Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1808-04-28

4 0oQndslO CialD1 FeOrtSS III ie'oASos -.
tain OF her enemies for any acts OF aosdhty
which they might commit on her ships OF war
or merchant vessels, within the additional 4
init, while she might commit, with inpunity
like acts Of hostility on the ships OF war ana
merchant vessels of her enemies, IN case they
did not acknowledge it, and against their shiPs
/. OF war in case .hey did, altho' her own ships
of war in both cases would be protected with
In it. / was decidedly of opinion, and stiil
arm, that while those articles secure to the Y.
States an unconditional advantage, none what
ever is stipulated by them In favor OF Great
Britain, which must not of necessity be com.
mon TO her enemies; that her privileges, on
the contrary, whatever it may be, must be
founded on their consent, follow, and terni-
nate with it.
The 18th article stipulates that Great Bn.
tain shall not stop the vessels OF the Snlted
States within i've marine miles ofthelr coast,
except for the purpose of examining whether
they be American, or those of another pow
er and that she shall not stop the unarmed
vessels Of other powers within the same limit,
provided they acknowledge it, except to as
certaia whether they belong to those who
have acknowledged it. The vessels OF the
powers ~ho do not adopt the regulation are
not affected by it. They remain under the
ordinary protection Of the law of nations which
extends to the distance of cannon shot, or
three miles from the coast. Beyond that IL
ait the enemies of Great Britain have right
TO search and seize her vessels, without be-
ing amenable to the United States, and the
same right is reserved to her by this article,
as lift had not been entered into. Vessels of
wJr are expressly excluded from the advan'
tage of the regulation,
It is the sole object of the lSth article to Sc
cure to the United States an accommodation,
by extending their jurisdiction on their coast,
In what concerns themselves, from three to
Eve miles. The stipulation IS unconditional
as to them, but conditional as to the other
powers, dependent on their acknowledging
the same limit.--It is made reciprocal by be-
ing extended to the British doninlons, north
ward of the United States, circumstance
which merits attention, as 1t precludes the
idea that any other equivalent Was expected or
intended to be given for it. It would have
been extended to the dominions of Great-Br
tain, in Europe and elsewhere, had the Bri-
fish commissioners desired it. They declined
it, from fear that it might produce SOME
innovation in the general doctrine of the law
of.nations on the subject. This is. think,
fairly to be inferred from the instrument it
self.
The last paragraph of the 10th article sti-
pulates that neither Of the parties shall permit
the ships or goods belonging TO the subjects
or citizens of the other, to be taken within
cannon shot of the coast, nor within the urls
diction described in article 18th, so long as
the provisions of the said article shall be in
force. by the ships of war of other powers
but In case it should SO happen, the party,
whose territorial rights shall thus have been
violated, shall endeavor to obtain from the Of
Tending party, full and ample satisfaction for
the. vessels so taken, whether the same be
vessels of.war or merchant vessels.
Eany advantage is given to Great Britain
by the arrangement proposed by the 18th ar
ttcle, and this clause Of the 18th, to the pre-
iudicc Of her enemies or of the u. States, it
must be by this clause. She can certainly
claim none under the 18th article. This clause
consists OF two distinct members, of very dit
ferent import. The first contains general
stipulation, contormable to the law OF nations,
applicable to all the dominions of both par
ties, and equally so To their ships of war and
merchant vessels. With respect to the lat
ter, however, it is conditional. The second
member applies to the arrangement made in
the 18th article, and in the sense and spirit of
that article is carried into effect in favor of
other powers, which can only be done by their
consent, then the advantage which is secured
10 them by it, will accrue likewise to Great
Britain. What is that advantage Protection
to their merchan. vessels Within the additional
two miles, ana nothing else. 1t is obvious
that the protection which is stipulated in Ia
sor of ships ofwar is provided for, by the first
member otthe clause, and not by the second.