch iltuation, any other protection is
required for them, than The neutral far fElf
on the high feas. The document is given TO
prove their real character, in litnatons to which
neither the Law Of nations, nor the law of their
own country, are applicable; in other words,
TO protect them, within the juriditlion of the
Britiih laws, and to fecure tc them, within e.
very erjuridietion, the rights and immuni-
ties due to them. IF, in the courfe of their ua
VACATION even on the high fras, the document
mould have the effett of repeIIing wrongs of a.
ny fort, 1t is an incidental advantage only, of
which they avail themfelves, and is by no means
to be miiconftrued into a right to exact fuch
proof. or tn make any Disadvantage cuts infer.
ence from the want of it,
Were it even admitted, that certificates for
protection might be jutIy required in time of
war, from American feamen, they could only
be required in ca.es where the Iapfe of time
from IT'S commencement, had given an oppor-
tpnity for the American fsamen to provide
thenie'yes with iuch document Yet il is
CERTAIN, that in variety of ahances feamen
have been imprehed from American yeiIeIs, ON
the plea that they had not this proof of citizen.
hip, when the dates and places of the mpreT.
ments demonitrated the impofiibility of their
knowing in time to provide the proof, that
Rate of war had rendered, it nectf FAIRY
Whether, therefore, we coniult the law of
NATIONS, the tenor OF treaties, or the dictates of
reaion and Jnhice, no qvaYrnaf, no bretexf ran
| be fsa"a for the BrifjN bra3iee IF ,uakiag i'm.
lPrz40'eHtt fom Ameriea1 7,s1cb on the big6
JeaI.
Great Britain has the lefs to FAY in excufe fer
this practice as it is in drec contradiction to the
principles, on which fhe proceeds in other
cafes. Whilf fho claims and fcizes on the high
fea', her own fubjeSts, voluntarily ferving in
American geileIS, ihe has contanty given, when
The could give, as reafon for not djfcharging
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