Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1808-04-29
liz 1-2 Gents Sing,e. ,

\ 10 the course winch her policy may take.
That the operation Of the article IN its
present form, might be more fully under.
stood, it was thought proper TO avail the
public of the ideas of u citizen of GREAT in
Itelligence and experience with respect 70
our commerce. His remarks, contained in
a paper herewith inclosed, afford valuable
Ielucidation Of the subject. They will sug~
lSest at the same time, some explanatory
precautions worthy of attention, particular
I ly IN the case Of articles, which paving no
duty on importation into the u do not fall
under the regulation # drawbacks: and in
the csse of securing by bond, instead eff
actually paying, the duties allowed TO be
drawback. Ii appears BY the ubseyyati-
ons in your letter of January Cd. tbas tbs
bond was understood, as it surely oueht In
oe, equivalent to actual payment. But this
is point SO material, that il cannot he roo
explicitly guarded against tie mis;nte,nre-
tation o. Interested cruisers, and the ieno-
rance or perverscncss of inferior courts
| Third The necessity of the change re.
lqured IN the third article, in order 70 Sc.
cure an indirect, as well as tirect trade
20 the British East Indies, will be fnIlv
explained by the observations whica have
been obtained from several Of our best in
formed citizens, on that subject, and which
are herewith ncioSed.
| As this latitude of intercourse wa s>ir,-
lated by the 18th article of the treaty IS
1874, as Judlclaiiy expounded by British SUI
perior courts; as it was enjoyed by the CT.
States prior to that epoch, and has been
always enjoyed, both before and since. hv
other friendly nations; ana as there ia
reason to believe that the British govern
Inent has been at all times ready, since
the article expired, to renew it in it's orr
| ginal form, it may justly be expected TIA,
the inserted Innovation will not be insis-sS
on. Should the expectation fail, the course.
preferred IS to drop the article altorether.
leaving the trade on tho genera footing Of
the most favored nation, or even tr,-, mo-
to the interest of Great Britain for ,,,cS
regulations as may correspond with that of
the II. s. ~
Should the negotiation take up the Fa..
India artlcte of the treaty of 1874, YOU win
nnd several amendments suggested in the
extracts above referred to, some of which
may be attempted with the greater cbanca
of success, as they are harmless, if not f.
vorable to the British system. To tbees
suggestions may be added, privilege 10
American vessels of touching az the cane
of Good Hope. The objection 20 snrh =
stipulation, under the present defeasibIe RI
tie OF Great Britain To the cape. NAV he
obviated bya descriptive provision, NOT ne
cesSarily applicable TO il, in the svenr of
Us restitution by treaty of peace but en-
bracing 1t, in case the British title should
DC established by that event. Il NAV hc -
greed "that vessels of the L. S. NAV touch
tor refreshment at all the ports and MIA.
ces IN the possession of Great Britain ON
or in the African or Aslatic seas"
Fourth. Without provision, or a reser-
walton, as to the claims of ndemnjtv. an
abandonment of them may be inferred from
treaty, as being final settlement of ex-
sting controversies Il cannot be presum
ed, that precaution against such AN infe-
renee, IN any mode that may be most e n. E.
tual, can be opposed or complained of : on
the contrary, 1t eXcites just surprise, that
so much resistance should be made to in
demn;hcatlons supported by tie cIearest
rules OF right, and by a precedent in for.
mer treaty between tae two countries. from
which so many other articles have been
copied. The only colorado plea fo,. ref,e-
ing the desired provision, flows from q Dre.
SUM tion, not only that the British cour,s
are disposed, bur that they are compe,er,
TO the purpose of complete redress Not 70
repeat observations heretofore made ON this
SUBJECT, an unansweTdbie one is suggested
- r - :" w ar
or ia, Ter the pretence, that v-sseIs vf,L'
out contraband Of war on board. reiurnino
from port TO which they have carried ars
ticles OF that sort, were subiectte canturs
and condemnation. Previous, even - this
recognition, it had been settled as the law,
LOT nations, by the British high corr NJ
admiralty, that vessels so circumstarced-
I were exempt from interruption. Yct =
British order OF August, 1903. ex,ressly,
ldeclares them to be lawful prizes: and =
IS well known, that q number Of American
vessels nave been seized and condemned
under that order. Here then Is cia~s ~
wrongs, undeniably entitled TO redress. and
which neither can, nor ever could possiblv
be redressed, ia the ordinary course I,
being an ayowed rule, with the prize courts.
to follow such orders Of the government, "a
leither expoundng or supsrseding the law
OF nations Even cases not finally decided.
would probably be considered as falling nm.
der the rule existing at the time Of the
capture, and consequently be added to thi,
cataogue acknowledged, butunfedressed
Injuries.
Fifth. Articles 10 and 10. An efT,c, %
these articles is TO secure to British crni.
GERS and their prizes a treatment in Ame-
rican ports, more favorable than ,viu hs
lpermi.ted % those Of an enemy with :
saving Of con rary stpUiations alread~
made, aud q prob bition OF any sucl, in IN.
ture. As none of our treaties win r.
a