Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1808-04-22

"hSuit Couiu nave, Woulu &c 70 aunOnist
the courts to be cautious in admitting evi
dence OF notice, on account OF the distance
OF the !. 5. lrom the block AIDED ports Ii
was supposed to give iho u. s. a claim &c
a more favorable rule in respect 10 eyi
aence, than was allowed powers more
contiguous to tie theatre of action. The
doctrine contained in Mr. Msrry's note tc
you was not contested by the British com
| missione-s. lie is, on the contrary, main
tanned IN their note TO us of Dec. 5Ist, 1906,
| IN which ii is asserted TO be notorious 18th t
the king did not declare any ports to be in
a state OF blockade without allotting to
that object force sufficient to make the
entrance into them manifestly dangerous. -
quote the passage in their note To- observe
that the doctrine is not made con,iitioal on
any other part of it, but is laid down as the
established law. 1t iustifies the additional
remark that the preamble was not intead-
ed and Cannot he construed TO alter the law.
1t follows that it Cannot produce any other
effect than that which is sbevel Imputed to it.
The 18th article relate, to the search of
| nerchant vessels, and differs from The 18th
OF the treaty of 1874, in the introductory
sentence, which erjoins il on the connman-
ders OF ships of war and privateers, to OBJ
serve in the course of the war, which may
then exist, as much as possible the ac
knowledged rules and principles of he law
OF nations and also in the penal sum (which
It encreases1 to be given by the comiran-
ders OF privateers before they receive their
commissions, as security for their good
conduct under them. 1t was supposed that
| IN this as in the preceding case, the law
remained untouched, and that the stipulat-
on produced no other effect, than &c enjoin
1t OH the governments respectively, to be
| particularly attentive TO the conduct OF its
officers in the respect alluded to.
! The 18th article and the paper of the
| British commissioners of the 81 OF D2ce;a-
Der, 1906, obviously look to the Russian
convention, as the standard Of the ackrlow-
lodged law respecting the search of mer
chant vessels and blockade. That instru.
raent was held constantly in view on both
sides, in every discussion OH those subjects
and indeed on every other to which il es1.
| tends, ard Us doctrine ADMITTED. especial
| iy In those. to be the established law. We
We're extremely DESTROYS, and used cur best
( eXertions, 10 Introduce articles 20 the SAME
effect, into cur treaty, but il was utterly
impossible to accomplish it. II must how
ever be allowed that if engagements of the
kind alluded to, especially in regard to
blockade, for which there was "A spe cial
document, would not be observed, that it
would be useless to st;pulate ,hem by treaty
On the subject of the 18th article, |
have already made some remarks under a
mother head. canuUt think that s,pula-
ton to receive the ships Of war OF each
party, Hospitality into the ports of the other,
Restraints them from limiting the number Of
ships to be admitted at one time, or from
designating the ports 30 which they shall
be admitted. A stipulation to admit the III
settles or'y, rs | presume, the principle,
that they shall be Animated, and leaves o.
pen 20 encouragement the other points connec-
ted with it. This opinion is supported By
Il passage in the article itself, as TO the
ports which secures to vessels which nigh,
be driven by stress Of weather, &c. into
ports not open TO them in ordinary cases,
and hospitable reception in such por,s.-
Had the right to designate the ports been
given up by the general stipulation, there
would have been no necessity for that con
famed in this passage. TlIe remark is e.
qually applicable to the other case, that of
The number to be admitted at one time
AS that must be an aifair of special and
strict regulation, an exception which ad-
united more, by securing rights 20 them
in case they entered, would necessarily de-
fea. the Limitation itself
The stipulation which relates to the good
treatmen. of the officers Of each party in
the ports of the other, being reciprocal,
contains no reflection on one, which is not
applicable to the other and viii venture
TO Firm that it is equally necessary in
regard TO Great Britain as to the United
States l, is well known in respect to the
tier, that the passions, which were ex-
cited by the revolution, did not long sur
vive the struggle; shat tie sword was no
sooner sheathsd, than The calamties of the
war were forgotten. The injured are al
ways the frs; to forgive. 1t is, however,
Just to remark that time has essentially ef-
faced, from the people of both nations, the
hostile impression which that arduous con-
fiicr produced.
The 23d article was thought to contain
an usei,l stipulation by securing to the u.
gates the advantages in navigation and
commerce, which Great Britain might af.
forwards grant TO any other nation That
stipulation was obviously founded on the
| right of the most favored nation, and SUBJ
] ject of course TO the conditions incident 70 it.
| IT amounts to this, that if Great Britain
should concede any Accommodation 10 ano-
Their power in commerce with her East or
West India colonies, on any other part of
her dominions, gratuisously, the United
States would be entitled TO it on the same
terms but If she made such accommoda.
tion i'm consideration of certain equivalents
20 be given her in return, that the United
States would not be entitled to those advan
tages without paving the equivalents The