The enquirer. [volume] (Richmond, Va.) 1804-1815, 1808-05-21


number OF powers possible. ha. also some
weight in inducing US to accedc to the ar
r;sngemcnt France is admitted to an enjoy
ment OF them, III the same extent with Great
Britain. She, therefore, has no cause of
complaint. do not think that the stipulat-
on forbids any arrangement Of the govern
ment, relative to the number of ships ofwar,
that shall be admitted into the ports of, the
United States, at one time, or any regulation
relative to their conduct while within the
ports OF the United States. provided t be ge-
neral and equally applicable to both powers.
"A stipulation that the ships of war of each
nation shall be Hospitality received into the
ports of the other, does not necessarily inn
ply that there Is to be no rule as to the num-
bers to be admitted into the ports to which
they shall be confined, or the order they shall
observe while in port. All these topics have
been at alltimes, as{ have reason to believe
the object of regulation by Great-Britain, &
have equal reason to believe that her go
vernmcnt did not consider itself as having
abandoned its right to regulate them by this
article.
Your next objection applies.to the last pa
| ragraph OF the 18th, taken in connection with
| the 18th article. By your construction of
those parts OF the treaty, the United states
would be bound to claim redress in favor of
Great-Britain of her enemies, for any acts
of hostility which they might commit OH her
ships OF war or merchant vessels, within the
additional limit. while she might commit,
with impunity, like acts of hostility on the
ships of war and me, chant vessels Of her
itcnenies, in case they did not acknowledge it,
and against their ships of war in case they
did, although her own ships of war in both
cases would be protected within it. was
decidedly ofopinion, and still am, that while
\ trsc 70 tba Y,,t
unconditional advantage, none whatever is
| stipulated by them in favor of Great Britain,
which must rot of necessity be common to
her enemies; that her privilege, on the con-
! trary, whatever it may be, must be founded
on their consent, follow, and terminate with
lit.
| The 10th article stipulates that Great-Bri-
tain shall not stop the vessels of the United
States within FIVE marine miles of their coast,
except for the purpose of examining whe-
Their they be american, or those of another
power; and hat she shall not stop the uil-
armed vessel Of other powers within the same
limit, provided they acknowledge it, except
ITO ascertain whether they belong to those
who have acknowledged it.. The vessels of
the powers who do not adopt the regulation
are not affected it. They, remain under
the ordinary protection &c the law CT nations,
which extends to the distance of cannon shot
| or three miles from the coast. Beyond that
| limit the 'enenies Of Great-Britain have a
! right to search and seize her vessels, with
out being amerable to the United States, and
the same right is reserved to her by this ar
ticle, as if it lad not been enteredinto YES
sells of war are expressly excluded from the
advantage OF the regulation.
1t is the sole object of the 18th article to
secure to the United States an accommoda-
Ixy, ~,
coast, in what concerns themselves, from
three to five miles. The stipulation is I'm
conditional as to them, but conditional as to
other powers, dependent on their acknowled
| ging the same limit. 1t is made reciprocal
| by being extended to the British dominions,
northward of the United States, circum-
stance which merits attention, as it precludes
the idea that any other equivalent was ex-
nected or intended 70 he given fol. i 7.
would have been extended to the dominions
of Great-Britain, in Europe and elsewhere,
had the British commissioners desired it.
They declinedit, from fear that it might
produce someinnovation in the general doc
trine of the law of nations on the subject
This is, think, fairly to be inferred from the
instrument itself
The last paragraph of the 10Th article; sti-
pilates that neither of the parties shall per-
nit the ships or goods belonging to the sub
jects or citizens of the other, to be taken with
in cannon shot ofthe coast, nor within the iu-
risdictIon described in article 18th, so long
as the provisions of the said article shall be
in force, by the ships of war of other powers
but in case it should so happen, the party,
whose territorial rights shall thus have been
violated, shall endeavor to obtain from the
offending party, full and ample satisfact-
ON for the vessels so taken--whether the
same be vessels of war or merchant YES
sells.
If any advantage is given to Great-Bri-
tain by the arrangement proposed by the
10Th article, and this clause of the 18th, to
the prejudice of her enemies, or of the Uni
ted States, it must be by this clause. She
can certainly claim none under the 10Th ar
ticie. his clause consists of two distinct
members, of very different import The
first contains general stipulation, conform
able to the law of nations, applicable TO all
the dominions fboth parties, and equally so
to their ships OF war and merchant vessels.
With respect to the latter, however, it is
conditional. The second member applies to
the arrangement made in the 18th article, &
in the sense and spirit of that article. 1.-THE
18th article is carried into effect in favor Of
other powers, which can only be done by
their consent, then the advantage which is
secured to them by it, will accrne likewise
TO Great Britaia. What is that advantage (.
Protection to their merchant vessels within