The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-11-20

protection to American fesren. Is not meant
20 proteef thon s,der their c7an or ezSa aEy O.
ft<r nextrai 4 ,e. On the high Cras. We cam
nor even admit. that in iuch iitua,on, any otter
protection is.,rGpired for them. than the neutral
Jfag itieif on the high ieas. The document is
given 10 prove their real character, in ftuatious
To which neither the tazv Of uasioas, nor the
Lasv Of their eoartry, ia applicable in other
words, TO prots6 & them. svitbin ice i,aij}iei;on
Of Tire Bri,ib iacvs and to fccure to them
within every iurifdiStion, the rights and immu-
mites due TO them. If in the cou,fc of their
navigation even on the high fsas, the document
faould havethe cffeta of repclling wrongs of
snv fort, 1T is an incidental Advantage only; of
which they avail tbcmI.lves."
But the Britih government. is certainly enti-
tied to dentand fome guarantee OF this kind
and fprofsl9ienJ are not fufcicnt for their pur-
pofe, what other fuhaiiusc can be adopteds
Some have proroied, that the Bri,,iii con.us in
our ports Mould have the right of examining
the CREW before it fails, and if he is f,tisfist
with its purity, to give it general certificate of
protection. But this plan would put it in the
power of a Britiih agent alone, to lay virtual
embargo upon each Of our vefes, until he
fhould be pleafed to acknowledge himfelf fatif
fled with their crews.
A much more eligible expedient is faid to
have been propofrd to the Briti0s government,
condition that they would abltain from the
imprefsments from our vefiels on the high feas !;
which is, that "proper age or ofiicers iia be
Appointed in every commercial port in each
country, before whom all complaints relative to
fesmeu ihall be heard and adjuled, and every
1eaman given up TO that nation to which he is
found to heloue."
The two nations mutt however ,gr0e upon
the principle, on which ,hefe adjudcations arc
70 be made. If when any feaman is brought
before thefe officers by = Britiii captain in an
American port, his articles are to form the
grounds of reclamation, the Britiih govern
meut, 70 far as it relates to that man, NUT a.
bandon the right Of alegisnce,-If his being
Britlih fubje6 is TO fuperiede every other claim,
then the American captain rnuf difmis him
from his vefcl, though he may be bound to him
blythe fevereft articles.
As to .flgifipet from iuRice, it would not
fcem extremely difficult to make fome arrange
nient that would be mutually fatisfattory to
both countries Bnt il is mon DIFFICULTY our
opty not to furreDder every fugitive from Bril-
ria, Juice, even thofe who are Z" charged with
murder and forgery"
Suppofe that Britfa captain fl,ouid 6rft vi
ciate the rights of al American feaman BY IN
unlawful impeachment. The feaman is author
lied by right of reEEance SO to break his chains
on the heads of his oppreIors." Suppofe that
IN the exercife Of this right he fileds the blood
OF Brtiih ieaman, and afterwards fees 10 the
juriidiciion of the u S. Shall we deliver him
up, oecaufe the Br;tifh claim him as a fugitive
from juttice Certainly not. The fate OF iona
than Robbins has at lead eRabiiHhed this princi-
pie IN the feelings of the people.
Thefe general principles of courfe comprehend
the Gale OF national vetie, with this additional
confirmation, that a national vel'tl repreients
the iovereenty of the Gate TO whom fne belongs
that the jurildietion of her country is as per.
iett on her own deci; on the foil itie,f and
that no nation has ever yet attempted to fearch
the public thips of another, for her own iesmcIi
or even for contraband goods.
HHtheie principles of courfe apply TO the
caie or the Chsiapease, and leave the infamy af
that tran.aetion withoutthe flighteit jufi6catiop
SO heinous indeed is its atrocty, that even the
Brtiih mHiftry, corrupt as it is, they who have
lately fo'en the Daniih Sect and now pretend to
blockade alGlot the whole of Europe with a
daih Of their pen," are faid TO have dijauozped
1t--Stili there are Brtiffl minions even among
ourteives, who attempt to trump up Tome rn:-
cradle icphifms for their vindi<ation. Thefe
Anflo-tederaifts pretend, that G. Britain had
right 10 ieIze her dcierters, whom we had
Previoufy retufcd TO iurrender.
But how could G. Britain have expected that
we ihonld have delivered up thoie feamen,
when even ne had prcviouny refnfed under the
,hme circumstances 10 deliver three of them at
leah 10 ourielves? Three of thefe men were.
deierters from 40 American veiIeI, and vet capt.
Soyntz had retuicd TO deliver them up.
And even IT they had not been in this lituati-
on, by what right could Che Claim them from
the u. s.. No nation is bound By fbe General
law ct nations, TO iurrender the deier,ers of ano-
ther country. This is an affair of fpecai Ri
ph'atton, between the two countries, and the
Brn'ih certainly knew that there was no treaty
between us. Nay the treaty itfelf which has
expired, dld not recognize this right; the 27ih
article OF that treaty extending only to thofe
PerionS who were g charged with murder or
'orgery." Neither could the B,itilh govern
Irent claim il rs mere coDccion Of courtefy ;
Tor With d very III grace indeed could they have
claimed faq'0nr from US, which they refufed
10 us in their own ports.
and even ii they bad pcfieG, d the right to
claim deserttrs, how could they lave uitd this
right in the Pfeient inilance? Some of thefe
ftamen were naiive-born citizens of the United
Stltes.-- Let the BritinI government be conliR-
cat in its pretendons. Either let them abandon
tar right of feiZlng their own G4kjsd5 on the
fe2, w1en they are found arfitled to an Ameri-
san venei; or let them abandon the right of re-
Claiming an American citizen, betaAye he has ar
tic led bunielf to one of their velieis
What iben reiuts from theie enquiries II is
this:
That we ought never to fubmit to the fearch
ct orr veilels on the high feas, for the feaman
OF any nation in the world. Let our principle be
that the American nag Dtotrcfs every berGn