The enquirer. [volume] (Richmond, Va.) 1804-1815, 1809-05-09

FOR THE ENQUIRER.
INpnxssmENr OF sEAmENa

ingenious Essays, winch ne Is now publish
ing. against the British practice of impress
ing seamen from american vessels. If
Timothy Pickering has a single Achilles
heel in his whole nervous composition, he
must agonize under the attacks of this gen
tleman.-The British practice of impressing
out of American vessels evidently rests upon
a much weaker basis than the impressment
out of their own vessels-yet even this last
measure has nothing better Justify Is IL than
necessity and the courtesy of usage. Their
most sagacious patriots have admitted it to be
repugnant to the provisions of Magma Char
ia and the spirit of the British constitution.
Some able statesmen have justified it /; but
upon no other grounds than the necessity of
the case, which has no limits and is always
the Tyrant's plea, and usage, which gene
rally begins in the darkest ages.
Sir Michael Foster, whose great argu-
ment in 1743 has been the Textbook on this
subject, grounds the speculative right upon
the " necessity of the case in order to
the preservation of the whole" society, and
rs to the point of lazv, asserts that this right
is a prerogative inherent in the crown,
grounded upon common law, and recognized
by many acts of Parliament. He defines the
common law to be a general immemorial
usage, not inconsistent with any statute"
He admits that there is no direct statute
law of England to sanction the practice
1t would seem that the British government
nlent were afraid of bringing this question
to trial, as no case had ever come before
the courts, down to the time of Foster. The
case which he decided was that of Alex
ander Broadfoot, who had killed one of a
press gang, in an attempt to take him.
Foster, however directed the jury to find
him guilty of manslaughter only, on the
ground ofinformaHty in executing the trees
warrant. And though this plea was suffici-
mt to decide the case, he slept beyond his
vocation to vindicate the general right ofim-
pressment.
Lord Chatham csnnived at the practice,
and indirectly justified 1.-THE celebrated
Junius asserts, that this right is '' founded,
originally, upon necessity which supersedes
enlargement, established by usage immemo-
rial, and admitted by more than tacit as
Sent of the legislature" He, however, re-
quires, that the symptoms should be soften
ed, though I" the distemper cannot be cured.
Let bounties be increased as far as the public
purse can support them. Still they have
limit; and when every reasonable expence
is incurred, it will be found, in fact, that the
spur OF the press is wanted to give operation
to the bounty"
Different substitutes for this evil have
Been proposed in G.. b. u How are these
things "orderedin France PIT is believed,
men who are, or shall arrive in port, and
that when the government wants certain
number or them, certain IN ohortion is
taken by draft, or some species of sortition.
1t is therefore more fair each seaman STAN
ding upon equal grounds.
In 1850, in the reign of George III. the
Ministry introduced a bill for registering all
seamen, watermen, fishermen and lighter
men throughout his Majesty's dominions.-
This was rejected or its second reading.-It
was however revived at the next session
by this scheme, the justices of the peace
were empowered issue warrants to consta-
bles and headboroughs to search, by day or
night for such sea faring men as should con-
ceal themselves within their respective jul
risdictinns. These unhappy wrstches So dis
covered, were TO be dragged into the service,
and their names entered in a register to be
kept at the Navy or Admiralty Office.-This
bill met with violent opposition. MIR. Pitt,
afterwards Lord Chatham) expressed the
utmost indignation at such measure. 1t
was this occasion that drew forth that &C.
LIBERATED attack on Mr.. II. Walpole, which
ingenious youth is SO fond of quoting against
the corruptions ofage. Mr.. Walpole reflect
ed upon Pitts youth, " and observed that
the discovery of truth was very little pro-
NOTED by pompous diction and theatrical
emotion" Mr.. Pitt rose and said, +" He
would not undertake to determine whether
youth could be justly imputed to any man as
areproach but he affirmed, that the wretch
who, after having seen the consequences of
repeated errors, continues still to blunder,
& whose age has only added obstinacy to stu
pidity, is surely the object of either abhor-
renee or contempt, and deserves not that
his grey head should secure him from insults
much more is he to be abhorred, who, as he
has advanced in age, has receded from vir-
tue, and becomes more wicked with less
temptation; who prostitutes himself for mo-
ney which he cannot enjoy and spends the
remains of his life in the ruins of his country. .
After long debate, the severe clauses were
abandoned, and the bill passed with amend
ments.
In 1749, the government, says Smollett
=" found great difficulty in pressing men for
the service OF the navy-a practice, which
however sanctioned by necessity, is never.
theless fragrant encroachment on the liber-
ty of the subject, and violent outrage against
the constitution of G. Britain. The minis.
try, therefore, had employed some of their
agents TO form scheme for retaining in time
of peace, by means of a certain allowance, a
number of seamen, who should be registered
for the purpose, and be ready to man squa-
dron upon any emergency. The House oil
Commons being moved upon this subject, a.