Alexandria daily gazette, commercial & political. [volume] (Alexandria [Va.]) 1808-1812, 1809-12-09

sidered, they donot tell US; but we tell
them.why she should not. The members
of floating colony will declare, by their
language, TO what nation they belong. $500.
whereas the real owners and proErlrtors Of
a dead cargo can only be, discovered by
search and examination of papers. But it
vessel under an American flag should be
discovered with troops on board, they
might, if they liked, tell US that they were
an American colony yet if undiscovered
that every man of them spoke French, we
should most unequivocaliy bring them to
England and so we trust We shall continue
to treat cargoes, which by their papers, or
any other satisfactory documents whatso--
ever, speak only the language Of our ene-
mics.
The SEAS" says the rescript, belong
exclusively to no nation; they are the COM
mon property Of states, the domain of all.
True and it is on this very principle
that we claim the right of Selling what be-
longs to our enemies upon them. We do
not seize a French vessel in an American
harbor, because it is there protected by its
position lit is situated not upon COMMON but
upon EXCLUSIVE property and the neutral
condition of the proprietors gives It pro-
lection but we do seize a French vessel
upon the seas, because they are common
property, and NO one thing has there a right
to give it protection. 1t has no other claim
to safety from its enemies than that which
it derives from superior power.
Merchant vessels of an enemv," it is
said, being the property Of private indi-
viduals ought to be respected" This is
new law! We will defy all the scAvANs Of
France to point out any period of either an
cient or modern history when trading yes
sells were not considered as legal capture
The practice of maritime and land warfare
admits Of no similitude whatever in this
respect; nor do warehouses or shops bear
the least analogy to mercantile vessels. An
enemy respects the former so far as he does
respect them, because they are deemed ne
cessary to the sustenance Of the perceable
inhabitants on the spot but when mer-
chant vessel is captured, the captor supports
the inhabitants of it himself, and carries a
way the general property, upon the princi-
pie OF distressing the nation to whichit he
longs !; and this has always been the prac-
tice.
But had we, it Seems, possessed the same
superiority by land that France does, we
should have endeavored to carry the mari
time law into that element, and conhscated
/" houses and churches" we suppose. The
falsehood of this Hypothetical SANDER is
evident because, in tue case of terrene
captures, though really affected BY the pre-
ponderance OF our navy, we strictly adhere
(nor eve, thought of doing otherwise) to
the established laws of terrene war and
the FIRST article of all capitulations of Islands
is, that private property shall be respect
ed !" We require no more than that France
shall shew the same Difference to the laws of
war established by sea and this, we trust,
we shall make her do.
We come now to the winding-up Of the
whole affair, which we shall briefly dis
patch. We are to revoke Gu, Orders in
Council. and she will annul her decrees."
To this we may reply, that her DEGREES al
ways preceded our Cabinet Orders, and
that if she abolishes those, these will ex-
pire Of themselves. II would be matter
Of small consequence, however,which yield
ed first but it is Of infinite importance to
us not to give up more than we have been
obliged to seize, nor to retire farther than
we have advanced. We shall not surren-
der one title of the ancient maritime law
of Europe along with these new enact
ments which we have been forced to
make by the violence ofour enemies. " A
merican vessels may" as the document be-
fore us states, "be assured of finding, in i, |
harbors Of France, favor and protcctioi |
but they shall not convey French g ohial
produce thither.