Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1808-04-15

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.dR7. XII. The same
ART XII. Neither party shall permit
any of the articles above enumerated, a.
contraband of war, 10 be cleared out from
It's ports 80 any place within the jurisdict
ion OF an enemy of the other parry and
in order to enforce this regulation, due
proof and security shall be gwen, that all
such articles Of contraband as may be ex-
ported from the ports of either o.! the par.
ties, have been actually destined else
where, Than within the jurisdiction of any
enemy ofthe other party.
.AR-. XII. The same.
ART. XIII. This convention shall be
in force for the term of eight years from
the date Of The exchange of Publications
Il shall be ratified on both sides within
months from the day oil
ITS signature, or sooner if possible; and The
ratihcations exchanged without delay, IL
The u States, at the city of Washington
.ART. XIII. The same.
Observations on the preceding hlan.
The first article rela,es t. impressmenls
from American vessels on the high seas.
The commanders of British armed vessels
have, as is well known, been long In this
practice They have indeed not only con
tinusd it, under the sanction of their So
psrlors, on the h 9Th seas; but have, with
impunlty, ex ended it 10 our own coasts
To neutral ports and to neutral terri ory ;
aud, IN some instances, TO our own harbors
he article does not comprehend the Sc
lster Cases /; because il would not be yei v
honorable IN Great Britain to sipuia'e a.
ganst tie practice OF such enor mites, nor
n the y. states 20 Tecur To supulrlions as
a security against il and because i, may
BE- presumed that such particular enormi.
ties will not be repea' ed or unpunished
10 impiesSments.
The article, in its FIST form, renounce.
the claim 10 take from he vessels of The
! Neutral party, OH the high seas, any per
on whatever, not IN the military service
OF an enemy; an exception which we ad
| Inl' to come wi hin The law of nations, on
tn subject ct conlraband of war.
with this exception, we consider neu.
trail flag on the high seas, as safe guard
10 those sailing under il. Great Britain
on the contrary, asserts a right 10 search
Tor, and seize her own subjects and un.
der that cover, as cannot but happen, are
often seized and taken of, citizens of the
United States and citizens or subjects o.
[ other neutra! countries navigating the hisi
seas, under the protection of the Amer.
can flag.
Were the right Of Great. Britain in this
case not denied, the abuses flowing from
, ! would justify The United States in claim.
ng and expecting adiscontinuance f its
exercise. Bot the right is denied, and on
the best grounds.
Altho' Great Britain has not yet adopt.
ed, in The same latitude with most other
nations, the immuuilies of neutral flag,
she will not deny the general freedom oil
The high seas, and of neutral vesse Is nayj
eating them, with such exceptions only
as are annexed 20 it, by the law of nations
She must produce then such an exception
III The Law OF nations, in favor Of The nigh
she contends for. But in what written auc
received authority will she find il? In VIA,
usage, except her own, will il be fund
She will find in both, that neutral We Sc
does not p o.ect certain objects denomina-
'ed contraband of war, including enemies
serving IN the war, nor articles going in,o
O oiockadcd port /; nor, as she has main
| famed, and as We have moi Contested, enc
ny's properly of any kind. Butno " here
VIII She mud an exception to this freedom
OF he seas, and of neutral f4gs which
JusItles the taking away of any perscn
OF an enemy IN military service, found On
board a neural vessel.
If ucaties, BRUSH as well as others, are
% be Consulted on this subisc', il will e.
qus'ly appsar that no counlenance to the
Practice can be found in them. Wills
they sdmi, coD,raband Of war, by emu
msratIng its articles, aud the effccl of a
reaIblocksde by defining Il, in n instance
do they affirm or imply right il any 80
Vereign' 10 enforce his claims 10 the ale
giance oil his bjects, on board neutral yes.
seis, on the high seas. On The contrary,
whenever bsIligerent claim against per
ems or board a neutral vessel is referred
TO in treaties, enemies in military service
alone are excepted from the general i'm.
monty OF persons in that situation; and
this exception confirms the immunity oil
those who are not included iD il.
Il is not then from the law, or The usage
1t nations, nor from the tenor Of treaties
hat any sanction can be derived for the
practice IN question. And surely it will
A.