Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1808-04-19
Letter from Mr.. Madison to Mr.. Monroe
Continued.

ms extension of the British law to four
leagues from the shore is inferred from an
act OF Parliament passed in the year 1855,
T. Z. c. S5) the terms of which compre.
mend all vessels, foreign as we'll as British.
IL is possible, however, that the former are
constructively excepted. Should YOUR in.
quiries ascertain this to be the case, you
VIII ind yourself on better ground than the
concession here made.
With respect to the compliment Maid n
the British flag, it is also possible that more
Is here conceded than YOU m.v find TO be ne.
cessary. Afterthe peace of 1888 his com
Phment was peremptorily withheld bv
france, IN spite ofthe "Reminiscences of G.
britain; and it remains for your ,notlir,
whether it did not continue to he refused,
Notwithstanding the failure at Amiens TO %
tam from @. Britain formal remuneration
of the claim.
from every view of the subject il is rea-
sona6le to expect, that the exception of the
narrow seas, from the stipulation against
will not be iniiexibiy main.
'alnea. should 1t be so, your negotiation
WIN De at an end. The truth is, that so
great proportion of our trade direct and
crcuitous passes through those channels,
and such-is its peculiar exposure in them
exception, any remedy would be very par
tial. And we can never consent to pur.
chase partial remedy by confirming pc
neral evil, and by subjecting ourselves 70
our own reproaches, as well as to those Of
other nations.
81. 1t appears as well by a letter from
Mr. l. nornton, in answer TO one from me,
OF ooth which copies are incosed. as from
with MIR. Merry, that the ia =
cllty which would be given, particularly
IN the Brush channel, by the immunity
canned Tor American vessels, to the escaDe
OF traitors, and the 3eseftion of others Whose
services in time rs war may ne particular
~ important 10 an enemy, forms one OF the
peas Tor the British practice of examin,ne
american Crews, and will be one OF the ob-
Jections to forma! relinquishment OF il
ms plea, like all others, admins SOLID
anu satisfactory reply. In the frs. plac5
Ii 1t could prevail at all against the neutral
claim, 1t would au horise the seizure of rb
persons described only, and in vesselGba.fpn
TO hostile country only whereas the prsc
tee OF impressing is applied to persons f-v-
II any OF whom are alledged TO be Of eithef
description, and TO vessels whithersoeVsr
bound, even to Greac Britain herself l.
the next place, it is not only preference
OF smaller object on one side to a grea or
object On the o'her; but sacrifice of
right on one SIDE, to expectancy on The o.
other side
Considering, nevertheless, the possible
adhefance OF the British government to this
last Objection, and the extreme importa.:
to our sea-taring citizens and commerce, of
a stipulation suppressing practice fragrant
IN It's nature, and still more so in the abuses
N ~ NJ -
to concur, 1T necessary, in the modification.
as II stands IN the second column. You viii
observe that this guards, in all cases. the
crews OF our vessels from being meddled
with and in referring for an exception TO
the immunity on board our vessels to the
law ct nations, yields no principle maintai
ned by the y. States; inasmuch as the re-
ference will be satisfied by the acknowled.
Sed exception OF enemies in military SER.
vice Should persons therefore, other than
such, be taken under pretext of the law of
nations, the u >. will be free to contest the
proceeding, and there is the less difficulty
III eaving the stipulation on this footing, as
the case may never happen, and will be
pretty sure tohaPpcn but rarely. You will
observe also, that in the passage from one
porto another cf the respective countries,
the vessels of the neutral parties are topro-
tect all persons without exception. indie
pendently of the general principle asserted
by the y. ). this respect is due to the pecu-
far character OF the coastiDg trade, and the
utter improbability that it will at any time
be vehicle to persons of any obnoxious
On Hrficie III The reasonablehess ofthis
article is manifested. Citizens or subjects
ot one country residing IN another, though
bound by ther temporary allegiance to ma
ny common du;ies, can never be righ.fuIly
forced into military service, particularly
external service, nor be restrained rom
leaving their residence when they please
he law ut n tons protects them against
both, and the violation of this law hy the
avowed mpressment of American citizens
residing in Great Britain, may be pressed
with the greater force on the British gov
eminent, as il is in direct inconsistency
with her impre ssment Of her own subjects
bound by much stronger ties to the u. s.
as above explained, as well as with the
spirit of her commercial laws and policy,
by which foreigners are invited to resi-
dence. The liberation Of the persons COM
pretended by this article, therefore, cannot
be justly OF honOrably refused, and the bro.
vision Cor their recOmpence and their return
home, Is equally due 20 the service render
ed by, and the wrong done TO them.
On article III This regulation is con-
formable TO the law Of nations, and to the
tenor Of all treaties which define the bcill.
gerent claim OF visiting and searching ucu-
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