Alexandria daily gazette, commercial & political. [volume] (Alexandria [Va.]) 1808-1812, 1809-03-30

n,,,st cras .--un!ess indeed The vessel is to
be considered as moral agent and the orr
eiina] owner rs bound in a recegnizance tor
her GOOD behavior fora given TINS --qndef
any other view itwould certainly be as rea-
sonablc 10 the secretary Of the treasury to
order suit against TIE American exporter
Of -four which shnuld after sale at 8iadcl-
ra or. St. Bartholomew be shipped BY the
foreign purchaser to a French Or English
nort. as against the original owner OF an
American vessel which being sold, as she
legally might be, at eishsr OF those ports,
should be used afterwards By the ioreign
purchaser in trade witk the ports OF Eng
land or Frarce-could the trade CT TO-
.re;cner thus carried on between two foreign
nations. in vess.I which was no longer
vessel of the United States or owned IN
whole or in partly an American citizen, be
construed with any shew of reason into an
offence against the United States, or could
any greater degree of criminality attach TO
the vessel than 10 the American Hour with
which perhaps she might be laden. l ana
astonished, contfet.s, that such an opinion
can be seriously advanced. a ship OF the
United States it is admitted is bound blythe
laws of the United STAGES at home or a..
bread. but when she has been legally sp|d
and transferred to fore.gne III tor1 IN
port and her American papers withdrawn,
she is nc longer vessel ofthe United States
nor within their jurisdiction, and conSe-
quently, should presume, noI a9eeaaoie 20
their laws.
1.-THE opinion which have entertained
upon the foregoing subject In conmoa with
the merchants in general, be correct one,
the most charitable motives which can &c
attributed to the cabinet for the Pervcrsion
Of tie law, are that conscious Of is defects
and foreseeing that under a lair construc-
ton of it nauy American vessels would be
sold abroad TO enable foreigners % carry On
that part ofour commerce which has been
voluntarily sacrificed by Our own unwise re-
strictions, and would OF course carry with
them into foreign service a great number Of
American seamen. they'have undertaken 10
amcnL tie Mr0, by a construction forced, I'm
natural and destructive OF private rights.
What shall an American citizen be de
priv1d by secretuy's circular, Of the right
of ownership over his property and be for
bid TO sell abroad thai which the policy Of
his own government has rendered Of SO lit
tie value at home Is the system Of per-
secution towards the comnlerc iai com nunity
nevertocease But we may De told that If
the construction adopted has been al moor
rect one. an appeal may be had to the lldici-
al tribunals OF our couGtry-ztrue, and |
thank God that we have yet the right OF ap-
peal to an enlightened and independent ju-
dietary. But what would be the situation
Of a merchant Of small capital when prose
cuted by the United States for the penalties
of bond perhaps double in amount to all
his estate He is kept in q state of cruel
anxiety for years, his credit is suspended,
his business suffers, and finally if the courts
should decide in his favor, he has yet to
bear the costs Of TIE prosecution to which
he has been subiectedby executive consuuc-
ton. trust, however, that the American
spirit is not yet SO broken by oppression or
the vexatious restrictions OF too much regu-
lation that We can for a moment forget the
Distinction between executive mal.uates
and the laws CT lie country.
A MERCHAN-.
ALEXANDRIA, Narct 30, 1909.
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