The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-08-25
IBER UNI MAR s.

outrage committed by Whitby AT New York, which
is at remarkable for its beraty and Intelligence.
! he mfsrable emilIares of Britain in this country,
dared not avow fentiments 70 candid and correct as
we thus find even in London print there is fcarce-
ly principle LAID down in this article, that has not
been dputei in this, our neu,ra! and highly n,ereR.
ed country.
The rights OF trade are in this article well defined
and in luch way this country demands In one
particular only, there appears or deficiency
mention IS made OF main jca in ooIe ienie, and
leaves room, conjecture, that the writer made an
exception for the feas, St. Georges channel
Ii ought always be underood, thar the claims of
Britain this point not aliowed--nations make
no determination between the Atlantic aud St.
Georges channel they contend what may be eNer-
cited may ALTO be performed on the other,
without mobilization. The que0ion of jurildiesioa o.
yer fuch feas, the Britih narrow iettled
leal by general content The Portnguee at one
time claimed executive juri!d aion over the Indian
cean and the navigation OF the Baltic and Adratie
has given rife repeated but there has been
no alent the claim of any nation, to eon,roui a
greater Of Tea from the COAT, than could be
paled by cannon ihot fred from thore. The re-
marks in the fevsnth paragraph, indeed, define the
jurildifop, beyond which is unlawful to exerciie
hotiltes, bat occafion ought always TO be taken TO
deny the claim Of bc!gersnt to greater extent On
its COATS.
We have here Engli9h authority, too, for laying
that the administration of Pitt was dittinguihed by
arbitrary and defpotic neaures wards Heu,rals-the
men now in po,ver are the underings of that mini
Ter, and perlue the very fame dslpoc fyftem that
he did.
We recommend this article TO particular attent-
on--iu(iice could not have been expected, when
Whi,by had at his command the oaths OF men, who
pu, l,,le valee on them, and who all indirectly
implicated with him. 1.-THE teilinony of our witneh-
.s could have had effect, the comniion of the out
rage within our juriidieon would have been eitab-
G.hed. AH'sra.
ExTGAcT.
The unfortunate affair of the death of FIEacE, by
hot fred from the Leardsr, has excited much at
tention, not only in America, but anaonga the
trail nations in Europe We have fone cauie to be-
Geve tina, rvas 7uiibon. fme difficulty and great
edareS that general remembrance Of all tie neutral
porvf,s BIs b.en frey-nei IL is with regret, that
our .,ed regard YrRtb aud nafOna! bonO, rsqn,ei
rs eoasuy in tbi5 opinion.
The whole queflion turns upon the Jingle point
whether il done in the main lea or IN the wa
ters of the United States !
BY the principles of the law OF nations, the main
Tea is conlidered as common all nations-that all
have the right of uninterrupted tran, and none any
right of property or do siiuion. The Libsrnu Mare
is fundamental principle in the public law OF En-
rope.
The rsa is thereby confdered as wide road an
extended path and the freedom of rani, part and
mott ehensiai part, of the genera! liberty Of ma
tons.
1. has hence become guetion how far the right
OF fearch with regard neutral veiels, is founded
npon the irietnefs of this law. Let US not be iup
pofed as the willing advocates OF new opinions, ii We
alert, that can baVe pebis oaxdationthat it Isl
OH the other hand d,ef voiafisn Of neutral right
Our ma. films peyio,.y, however, gave it enforced
;4trolui,n and the nation, Of Europe bted TO 7obat
t5ey es net preveat they acknowledged it, at leaf
tacitly acknowledged it, as branch OF the general
law, and gave us credit tor the dieoyery Ii was
doubrIes more confong TO the pride to obey gene
raj and therefore mutual law, than to fubn,it to
force Hence the introduction of the right of feareh,
ID. inf Infringement Of fbe fundamental p'inpleI eOm-
s7e,eial E6erty--the LibfrHm Mare.
But in what manner foever introduced this right
is now eaablifhed and the practical public law is
founded almoH as much in uiage as in neutral right
70 has tbs original innoVafioa become now TX agrst
E,a7isasd iato legitimate !afv. IL has become law
Of compaa, if not of right, and fueh zUW BE
4Se upon By any nation zUbie5 aU fnd 10 its adVan-
.a1s. With regard TO u.s. it has been adopted the
BATS of neutral roAt and is adhered TO, and will
continue be adhered to, with fcsrcey les tenacty
than our navigation ad.
But though the main feas as we have faid above
are confidered as the common right Of all, and the
property or dominion of none, this liberty and
monage is confined TO the main jca5. In municipal
regulations, with regard TO navigable rivers, the
GysIm is public property, the water on the isweaate
<{s Of 6s bank is the property, at leaf 10 far as 1t
does not interfere with the public commonage, or
right Of traSEt, of the proprietor of the bank; if
tree poR, tifhery exit within 10 many feet OF the
bank, it belongs to him.
The fame limitation with regard TO tho Liberu0r
Mare c&iGs among nations. The eogfs and 40lte,5 Of
t5s eo5f: the feenilT zUa'Hrs-the property and
1szsiaisn, of tbs naoa zsbitb tie e0aFf. Thus
Spain prohibits all Giips from approaching within a
certain ditance of her bays rivers and her COATS
the American main, and feizss coutraband and
Tnuggfers all velfels which trangrgls theie limits
Thus the mot contemplate o. all nations, Portugal,
i, ftill more defpotic with regard the Brazil' -
The len upon 81, eoaf and in tie bIy59Ty is invariably
oelao7uledged to be TIE property and dominion
sTfLe nation. Nohing more is claimed or allowed to
other nations but neigJboriy re and t,ayft.
Here is the point of the Prelenr queaion--Tt is
Altered upon the American fee, that the American
vsi was in the waters Of the United States, was
entering the harbor Of New. York, when the hot was
fred from the Lsander, aud PEecE was killed.
II this be true, it was mott uDdoubied and mott
unjunifable violation oineutral rights, and the Off
Ger lhould he brought to anfWer for his conduct
IL is further Altered, that the Leander and Cam
brian ~ ere Ratoned OF the harbor of NJ York, for
the purpole Of blockade.
IL this be true, it IS an equal violation Of the ref
pett due 70 neutral powers, a belligerent has m
sspJd yigbfis islrssBfbe gbs Of biz emmy but in 70
doing be bas ,ig5! bar,aJ Gnerfsai PO7sv5e 60'
10 ,ibf TO beek up dbULor and commit acts Of
hoai;y upon the veiIe5 OF his enemy, in neutral
waters.