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

10 sfeater amcunt tnan was
required by the 18th article of the treaty OF
1T9A. it is also enjoined in strongeiy
and more definite terms ON the bcll.gcrent,
in this than the former article, 20 see thatits
ships OF war and privateers shall observe. in
a manner the most favorable to ncutrals, The
acknowledged principles an6 rules Of the law
ofnations, in the search ofmerchant vessels.
We entlcavored to obtain an arrangement
more adequate to the object, and re!inquish-
ed the pursuit of it with regret. While the
, subject OF visitation and search was under
consideration, the British commissioners as
sured us that their government would rega-
late it in satisfactory manner to the UNI
ely States by actof parliament. especially in
,,sspect to privateers, which assurance was
repeated when the treaty wasyigned.
| The following articles, to the 21stiisclu-
sive, are taken from the treaty OF 1894 -
:! he British commissioners shewcd a desire
70 ret;tm them, and as it appeared chat they
had in substance been introduced into the
treaty With France, of 1901, and that an at
tempt on our part to omit them would be
thought unaccommodating and.captious, We
agreed to them.
The twenty-second article contains a new
and useful provision in favor of the unfortu-
| nate in the case of shipwreck.
The twcnty-third article, after declaring
that II is the intention of the high contract
ing parties that the people OF their respec-e
tive dominions shall be on the footing of the
most favored nations, stipulates that in case
either of the parties shall hereast T. grant
any additional advantages in navigation OF
commerce to any other nation, the citizens
or subjects of the other party shall fully par
ticipate in them. This article is deemed
peculiarly important in many views, but
more especially in its application to the Bri-
fish possessions in the East Indies. If it
can be shewn that any peculiar accommodate
ton is or shall be hereafter granted to anv
other powers, we become entitled to it of
course.
The twenty-fourth article engages that
the parties shall communicate to each other
the laws which their respective legislatures
may enact for the abolition or limitation Of
the African slave trade, and that they will
also use their best endeavors to procure the
cooperation of other powers for the COM
plete abolition of that trade. As this en-
SaSement reposcs on our laws, it follows
that it does not enioin any obligation
unknown TO them. If it should be act
led on at all by our government, farther.
than by communicating to this the laws OF
congress, as is proposed in the first part Of
the article, the sphere Of it's operation would
be very contracted one, till the yearISe8
After that period such q cooperation on a
more enlarged scale would become a censti-
tutional measure Of the government, and, as
we think, suitable one. Mr. Fox had ia
ken great interest in this question, and it is
understood that In suggesting the idea, in
the address of the House of commons 20 the
king, OF obtaining the corporation of other
powers, the United States were held parti-
cularly in view. The British commission
ers proposed the article, and Showed great
desire that we should agree to it. AS this
| Se.d -.-l,t Oh
scope OF our instructions, we have thought it
our duty 20 explain to YOU the cause to
which its admissioa into the treaty is to be
attributed
The twenty fifth article was introduced
for the purpose of protecting other powers
haying treaties with either party, in the en-
Joyment of the rights secured by them
The stipulation contained in our treaty with
France, in 1908, of certain commercial pri-
viieses in Favor of French and Spanish sub
Jects for defined term in Louisiana, made
such provision particularly necessary.
The twenty-sxth article fixes the term of
the treaty ut ten years from the date of the
exchange of the notifications.
We are sorry to add that this treaty Con
tains noprovision against the impressment of
our seamen. Cur dispatch of the 11th of
November, communicated to you the result
of our labors on that subject, and our opinion
that although this government did not feel
itself at liberty to relinquish, formally BY
treaty, its claim to search our merchant YES
sells for British seamen, its practice would
nevertheless, be essentially if not complete
ly abandoned That opinion has been since
confirmed by frequent conferences on the sub
ject with the British commissioners, who
have repeatedly assured us that in their
Judgment, we were made as secure against
the exercise of their pretension by the policy
which their government had adopted, in re-
gard TO that very delicate and important
question, rs we could have been made by
treaty. Ii proper to observe, however, that
the good effect of this disposition and it's con-
tinuance may depend in = great measure on
the means which may be taken by the con-
sress hereafter to check desertions from the
British service. IT the treaty is ratified, &
a perfect good understanding produced bv it
between the two countries, it will be easy for
their governments, by friendly commnnica-
ions, to state to each other what thev re-
spectively desire, and in that mode to arrange
the business as satisfactorily as it could be
done by treaty.
We regret also to he under the nee essity
OF stating, that no provision has been m ade
by the treaty to indemnify orr citizens for
their losses by the late seizures, and other
violations of the law of nations This object
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