Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1808-04-29

ttion, TO Keep and place other belligeren
nations on an equality with Great Britain
9th. No such alternative as is presented
10y the declaratory note On the subject Of
The French decree of Nov. 21st, 1906, will
ibe admissible.
\ First. The Considerations which render
a provision on the subject OF impresSments
Indispensable, have been alrcsdy sufficient
I ly explained.
Second. The essential importance ofthe
amendment required in the It'll article, re-
suits from the extensive effect which the
article, II unamended, would have on the
system OF our commerce as hitherto CARR
ed ON, with the sanction or acquiescence of
Great Britain herself
1t was hoped that the British government,
IN regulating the subject of this article
would at least have yielded 10 the example
OF its treaty with Russia. II could not have
been supposed that modification would be
insisted ON, which shuts TO our neui raj COM
merce important channels, left open by the
IadJudications of British courts, and particu-
larry by the principle officially communica-
red by that government to this, through Mr.
Aing, in the year 1901.
According to that principle and those ad-
lJuaicatons, the Indirect trade through our
neutral ports was as free from enemy Colo
=. ~ ObNSE part W Llt WOflQ as 90
Europe; and as free 10 such colonies, in the
articles of all other countries, as in Euro
| pean articles
According to the tenor of the article, and
the general prohibitory principle assumed
ny Great Britain, to which it has an i'm
pred reference, the productions both ofthe
continental and of the insular coloniesin A.
herica, can no longer be re-exported as
heretofore to any part of Asia or Africa, or
even OF America, and consequently can no
longer enter into the trades carried ON from
the u. 5. to the Asiatic or African shores
OF the Mediterranean, nor to any of he Dla Z.
ces beyond the Cape of Good Hope, Offering
market for them nor finally to any other
enemy or neutral colonies in this quartcr,
70 which in reason, as we'll as according 10
practice, they ought to be as re-exportable
as to the countries in Europe to which such
colonies belong.
In like manner the importations from be-
yond the Cape of Good Hope, more espe-
|cisiiy the cotton fabrics cf China and India,
can no longer he sent as heretofore to The
West Indies, or the Spanish Main, where
they not only now yield great proft 20 our
merchants, but being mixed in cargoes with
the produce of this country, facilitate and
encourage the trade in the latter. BESIDES
the effect OF the article in abridgine so ma
terialiy our valuable commerce.. the dis
JUNCTION which it introduces between the
manufactures OF Europe, and those of Chi
ma and India, is chargeable with evils of a
mother sorr. In many cases il might not be
easy to pronounce on the real origin of the
articles. 1t is not improbable that suppo.
sitious attempts also, might be occasional
~ made, by the least scrupuous traders.
with such pretexts as these, arguing from
ell. 49,
the abuse made OF less plausible ones, the
interruptions and vexations of our trade, by
the greedy cruizers which swarm on the
ocean, could not fail to be augmented in
Gesree, not a little enforcing the objection
to the article in its present form.
AS the prolibitory principle of G.. Britain
does not extend to the case of a colonial
trade usually open, and no judicial decisi-
on has professedly applied the principle to
such trade, 1t is a reasonable inference.
that the article will not be so construed as
20 interfere with the trade of that descrp-
ton, between enemy colonies beyond the
Cape OF Good Hope, and other Countries and
| ports IN that quarter But on the other
hand, 1t may not be amiss to guard against
a construction of the article that would 3 =
polish the rule observed in the prize courts
OF Great Britain, which, in the case of the
eastern colonies, presumes that these norris
were always open, and thereby throws on
the captors, instead of the claimants, the
disadvantage OF proving the fact in uuesti ..
on
It is observable, that the duration of this
article is limited to the period of the pre-.
sent hostilities, whilst the others are to be
n force for ten years so that if there should
be peace and a renewal of the war, as is
very possible, within the latter period, the
onerous parts Of the bargain would survive
a part, III consideration Of which, they were
assumed Justice and reciprocity evidently
require that the more important articles OF
the treaty should be regarded as conditions
Ofeach other, and therefore that they should
be co-durahle. In this point of view, You
will bring the subject under consideration &
without making this particular amendment
an ultimatum, press it with all the force
which it merits. This amendment ought
to be the less resisted on the British side.
as 1t would still leave to that side, an adj
Vantage resulting from the nature of the
two great objects to be attained by the u
States, namely, the Immunity Of our crews.
and OF our neutral commerce, which are
connected with a state OF war ouly where.
as the stipulations valued by Great Britain.
will operate constantly throughout the ne.
riod OF the treaty, as well in a state of peace.
az in a state Of war.
| Whatever term may finally be settled for
the continuance OF this regulation, It will be
proper TO retain the clause which saves the
L.