The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-10-30
europe
ssom rae tossos MORNING easos,sls.
S,rrIs1acss WITH AMrRicA.

pen hotlites yee as the point may be, future pc
fods. sgita,ed oay with America but with other
nations, it 10 OF great importance have full and
ditinS view, of The suction and of the principles
which apply to it. This is the more neeeiary, as the
l,ue(iion is, in for,c nieaiure, We have di-
re4 authority among the nott eminent writers the
law OF nations. This perhaps I.s be regretted
than fon,e may imagine. With reipea TO the ablra3
right, their authority might have been valuable. But
our Ituaton with regard to tho ocean is 10 angular
that il impoiesu duties and eitabbes relations
and conf auentiy the opinions OF early writers TO
the point of policy, would have much weight
der circumstances which they could have had in
their contemplation. They would only have iersed
TO n,ifead that numerous and molly herd who for
applying old and narrow maxims in all cafes; and
whole heads are mpenetrabe by the variation of times
and circusftances.-The few ob!rrvations which arc
here fubn,ed your confederation may, perhaps, be
uieu thole who have turned their attention to
the lubie: and they fhoud be OF no other bench,
thole who have examined it, they will at eait at
Ford them additional reaon to be fatiSied with their
own information.
There are two points here to be conGdcred :-lG,
whether nation whole feamen have gone 20
other nation, has right TO have them reitored: And
Sd, in what ought the right, fuppong 1t UNI
Suenonab,e under all the circumstances, to be en-
forced On the one point there will be pretty ge-
neral concurrence the other, opinions VIII be
widely different
IL may be proper here obferve, that in queNion
Of right whether it relates fea land, every ma
ton muIt be conidered footing OF pereet tqua-
lily. 1t would be idle waite time words on thoie
who contend for executive rights for us from the Cir
cumtances Of dominion over the iea--that is, our
hyperion power that element, The doctrine would
20 to ellablith fyiiem of complete deipotifm, both
su the internal concern, of particular Rates, and be-
tween different nations. Power and right ideas ef
fentially diRinf and thole who conicund them,
never arrive at jut conciuions Nations and ipdvi-
duas have often acted, and do af as if, according to
the anerton Of Hobbies, power were right, At lead
the foundation Of righbut neither the actions Of
nor the aGertion OF Hobbies, alter the nature of
,he things
The queRion of abfraa righ, then, lies in a very
narrow compass. Natural ,iice is the fame between
individuals. Ifmy neigh5Or has got poneilion of my
property my fervans, for their erviers are I'M
Quetorably my property Tor whatever time may
have engaged them, have right by the law Of
nature, frh TO demand reitsu,ion and next
force itlf refufed The fame thing holds with regard
TO nations for they have rig ht to the ervices of
their own rlbieas' Cicero has fad, that man has
right to remain in a iociery or leave it give up
his priviledges as he may chuf, and recons this
Of the Grmeif foundations of liberty. Grotus, Puff
fendorf and Vattel, have adopted the fame opinion
with one limitation. But however this may be there
eau be no eueion that the tc las right the fer
vices of it's fubj-tfs long as they continue iuch--
and the neceiiary the iervces Of any particular
clas may be its nierets and preervaton, the
imperative muit be the motive to PUT this right into
Eris execeton. The ablraa right therefore, TO
haze our own feanien reitored TO u.s. admits of no
dfpute.
Blu, iull right may be excercfed in very wrosg
manners and the is here the chief confederate
on. If any of my neghbor's family, fervants,
ihould, without his knowledge, connivance, have
taken my property, have right 10 the fri in
fance to take him by the throat before have explain
ed the nature of my claim and allowed him to e1a-
mine into merits. have right TO full reparation
but he has right to be allowed make tEat re
paration in manner leaf ofenfve to him and lcaft
preudieal his intereR. In doing ry(elf jnfice,
have no right to do injufice to another. II a nicr
chants fervants fiould feze upon and conceal my
property in fome Of his wareholes; if my fervants
IoulJ conceal thsmlelves there, have right in the
Ert infance, break OPP, ;!is.s .arehoutes, and
rnmnage them, till after have represented the cafe
20 him, and demanded reaitutionif he refuies then
my right to break open By force and fearch them
commences. not iooner. Upon the fame grounds, if
our eamen go any other nation we have un-
Objectionable rghto have ,hemback; but are bound
IN the proeeution of that right have recourie, in
the iirt nlance, the leaf offenfive circuni-
RANGES can admit Of We have right, in the firm
intiancs, TO ,he {hips of that nation by force
neither nave we right immediately to commence a.
ny holtili;ie:. The government, the head aud
PREVENTATIVE of the :oeie,y ought fr be applied
TO- that it may have the opportunity of doing uf-
tee, ia tie leaf offenfve and prrudical tn
ifelf. II IL refuies MAKE the proper PREPARATION,
then and tt then, we have right uie violence
This Is tfe couris which ihond reafolably expe4
he purified towards ourfelves, and it is therefore
,ha eourle which ought to purlne with refpe6 to
others.
But ir may be obi stsd thar this doctrine would 20
- over;urn right OF ieareh in every ntance. If
we have right to fearch, iii order fop oonrs baDd
goods, a4d hsrt the commerce and reiourees Of
our enemies, have nor a much clearer right to
fearch for our own fsan,enI Thofc who rcalon in
this have looked but !uperfcaliy into the lub
lea We have uneueljonable right TO iulnre the
commerce of our eue,ues, and to prevent neuttals
from afording them afiitance How isthisto be e1-
ereiied ?--From the Of the thing, neutral go
cannot have iueh controul their ubjeels
asto prevent the violation OF this right. No manner
them OF enforcing it rensns except that Of learching
49,
7tis 4OYifer oa1rs zvJat Is reS5ey mhycLfror
ran it be granted in argument in 9paijcd fo,sT Tx
bje67s Of Jeme SssnzrsbiG Hlct6s yi7ia5 oJIInA
hnt5 he TIE esyfi Of RlfTa f5e IftiednI in Br BcR.
JdicI, eic Of property IN 1pJic5 ID. iadivdoi bos
Perional rights IN sfLer govvznsais, E,s5 os fBr
u. S. tie iadpidual yiebf, il he fn,aopSi yigBt, and
be SoU0nzeaf saaacf siicasie tits iaJiOidni ,igJf.
Wbaf eovrySwcaf eBe U. s. cannot Do 7eib i5t ei.
sen, JaSeiy Jo,een gove,@wsaf eoaoof ofrQLfGg 7oI
enc 4csm bgj rsiibry H0fWaDs evi jb, tsi7oa
Trks on Bs ef5r Edi~-J tie bri7ei5As AZ CieeyS,
G,otiu, Pg9t7do,Bsa and Tcn.ihr,Jsi2 Hsn ht prieiih
@Patoaoi vsiition in he doier efeosaf,yo, olcgie.,
goeS at o7ee to Put ont the B,iGJ,o~ a4:miag as ggLo