The enquirer. [volume] (Richmond, Va.) 1804-1815, 1808-04-26

ClSturOlng vessels to WhOrnSOcVer belonging,
and whether outward or inward bound,
within the harbors, or the chambers formed
by headlands, or any where At sea within
the distance of four leagues from the shore,
or from right line from one headland TO
another: 1t is further agre ed, Tia, by like
orders and provisions, ali armed vessels
shall he electualy restrained by the party
to which they respectively belong, from sta
tionin,; themselves, OF from rowing or hover
ing sonSar the entry of any OK the ha rbors or
coasts OF the other, as that merchantmen
shall apprehend their passage to be unsafe,
ora danger OF being set upon and surprised;
and that in all cases where death shall be
occasioned by any proceeding contrary to
these stipolasions, and the offender cannot
conveniently be brought to trial and punish
ment under the laws of the party offended,
he shall ON demand made within
months, be delivered up for that purpose"
II the distance CT four leagues cannot be
obtained, any distance not less than one sea
League may he substituted III the article Il
will occur to you that the stipulation against
the rowing and lowering of armed ships on
our coasts as to eudanger or alarm ira
ding vessels, VIII acquire importance, as the
space entitled to imlnunity shall be narrow
ed
Another obiect, not Comprehended in the
Instructions of 1904, to Mr.. Monroe, is rem
dered important, by the number of illegal
captures and INJURIES, which have been com
mitted by British crrizers since that date
An indemnify for them is due on every con
sioeration or Justice and friendship and is
enforced by the example heretolor given by
Great-Brtain herself, as well as by ether
nations which nave provided by treaty, for
repairing the spoliations practised under
colour of their authority. You will press
this as an object too reasonable not TO be
confidently expected BY the United States.
y Many of the claims, indeed. for indemnifca-
ton are SO obviously just, that refusal to
satisfy them, cannot be decently made. and
ought not therefore to be presumed
The two modes most readily presenting
themselves for q comprehensive provision
for the claims, are, first, the establishment
ola board analogous to that provided for
In the 9TH article of the treaty of 1894: Sc
condly, the substitution of gross sum to be
distributed among the claimants, according
to a liquidation to be made under the autho-
rity of the United States
The second is the mode most eligible, if
the gross sum to be allowed be thought to
approach the amount of losses to be inrem-
nihed. To asst you In estima ing these, the
statements addressed to this department by
the underwriters, and others are herewith
TRANSMITTED. These statements, with those
furnished by Mr. Lyman, to November LIST.
will be to be reduced, according to the re-
dress which shall have Internationally afford
ed, and on the other hand to be AUGMENTED
BY the addition of cases not reported here.
end to be collected from the sources of infor-
nation within your own reach.
If the first mode should be adopted, great
care viii be requisite, in describing the ca
ses, to employ such general terms as will
comprehend all that are fai ly entitled to
Il -u.llt ~ Ill
secure, by specifying such of the cases as can
be specified, and as are least susceptible of
objection. Under this head may be c!asscd,
Asst, cases in which TIE official communica-
rioh made by lord Hawkcsbury TO Mr. King,
Of the 18th day OF April, 1901, has been vio-
iated; Cd, cases in which the rules of block
ade, stated in MIR. Merry's communication
to the department ci state on the 18th day
Of April, 1904, have been violated-3d,
cases where the territorial jurisdiction of the
United States has been violated.
The list OF neutral rights, asserted in the
report of the secretary OF state to the Presi-
dent, on the 25th day Of January, 1906, will
suggest other specifications which may be
attempted. 1t may be worth recollectine,
that the British order ofcouncl, nearing date
14th June, 1903, and snbjectiDg to capture |
vessels Oh return voyage which had car
ried contraband in the outward voyage, (
was never promuSed, nor was 1t known that :
such rule was to be enforced until the
summer Of 1905. Could the rule be regard
ed otherwise than rs il certainly is, an inno-
walton on the law of nations, all captures be- :
fore it was made known, and contrary to an
tecedent practice, would be marked by an
11just surprise, fairly emitting them to re- .
dress
=. The business to come before such board
may be much diminished by the reference of
cases, particularly OF cost and damages, and
such others whose description by common
consent entities them TO redress, to the kings
advocate, and an advocate to be named on n
your part, who NAV be authorised to reoont i
the sums due, subject to the approbatioLl in |,
each case, of Mr.. Lyman, cur agent ~ Il
far as the eases fall within the obsery ION I
here made, liquidation of them may 49,
ried on during the.period of negociale -
Although the subject of indeinnifcAtions
for past wrongs is to be pressed as of great
in satisfactory adjustment OF
our differences with Great-Britain let as
the British Government may be inRexibIe
~ refusing an arrange ,nent implyingtl3at her
maritime principles Of capture were contra
ry TO the law Of nations, whilst she would not
be iniiexible in STIMULATING future practice
coniormable to our wishes, it is not Thought {
proper that provision for indsnnitiel ghould
be an absolute condition Of the reDcat Of the
acc Of congress concerning British IA huufac
lures, provided satisfactory arran6amenrs
shall be made relative to impressmeIlts and
Inc trade with - ,..It L