Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1808-04-12

the authority OF a municipal law may equally
he enforced on board foreign vessels on the
high seas, against articles exported in
violation of such law, or belonging to the
country from which it was exported And
thus every commercial regulation, in time OF
peace too, as we'll as of war, would be made
OBLIGATORY on foreigners and their vessels, not
only whilst within the dominion OF the sove-
reign making the regulation, but III every sea,
and at every distance where an armed vessel
might meet with them. Another inference
deserves attention. If the subjects OF one
sovereign may be taken by force from the
vessels of another, on the high seas, the
right of taking them, when found, implies
the right of searching for them, a vexaton
of commerce, especially in time of peace,
which has not yet been attempted, and which,
for that as well as other seasons, may be re-
garded as contradicting the principle from
which it would flow.
Taking reason and justice for the tests of
this practice, it is peculiarly indefenslble; be-
cause it deprives the dearest rights OF persons
of a regular trial. to which the most lnconsl-
derable article of property captured on the
high seas, is entitled and leaves their destl
ny to the will of an officer, sometimes cruel,
often ignorant, and generally interested by
his want of mariners, in his own decislon.--
| Whenever property found in neutral vessel
is supposed to be liable on any grounds to
capture and condemnation, the rule III all ca
ses is, that the question shall not be decided
by the captor, but be carried before legal
tribunal, where regular trial may he had,
and where the captor himself is liable to da-
IMAGES for an abuse of his power. Can it be
reasonable then or just, that belligerent
commander who is thus restricted and thus
responsible in a case of mere property OF tn
vial amount, should be permitted, without
recurring to any tribunal whatever, to exa-
mine the crew of a neutral vessel to decide
the important question of their respective al
legiances, and to carry that decision into IN
slant execution by forcing every individual ne
may choose into a service abhorrent to his
feelings cutting him off from his most ten
der connections, exposing his mind and his
person to the most humillating discipline, and
his life itself to the greatest dangers. Rea-
son, Justice and humanity unite in protesting
against so extrayagant proceeding. And
what is tho pretext for it 1t is that the 81
milaIity of language and OF features, between
American citizens and British subjects, are
such as not easily to be distinguished and
that without this arbitrary and summary au-
thority to make the distinction, British sub
iects would escape under the name OF Amerl-
can citizens, from the duty which they owe to
their sovereign Is then the difficulty Of
distinguishing a mariner OF one country from
the mariner of the other and the importance
of his services, a good plea for referring the
question whether he belongs to one or to the
other, to an arbitrary decision on the spot, by
an interested and irresponsible officer In
all other cases, the difficulty and the impor
lance Of questions are considered as reasons
for requiring greater care and sormality iii in
vestigating them. and greater security for a
right decision ON them To say that precap~
tons of this sort are incompatible with the OBJ,
ect is to admit that the object is unjustihable,
since the only means by which it can be pur-
sued are such as cannot be justified.
The evil takes deeper die when viewed in
its practice as we'll as its principles. Were it
allowable that British subjects should be taken
out OF American vessels on the high seas, 1t
might at least be required that the proof OF
their allegiance should lie on the British side.
This obvious and Just rule is however revers-
ed, and every seaman OH board, though gong
from an American port and sailing under the
American flag, and sometimes even speaking
an idiom proving him not to be British
subject, is presumed to be such, unless shewn
TO be an american citizen. 1t may safely be
affirmed that this is an outrage and all lndig-
nifty which has no precedent, and which G.
Britain would be among the last nations in
the world to sufferif offered to her own sub
iects, and her own flag. Nor is it always
against the right presumption alone, which is
in favor of the citizenship corresponding with
the flag, that the violence is committed. Not
unfrequently ittakes place in defiance of the
.,,St nnsitiNe 1,raoG certifiad In due form lau