The enquirer. [volume] (Richmond, Va.) 1804-1815, 1809-06-13
THE ENQUIRER.
RICHMOND. JUNE IS. 1859
FOR THE ENQUIRER.

he oenGfe. Of the United States is at
this moment employed in discussing tie
propriety of retaining so much of the non
intercourse law, as prohibits the entrance of
armed 'peSSels into orr ports. This is now
the only provision of that law, which applies
to Great Britain. Mr.. Giles has brought
forward a proposition, to make this restric-
ton a sort of Permanent regulation-appli-
cable to all the public ships of all eoreign
|states :
That we have right to make this regu-
lation, is not to be doubted. Ithas been ey-
ercised by some nations---it is asserted by
all the soundest writer's on the laws of ma
tons. 1t is a mere municipal regulation
which, IT it be exercised with imbarliality,
is strictly compatible with the nature and
rights ofneutrality. 1t flows, indeed, from
the very idea of the So7,ereignty of a nation.
The same right which any government has
to make laws. for the land, it also possesses
to make laws for its own harbors, and those
7cafers which are embraced within the
sphere OF its maritime jurisdiction. This
theoryis most clearly and succinctly stated
by Azuni in his treatise on Maritime
Law ;" the only writer on the laws of natl
ons, whom shall quote, and to him indeed,
the reader Will be :ibundantlv indebted fc.
the greatest part of this sketch. What saws
he, page ISL, vol. Il? "1'hs sea, as well as
land, ought to be considered as consecrated
to the wants, the conveniences and eniov-
ments OF man. In this point Of view, it pre-
sents the same properties, and the same
considerations that gave rise to the establish
ment ct territorial sovereignty. All that is
SAID OF land, as to the principles and effects
OF domain and empire, is applicable, there
tore, go territorial seas.-Domain extends to
| those things only, which may be exhausted,
by use, and are easily occupied. The pro-
'luctons OF the sea are limited. The land
does not yield the same fruits in every regi-
on, nor does the sea, in all parts of the world,
aHord the same riches Coral, pearls, am
Der, tunnies and whales, which constitute tin
richest class of marine productions, are found
Only, orat least in great abundance, in the
Red sea, on the coasts of Sardinia, i'm the
East, at Greenland, and the North Can it
he doubted, that the rich pearls of Bahrem,
ell Salt, Ceylcn, may lawfully become the
property OF an individual ?" Again-"E-
! very nation may appropriate things, the use
OF WHICH, it lett free and common. would be
greatly its prejudice. This is another rea-
son, why maritime powers may extend their
domain along the sea coast, as far as it is pos
sIoie to defend their rights. 1t is essential
to their security and the welfare of their do
mnions, that an unlimited freedom of ap-
proach TO their territories, should not be al
lowed TO every one, especially with shifts Of
7par, whose presence may prevent the &C
cess OF commercial nations, and interrunt
navigation.--lf we attend to what anthem
writers have said, on this subject. as we'll as
to the history Of every age, we shall find
that the right OF the sovereigns of the sea-
coast, t7interdict heiships of strangers from
entering 9r approaching the harbors and
ROADS, WITHIN their dominions, has been es-
tablishet without interruption"
This idea OF restricting the entrance Of
public ships into the United States, has been
adopted as the foSicy of some nations. The
Egyptians shut their ports against strangers.
I" The Greeks obliged the King of Persia
not TO allow his fleets 20 approach their coasts
nearer than the distance of horse race lin
pou dromos) he even bound himself not to
navigate, with armed vessels, within the Cv-
ranean rocks, and the Chelidouian islands %
:, On tire same Ifincihie, says Azuni, is
founded the usage, constantly followed by
the powers OF Europe, of not admitting into
their ports, whole fleets Of other nations, but
only 81 certain number of ships, except they
oeiong 20 their allies" Mabiy, in his Droit
tHbhc dr FEurohs, tom. 2. p. 500 states,
that this number is commonly confihed to
sir ve&aeis. in the treaty between ENGLAND
and Holland, in 1867, the nhfnbcro of ships Is
fixed at eight. lnthe treaty between France
and the King of the Two Sicilies; in 1876,
the number of armed Ships is confined TO
J0ur. These .f0cts evidently confirm aho-
Their of Mr.. CHESS ideas that this is one of
those things which may be properly regula-
ted by treaty.
In subsequent part of his work, NJ. A2u-
nj more specifically treats this subject. He
devotes one compeat Article to the "rfght
q asylum granted to 6etGgerents in the
horfS or seas ofHeutrais." lie distinguishes
two very different modes of proceeding,
which have been adopted by neutral nations,
IN admitting intotheir ports the privateers or
ships Of war of bel!igerent powers. "I'ne
usage OF some ports, says he, is to grant to
privatcers, or armed cruizers, permission
only 20 anchor in case of immediate danger,
| and TO supply themselves with such articles
OF the first necessity, as they may want,
! without allowing them n free communication
WITH the land, or permitting them to come
| on shore; SO thatthey are treated as if they
were injected with some contagious disease
| When the sea has become calm and they
have supplied themselves with provisions
they are obliged to- set sail and depart immc-
diately with their prizes. Such was the prac-
t,ce adopted liz the ports of the King of the
] NO Sicilies, during thc famous war Of 174O
and 1856, and by the King Of Sardinia, III the
war OF 1776.--PriVateers and ships of war
are received with more indulgence in other
states. After the government of the port
has ascertained that they are lawfully arm.
ed, after they have Complied with ali the re-
f. quisite formalities, in regard to health, and
have undergone the quarantine, to which yes