The enquirer. [volume] (Richmond, Va.) 1804-1815, 1808-05-12

much towards the accomplishment ut our OBJ
ject; and that what remained it would be
in their power, as it certainly was IN their.
incliaation, to supply, rs efectual.y as in the
treaty itself, by taking occasion to state, i'll
aletter which it was intended should bc de-
liveted 70 us on their part at the time OF the
signature OF the treaty, which YOU will here,
after FIND explained, the theory and praC-
tee Of the British government On tifis SUBJ
jcct.
This reasoning was in 10 degree satisfac-
tory, and it was resisted accordingly, but
without effect. Thssr~opcscc substitute for
adciinition by treaty might be of some value,
and WAS rot Therefore opposed but it was
obvious that it would be greatly impaired,
if not wholly destroyed, by the iRsure of the
letter. of which we had received full ex-
PLANTATION. and in which the suggested state
ment was to be inserted.
The eleventh article regulates the great
question of our commerce with enemies CO.
lonies, the interruption Of which WAS one of
the principal.causes of the late disagreement
between tho two countries We trust that
the compromise which has been made on this
point, VIII be advantageous to orr cominer-
cial interess, and satisfactory to our govern
mcnt The British commissioners we're We
nv DESTROYS of burthening this intercourse
with several severe restrictions, to place,
as they did not hesitate to state, their own
merchants on an equal footing, in the great
markets of the continent, with those of the
u. States. With that view and to settle all
kqnestions concerning the continuity of the
Doyage, they proposed that all articles of
fest-lnd:a produce Should be stored i'll the
-. States for term of one month, be trans
aported thence To. Europe in another Ship from
that in which they were brought, and be
likewise subjected TO duty OF at least four
per cent. %, corporation. They finally a
how.
sions, except the landing OF tie goods in the
Estates, and the payment (bvwhicll is nm
der"5ood the securing of the payment in the
modt prescribed by our law) of ore per cent.
on such European articles as may be carried
thence to tive colonies, and Of TWO per cent
OH such West India productions as may
be carried TO Europe, including the parent
and every ohcr country. We are pursuaded
that this arrangement will be attended with
less Inconvenience 10 the parties than the o.
ther restrictions above mentioned, or either
of therr The storing of the goods especial
~ fer a month seemed to5c peculiarly objec-
!. tianable, as it would have subjected us to a
SERIOUS injury without being attended with
any circumstance to alleviate the regret in
separable from it. We fiatter ourselves that
the sum agreed to be paid will not BE fcit as
heavy one on our merchants, whose patri-
otism Willie gratitied by therecollection that
advantage oftlfeir countrv. BY the compro.
mise which is made, the practical ENJOYMENT
of the rights of each party is forbarne, in the
manner stated and for the term specified.
while the rights themselves are reserved
The stipulation being in the form Of a con-
cession the part of Great Britain, is in
tended to mitigate her principle where it APP
pies, out III no respect to enlarge thc sphere
of It's operation, No judicial decision Of the
4 Ir, It,-
70 extended the British principle to enemies
kcot1nies in the East Indies, and it is untlers-
'tcoA thatit does not apply to the greater part
ii 10 auy of them. Some cases are depending
before it, from the vice admiralty courts Of
Halifax and Columbo, which will bring the
point into question. Should the opinion of
tire court be that the principle is applicable
TO the colony To which the cause relates,
then the party will have the advantage of
the provision contained in this article should
IT on the contrary decide that it does not APP
p!v to such colony, then the trade between il |
and the parent country will be free. This
view of the subject was entertained equally
bv the British commissioners and ourselves,
and is that, as they assure us, which the court
of admiralty will adopt in its decisions. We
underworld to exempt this branch of the
trade with enemies colonies from the opera
ton Of the British principle but that was
that the arrangement made respecting it will
be deemed the next most eligible one that
could have been adopted, and that it will
produce in practice, in a great measure, if
not altogether, the same effect.
The twelfth article establishes the mari
time jurisdiction of the y. States to the dis
tance OF FIVE marine miles from their coast
In favor OF their own vessels and unarmed
vessels Of all other powers who may acknow-
ledge the same limit. This government con-
tended that three marine miles was the grca-
test extent to which the pretcnsion could be
lcarred By the law of nations, and resisted
at the instance ofthe admiralty and the law
o.Ficers OF the crown in Doctors Commons,
the concession which was supposed to be
rnade BY this arrangement, with great ear
nestness. The ministry seemed to view our
claim in the light Of an innovation of danger
kus tendency, whose admission, especially
ut the present time, might be deemed all act
iuw6rthy Of the government. The outrages
ateiy committed on our coast, which made
.ome provision of the kind necessary, as an
seiui lesson to the commanders of their
quadrons, and PREPARATION for the insults
ffegcd TO our government, increased the diff
culty of obtaining any accommodation what
yer. The British commissioners did not
l 10 represent that which is contained in