The enquirer. [volume] (Richmond, Va.) 1804-1815, 1808-05-03

equivalent TO actual payment. But this a point
SO material that it cannot be explicitly guard
ed against the msinterpretation of the interest
ed cruizers, and the ignorance perverseness of
inferior courts
Third. The necessity Of the change required in
the third article, in order to an Indirect as
well rs direct trade to the British East Indies
viii be fully explained by the observations which
have been obtained from several ofourb best inform
ed citizens on that subject, and which are here
with enclosed
As this latitude of intercourse was stipulated
ythe 18th article of the treaty of 1894, as Judi
cially expounded by the British superior courts !;
as was enjoyed by the United States prior to that
epoch, and has been always enjoyed, both before
and since by other friendly nations and as there
is reason to believe that the British government
has been at all times ready, since the article ex-
pred, to renew it in its original form, it may just
~ be expected that the inserted innovation will
not be insisted on. Should the expectation fail,
the course preferredis to drop the article altoge-
ther, leaving the trade on the general footing
OF the most favored nation, or even trusting
to the interest of Great Britain for such REGULATE
ons as may correspond with that of the United
States
Should the negotiation take upthe East-Inda
article of the treaty of 1894, you will find several
amendments suggested in the extracts above re-
to, some of which may be attempted with
the greater chance of success, as they are harm
less, if not favorable to the British system. To
'hese suggestions may be added, privilege to
American vessels of touching ut the Cape of
Good Hope. The objection to such stipulation
under the present dcfeasible title of Great Bri-
tam to the Cape, may be obviated by adescrptive.
provision, not necessarily applicable to it, in the
event OF ITS restitution by treaty of peace but
embracing it in case the British title should be
established by that event =. 1t may be agreed
that vessels of the United States NAV touch for
retreshrnent at allthe ports and places in the pos
session OF Great Britain or, or in the African or
Asiatic seas.''
Fourth Without provision, or reservation,
as TO the claims ofindemnity, an abandonment of
them may be inferred from treaty, as being \
hnal settlement of existing controversies Ncan
not be presumed, that 4 precaution against such
an inference, IN any mode that may be most eff
iectuai, can be opposed or complained of On
inc contrary, 1T exctes just surprise, that SO
much resistance should be made to indemnifica-
uohs supported by the clearcst rules of right and
by precedent in former treaty between the
Two countries, from which SO many other arti-
clcs have been copied The only clorable plea
Tor refusing the desired provision, flows from. n
presumption, not only that the British courts are
disposed, but that they are competent, to the
purpose OF complete redress. Not to repeat
observations heretofore made on this subject. an
u'ahs"efaoie one is suggested by the clause in
inc article OF the treaty, annuhing the
Princlpie, or rather the pretence that vessels
without contraband of war on board, returning
from port to which they had carried articles Of
that sort, were subject to capture and condem-
natlon. PREVIOUS. even to tins recognition, it
naa oeen settled az the law of nations, by the
BRUSH nigh court of admiralty, that vessels SO
clFcu1nstanced, were exempt frem interruption
fet a British order of August 1908, expressly
declares them to be lawful prizes; and it is well
known, that number of American vessels, have
peen seized and condemned under that order
here then is class of wrongs, indeniably enti-
tied to redress, and which neither can nor ever
could possibly be redressed, in the ordinary
course 1t being an avowed rule, with the prize
courts, to follow such orders of the government,
as either exPoundlng or susperseding the law of
nations: Even cases not finally decided, would
PROBABLY be considered falling under the rule |
eAstng at!the time 1.-THE capture, & consequent
but unredressed injuries.
Fifth. Articles g and 19--An effect of these
articles is to secure to British cruizers and their
prizes treatment in American ports, more ia
yorabe than will be permitted to those of an enc
my with saving of contrary stipulations alrea-
dy made, and prohibition of any such in future
AS none OF our treaties with the belligerent ma
TONS (France excepted4 stipulated to their crui.
GERS an equality in this respect and as there are
parties to the war, with whom we have no trea-
ties, It follows that discrimination is made in
the midst OF war, between the belligerent natl
Oiis, WHICH IL VIII not be IN the power OF the u
nited States to redress
Weighty considerations would dissuacle from
such deviation from strict equality towards
beligerent nations, if stipulated at n time least
liable to objection. But it would be impossible
to Justify stipulation, in the midst of war, sub
shutting Tor an existing equality, advantage to
one OF the bclhgerent parties its adversaries
ana that too, without any compensation to the
neutral, shieldngits motive from the appearance
OF mere Partially. Hitherto the United States
have avoided as much possible such embar-
easements and with this view have gratuitously
extended to all belligerents the privileges stipu
lated TO any ofthem. Great Britain has had the
6eheht OF this scrupulous policy. She can there
fore with the less reason expect tito be renquish
ed for her benefit.
The last paragraph of the 18th article, estab-
fishes just principle as to the responsibility of
aheutral nation, whose territory has been vio
lated by captures within its limits but by ex-
tending the principle to the two miles added to
our jurisdiction by the 18th article qualified as
that addition is, it is made peculiarly important
that an amendment should take place.
Passing by the failure of reciprocity. either
IN the terms or the probable operationof the res
possibility, the United States seem to bound to
claim from the enemies of Great Britain, redress
Tor hostile act, which such enemies NAV not
have renounced their right to commit within the
gwen space making thus the United States la
bic to the one party, without a correspondent IL
ability to them in the other party and at the
same time entitled Great Britain to redress for
acts committed by her enemies, which she has
reservedto herselfa rightto commit against them.