Alexandria daily gazette, commercial & political. [volume] (Alexandria [Va.]) 1808-1812, 1810-03-07

nigh. s .llss Al !. I. [; Is
fence. He supf gzle q iSt|
BE made e.btcau5e iE ee1pple
MOTTO Be proceed bnI 8 7 tis6u6 S.
system like this abods sdSpl )
ought 70 be wholly and eN Ar s.
He insisted that It il nov "a time q Il.
tempt to protee. eur trade, when the tcm.
mandsls offoreign vessels, instead Of car
rylns IN our vessels for trial, commit Diem
to the hames Or sink them.
mr.. Etpes said there was No way Of
resisting the orders and DEGREES Of France
and England, but by denying the
right OF search. In order to do this
so AZ not to violate the laws of nations,
we must make our vessels and eargoes en-.
s,rely American, and navigate 'them By
american cit'zsns, SO that the belligerents
shouio nave no pretext to search either for
enemies or their property, or for subjects.
ne declared that the ehjec, of the bill was
to resist by force the orders IN council of
Great Britain and the DEGREES of France.
mr.. Gold stated tina, ths bin now under
consideration, involved principles al i'm.
portant to the commercial interests of the
u. S. ~ The bill denies to the bri;reren..
the right T search, and hence vsyy titf.
cult question is presented for our determi.
nation and II the honorable member from
Virginia (Mr, Eppes can essry into effect
this provision of the bill, without involving
the United States IN war, he will deserve
well OF his country. The honorable mem.
her states, that the pretext for ssaseh is to
discover enemy's goods on board the ueu.
trail vessel and to take away this pretex,,
he provides by the bill, that the custom
Rouse officer shall Examine and exclude
enemy's goods and con,raband from admis.
sion on board Of vessels under this act, and
thereby establish the fact, that all is right
and according to the law of nations. But
sir, there 10 one essential error in this the
DRY, IN assuming that the neutral has right
to establish tribunal or prescribe the evi.,
dence for ascsrsaining neutral cargo and
neutral destination; in not considering that
there arc two PARTIES to the question, the
neutral on one side and the belligrrens on
the other. If. by a project Of the kind con.
tanned in this bill, neutral could elude the
right of search, nothing could be more easy,
ann, IN former wars, this constant bone OF
contention would have been readily remev-
ed, instead o. producing 80 much difficulty
and trouble. ....,-.
= The right Of search appears to be pretty
we'll settled, and it is a. well settled, that
the -"e~s"al u.r.-do uothinK sa.srt pf catering
into ire asr-sti2ulation for RIA, purpose with
the bslliserent to exempt him from the ex
ercise Of this right The principles on this
subject are to be found not only in British
writers but in those of other countries.
Marshall on Insurance, pages s12, SIS.
and a14, lays down the following rules.
supported by authorities " That the RICH,
OF visiting and searching merchant ships
upon the high seas, Whatever be the ships,
whatever be the cargoes, whatever be the
destination, is an incontestible right of tn
lawfully commissioned cruizers OF abelli-
serent nation" !
:" That the authority of the sovereign OF
the neutral country being interposed in any
manner of mere force, esanot legally vary
the rights of the belligersnt cruizer."
/" That the penalty for the violent con-
traven.icn of this right, is the eon6sca;lon
OF the property 80 withheld from visitation
and search" ......-
vattel, page $50, is to the same effect.
IL mas been ssaid that this bill will pro
duce that resistance to the orders & DEGREES
OF the belligsren,s which they respectively
require. TO exempt our commerce from the
rretaliatory effects of those orders. I can
hardly think the'belligerenn xill be salts.
he'd with this reasoning. Each alledses
the other to be the aggressor, and upon .ha,
Prlne!Pie cannot perceive how they will be
sassnsa with measure operating equally
and alike upon both, without regard to the
FIRST in fault.
mr.. Munysrd spoke in favor of the
bill. g.. - :
mr.. 1re UP observed that a. great nj.
elOua! Question yvaa invoIv.d - IN hill