Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1808-04-12
MR.. MADISON 70 ldR. MONROE.
r coNrrNu D.l

nave, as is Well Known, OSCA iotiS IA liiiS
practice. They have indeed not only contl-
nued it, under the sanction OF their superlors,
on the high seas I; but have, with impunlty,
extended il to our own coasts, to neutral
ports and to neutral territory and, In some
Instances, to our own harbors. The article
does not comprehend these latter cases be-
cause it would not be very honorable IN Great
Britain to stipuiate against the practice OF
such enormities, nor In the United States to
recur to stipulations as security against 1t
Z and because it may be presumed that such
particular enorrnities will not be repeated or
unpublished, after general stop shall have
been put TO impressments,
The article, in its first form, renounces the
claim to take from the vessels of the neutral
party, on the high seas, any person whatever,
not in the military service OF all enemy an
exception which we admit to come within the
Law of nations, ON the subject of contraband OF
war.
With this exception, we consider neutral
flag on the high seas, as a safe guard to those
sailing underit. Great Britain, on the con-
trary, asserts right to search for, and seize
her own subjects and under that cover, as
cannot but happen, are often seized and taken
off, citizens of the United States, and citizens
or subjects of other neutral countries nayigat-
inq the high seas, under the protection of the
American flag.
Were the right of Great Britain in this
case not denied, the abuses flowing from 1t
would Justify the United States In claiming
and expecting discontinuance of it's exer-
else. But the right is denied, and on the best
grounds.
Although G.. Britain has not yet adopted
In the same latitude, with most other nations
the immunities OF neutral flag, she will not
deny the general freedom OF the high seas,
and of neutral vessels navigating them, with
such exceptions only, as are annexed to 1t by
the law of nations She must produce then
such an exception in the law of nations, IN
favor ofthe right she contends for. But IN
what written and received authority will she
find 1t! In what usage except her own will 1t
be found /? She will find in both, that neutral
vessel doth not protect certain objects demo-
minated contraband of war, including enemies
serving in tile war, nor articles going into
blockaded port; nor as she has maj ltalled,
and as we have not contested, enemys pro-
perty Of any kind. But no where will she
find an exception to this freedom OF the seas,
and ofneutraI flags which justihes the taking
away of any person, not an enemy IN military
service, found on board neutral vessel.
Iftreaties, British as well as others, are to
be consulted on this subject, 1t will equally
appear that no countenance to the practice
can be found in them. Whilst they admit a
contraband ofwar, by enumerating its articles,
and the fleets of real blockade by defining
it, in no instance do they affirm or imply a
right in any sovereign, to enforce his claims
to the allegiance his subjects, on board neu-
trail vessels, on the high seas. On the contra
ry,-wheneyer a belligerent claim against per-
sons on board neutral vessel, is referred to
in treaties, enemies in military service alone
are excepted from the general immunity OF
persons in that situation and this exception
confirms the immunity OF those who are not
Included In 1t.
It is not then from the law, or the usage OF
nations, nor from the tenor of treaties, that
any sanction can be derived from the practice
in question. And surely it will not be pre-
tended that the sovereignty of any nation .ex-
tends, in any case whatever, beyond its own
dominions, and It's own vessels on the high
seas. Such doctrine would give just alarm
to all nations, and more than any thing would
countenance theimputation of aspiring to an
universal empire of the seas. 1t would be
the less admissible too, as 1t would be appilca-
bic to times of peace as we'll as to times OF
war, and to property as well as to persons.
If the law of allegiance, which Is NUM-
cipal law, be in force at all on the high seas
on board foreign vessels, it must be SO at all
times there. as it is within its acknowledged
sphere. If the reason alledged forit be good
in time of war, namely, that the sovereign
has then a right to the service OF all his sub
jects, it must be good at all times, because al
all time he has the same right to their service