The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-11-13
FOR THE ENQUIRER.
RELATIONS WITH ENGLAND.
No |,
IMrREssMENr OF sEAMEN.

1
Mr.. Madiion in his celebrated letter to Mr.
Monroe January 5th 1909 has placed this
que'tion upon Us true ground.
According TO fome ftatefmen, a neutral hot.
tom, public or private, has as executive iuric
d'et,on over ''feif on the high tas, as the coun.
! Try mas over the foil to which ihe belongs. She
hasa night to carry every fpecies of merchandise
, TO whatever port ihe pleafes. There is no con.
itrabdnd OF war. There is 10 right TO feizc anv
OF the goods which ihe contains, under the nlsa
! that 1T is enemy's properly. All that fhe or
that her nation is bound to do, is to behave TO
both ct the be!liseTents with the mott rigid i'm
,partiaHty.
| According to thefe ffatefmen, the war is rot
between the neutral and the btlgerent it does
not touch the relations Between them and the
neutral therefore enjoys the fame rights of free
navigation, as fhe pofielIed in time of peace.
Great Britain boqve1er does not admit the
h6erty Of the lea5 in all this extent neither
us 1t polite for Us TO prefs it, when 70 .nany
marItlme nations have relioouiihed it.
! Neither viii Great Britain deny, that if the
high feas are not completely free Tor all neutral
veiieis they are fIbect only to fuch reftrictious
as are impnied on them by the law of nations.
Ii HE denies this principle, fte might AS well A.
! hahdon all preteni'ois to law and jutice; aiIert
her right to . the dominion OF the feas'' as
Cohbett las recommended; and proclaim her
; tubJects to ne al horde of Pirates.
! 1t The admits it., we then require her 10 pro.
duce that authority under the law of nations,
which ianctions this pre;enlion. Where can fl,e
find it?
| The law of nations is found either in the
treaties formed between independent ftates; or
IN the mott enlightened treaties written on this
iubIett as VatteI, Martens, and Azuni. But
! neither or thsie recognize her prcteniion.
Inc only rettrittions upon neutral trade and
navigation, are, eontyabanl OF qvar, commerce
with a bioekaded port, and in iome cafes. ,u,.
n.y. PToper!y found on board the neutral vefIel.
Except theie, the law OF nations protects every
iPecics OF property; and every fpecies of bey/,u,
except folders defined TO AN enemy's coupf ~
who are IN tact couidered as eoufy,ubana of war
mere is not treatYiu the dsraeH or moi en-.
l'ghened ages of Europe nor Jingle common.
tator on the laws of nations, WAC has recognii.
ed the beiigerent's right to top neutral veitel
on the high ieds, to irarch her crew, and C:ize
iuch OF them as ihe may chooie to proic,ibe by
iome municipal law.
6 And furely it will not be pretended that
the fovereignty of any nation, extends in anv
Gale Whatever, bcyOua its ozpn donisions and
MS 07on VGB1L5 Oh tGs high /cn5. Such doctrine
would give juit alarm to all nations, and more
IMAM any thing would countenaGce the imprta.
t'on or aipiring 10 an unVcrial empire OF the
teaS. 1t would DC :he lefs adnifible too. as il
would be applicable TO times of peace. As wei,
as to times of war, and TO property as q eli az
to pertons. If the law of allegiance, which il 3,
"!HfetpNI law, be IN force at all the high fcas
on board foreign 'eiicla, it mutt be 70 at ali times
there as It Is within It's acknowledged fphere.
1t the reafon a!ledged for il be good in tire of
war, namely, that the fovereisn has then A rjpbt
to the iervice of all his fubjcts, it muh he good
at all times, becauie at all times he has ;bc fanr
right to their iervlce. War is not The onl,, oc-
Gallon tor which be may want their feryicss.
nor is external danger the only danger ayaina
which their fervIces may be required, for his
tecurity. Again If the authority of ,,,,,,,.;.
pal law can operate on perfons in foreicn v.c.
iels on the high ieas, becauie within the do min.
IONS OF their iovereign they would he fubirsl to
that lazy; and are violating that law by beiny in
that tituation, howreI eSt the inference that thr
authority or municipal law may equally be en-
| forced, on board foreign velIeis, on the bi1h
ieas, againt articles OF 5toberfy exported in viz.
lation of fuch a law, or belonging to the oun-
try from which it was exported aud ,bns ev..
! ry commercial regulation, in time of Uea-e too
as well AS OF war, would be uade obl;eatnry
| on foreigners and their vefIels, not ouly whi;G
within the dominion of the fovereicD r,akino
the regulation, but in every fea and at eve,v
| dtaRce where an armed Yeflel might meet voi,b
| them. Another inference delerves attention,
II the iubjects OF one fovcreign may be taken h,
force from the vefies of another, ON the biot
teas, the right of taking them when found. inn.
plies the right of fearching for them, vex1tior
OF commerce, Especially in the time of peace
which has not yet been attempted, aud which
tor that as well asother reafons, may be regard
ed as contraditling the principle from which 4
would flow"
But let US take rapid view of all the claim
OF Great-Britan in relation to our feafncn
whether on The bigb JraS, or in our boyf5.
Great-Briiain claims the right of rrelain,;y,
three claiies of (eamen:
/. Her own BaiiUe. born fubieets.
2. Tbofe who have deierted her bottoms. af
ter they have arfieied themfelves to lerye !,
her yefiels; and
s. Fugitiyes from jA7ice.
The only jpa BATS of an accommodation b.
tween us, mutt be, that as the rights of the ,yy,
committee are equal, the obligations NUT be r,c,
lPtoeai. This principle flows from the very idrso
me (oVeJeignif ofdRate. Ills equally good wit
refPeet to the little Republic of MsrIno. AT,
The great Empire Of France. And furely oeiibt
our intetetts nor feelings will permit us to depsr
from It IN any negotiation witA Great Britain.
| ] The BrldIh tupport lhedudrne, that " eyC
tublett IS oi1oaJJ fubie6 :" that Britr
fubjeet owes perpetual allegiance TO hi, rsti,