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

lVyE VAlWlTTT.
RIG II NJ O " ID, l1tb Ju.r.
ALL IMpREssMESTs UNLAWFUL AND mad
MISSILE.
IN important and h1ninouy communication on
THE (itbisd oftbe imbre3;nent o. A1eriear and
Foreign Jeanen and Other perlony.
1t has become manifef to every attentive OBJ.
ierver, that the carly and continued aysreflions
OF Great Britain on our perfons, our property,
and our rights, imperioully demand firm
tand--an efet,usl, though calm fyftem of mea
fures of arreaation. For this purpofe, it is our
dutyto make ourfeves completely ma9ers of
the great truths and arguments by which our
rights have been eiucidated, fupported and
maintained.
On the 18th of January, 1906, the Prehdent
OF the United States communicated to Congrefs
an extract from difpatch of james Madfou,
Efq. eur iecretary of fate, to James Monroe,
Etq. our miniiter in London, which contains
many facts highly impor'a ant, and obfervatioas
and arguments perfectly satisfactory and con-
ciutive againft impregineat5 of fearnen and
Patfrngers, whether Foreign or American, on
board of our vefels" The republication of
that document at this criis will at once difplay
tome of the reafons on which the government
has probably declined TO fanetion the recent
draught of "A treaty with Great Britain, and
will elucidate the ground on which the quefi.
on of the inprePment Of perjonJ, both native and
alien, has been retsd oy our administration.
Ex.roa Of a let.tr from tie Secretary of State
10 JanIe5 Moa. 0e, En-. dated str ..fanMary,
1904.
We conhder neutral flag, on the high feas,
as fafeguard to thoie failing under it. Great
Britain, on the contrary, aflerts right to fearch
TOR, and ieize her own fubjeds and rider
that cover, as cannot but happen, are often
tei2ed and taken off, citizens of the United
States, and citizens or fuhjetts of other neu-
trail countries, navigating the high feas, under
the protection ofthe American flag.
Were the right of Great Britain, in this cafe,
not denied, the abuies flowing from it, would
ljuitify the Ugited States in claiming and ex-
petting dtcontinuancc of its exercife. But
the right is denied, and on the belt grounds.
Although Great Britain has not vet adopted,
| IN the fame latitude with moft other nations,
the immunites of a neutral flag. ihe will not
deny the general freedom of the high feas, and
of neutral veiieIs navigating them, with fuch
| exceptions only as are annexed to it by the law
| of nations. She mutt produce then fuch an
exception in the law of nations, in favor of the
right fhe contends for. But in what written
and received authority Will he find it ? in what
uiase except her own, will 1t be found She
VIII md IN both, that neutral veiiel does not
protect certain Objects denominated contrahand
of war, including enemies ferving in the war,
nor articles goilig into bIockaded port, nor as
The has maintained, and as we have not contef.
ed, enemies property of any kind. But no
where will ihc find an exception to this free.
dom OF the ieas, and of neutral flags, which
Juttfes the taking away of any perfon, not an
enemy in military /erTies, found on board neu-
trail veiIei.
If treaties, Britifh as well as others. are 10
be committed on this fsbjeci, it will equally al.
pear, that no continuance 10 the practice can
be found IN them. Whit they admit con.
traband of war, by ennmetating it's articles, and
the effect of real blockade by defining il, in
no ig90nee do they affirm or imply ,igbt in ans
lovereign TO nforee biJ ciain5 10 tic eLe9iaue Of
biI JatjeS5, on 6oarG neutral UegslJ on the bigb
JeaS. On the contrary, whenever beiIigerent
claim againa perfons on board neutral vefTeI
is referred to in treaties; enemies I'm military fer
vice alone aie excepted from the general iinmn.
nifty of Perions in that ttuation and this ex.
ceptcn confirms the immunity of thofe who
are rot included in it.
| III is not tnen from the law or the Uiaye oil
nations, nor from the tenor of the treaties, thai
any ianetion can be derived for the practice il
queftion. And furely il will not be pretended
that The fovereignty of any nation, extends in
any cafe whatever, beyoaa its 67vn d9niinioui
and IFS oq0n 4'l6EiJ on tbe higb Ieaj. Such
doctrine would give iuit alarm to all nations
and more than any thing would countenancs
the imputation of alpiring TO an unverfal EN-
pre of the feas. 1t would be the lefs adniIi.
bic too, as it would be applicable 10 times o.
peace, as well as TO times Of war, and TO pro
perty as we'll as to perions! If the law of allie
glance, which is municipal law, be in force a
all on the high leas, on board foreign venels, il
NUT be 10 at all times there, as it is within III
acknowledged fphere. If the reafon alledgec
for it be good in time Of war, namely, that tht
fovereign has then right to the feryice of al
his fubjeds, it NUT be good at all times, be
caufe at all times he has the fame right TO thei
iervice. War ia not the only ccaiion for which
he may want their iervices, nor is external dan
ger the only danger againt which their feryice
may be required, for his fecurity. Again I
the authority of mVBicipai law can operat,
on perfUns in foreign yeiiels on the high feas
becaufe within the dominion of their foyereigr
they would be iubjett to that law, and are VIC
lating that law by being In that fituatoD, how
rejeet the inference that the authority Of a mn
Hieip0I law may equally be enforced, on boar,
foreign vehels, the high feas, sgainit article
OF property exported in violation Of fucha law
or belonging to the country from which it wa
exported5 and thus every commercial reguIa
ton, in time Of peace too, as we'll as of war
ynttlI k. v,aI. ,,I,