The enquirer. [volume] (Richmond, Va.) 1804-1815, 1810-03-16

for the neutral 10 have adopted course which
would at once have Guided this right Of search.
This difficulty, which had arisen dU,irg every
war for many years past, laid hese--tI,at time
OF war the neutral always suffered Any gentle
man who would take pains to examine Ills sub
Ject would find It throughout suhiec, of great
difficulty In support of tie gene al truth o. this
assertion, Mr.. G. referred to Marshal on lnsur-
ance. and quoted these passages:
" That the right ofvisiting and scachiny msr.
chant ships upon the high seas, whatever be the
! ships, whatever be the cargoes, whatever be the
destination, is an incontestiie right of the
lawfully commissioned cruizers Of belligeren
| nation"
neutral country being in,erposed in any inasner Of
mere force, cannot legally vary the rights of the
belligerent cruizer."
/" That the penalty for the violent cpntravention
OF this right, Is the confsca,ion OF the property
so withheld from visitation and search"
In support otais position, several writers were
cited 10y Marshal. Vgt,e, who was not an Eng
!ish writer, contained the son: POSITION
" without searching neutral ships at sea, says
the writer, . tue Commerce of con.rabana goods.
cannot he prevented There is then right Of
searching. Some powerful nations hays indeed,
at various tines, refused to submit TO this search
AT present, neutral ship reiusin, TO be searched
would from that proceeding alone be condo ned
as Lawful! prize" The course Of evidence at the
custom houses guarding against tie admission of
~.
fectuai Wien had i neutral, for several years
past, Claimed a right openly to carry cnemy,s
property 1t was always covered by neutral
names, WAS il expected that the custom. house
omcer, tribunal OF one party, was, on exparte
evidence, to deprive the ot'-er party, the bellisc-
rent, ot his right MIR. Gold said he spoke oe
things as they are, and not as they ought to be-
al Congress were abou, 10 frame code OF lava
Tor nations, they might inlroduce whatever regu-
ta'ions to the m seemed equitable; but, it was.
they must abide by the established law of natl
ons. There might be the utmost faith in the of.
kcsrs ct The customs, and yet enemies property
might eiude their vigilance, evade the law
Again W hat evidence would the custom house
officers have, whether port was or was not ac-
tusiiy invested when il granted papers to a yes
SCI II 1t were not at the time bioCkaleI, how
could they know that it would not be before the
vessel arrived at IFS place OF destination It was
impossible to guard against this difficulty. What
constituted investment a line of naval force
drawn around port to present actual hazard 10
vessels entering. Would gentlemen admit that u
vesseVs sailing destined to port 5000 miles dis
| tant, should be ground of forfeiture? Mr.. C..
shd lie knew there had been such decisions in
inc courts, but the question was by means SET
| tied "A port not invested when vessel sailed,
might become so before her arrival at il. He
threw out these ideas with a view to show the
difticuity OF any tribunal at SO great distance
frcnouncng on any question relative to blockade,
and giving such evidence on the subjects AS
should obviate the right of search.
In reply To an observation Of Mr. Durwell, tn at
this blu By introducing the principle OF resistance,
would do away the prcteXt of retaliation uut..r
which our neutral rights lad been invaded-Mr.
g. said it would give him pleasure ifthe bel!ige-
cents could De satisfied with this mode of reason
inS There were other difficulties which he had
not time toeSamine The list OF contraband might
| be correct but neutral nation had no right 10
| say that such and such articles alone should be
I hand .,F l.et,,
broad as to exclude all possibility of disagree
inent. He fouNd, on examination, that weden,
and Spain asserted the right TO search neutral vcs-
ses, and TO examine whether the list Of contra
naho articles was correct in principle and 2.
whether the cargo correspondent with the decla-
ration. These were few Of the difficulties which
M T. said presented themselves TO his mind on
! this subject
| lfr MRmfora said that the sentiments express.
| ed oy M. Burwell rad given him great pleasure.
lie hoped that Congress would protect their
own commerce, as they were indispensably bound
by the constitution to do His colleague had
| quoted writers on the law Of nations--he might
| nave found many others-bnt in Europe they
| were considered nothing. Power (said MIR.
NJ } constitutes right; and we, being the wea-
ker on the ocean. are obliged to submit to the
| strong But hope the right of search Of yes-
seIs carrying the productions of our own soil will
| not be submitted to. The gentleman saws he
does not understand how our custom house off,
GERS are to have knowledge OF blockade's taking
place have always understood that notices
OF blockade are given to foreign ministers such
has been the in relation to the blockades by
| france and England. In no other way could
this government have official knowledge of them.
u the gentleman from New York admits the
doctrine OF blockade by proclamation, fer one
cannot agree with him. i do not see now our
trade can be carried on to the continent of Europa
unless you do conSoy-for our manners, dress
and language are nearly similar to the English
that they cannot be distinguished. Now the on
~ way 20 make the character of our vessels I'M
doubted, is to convoy them Respecting the
association OF merchant vessels do not feel con-
iident; 1T is putting too much in the power of
other people TO declare war for YOU If We are to
I have war, wish to have some one responsible
Tor 1t, '{he ofiser commanding the convoy is res
ponsibie to the government, but captains Of mer-
chant vessels are not.
| SIR, we have now arrived at a crisis when n
DehoYe5 every man to come out in defsn &c Of his
country 8 rights. No doubt our countrvroen have
had enough Information paper. You have for
the last three years sent them 5000 COPIES of re-
SOLUTIONS and 5000 copies of long and elaborate
reports OF committees and pamphlets of speech
n es' lhey are now perfectly acquainted with yocr
foreign relations they know and all the World
knows and acknowledges that we nave the bs5;
OF the argument but the people viii not be ga-
tished unless you come out boldly and assert vnup
rights in dgnided manner They oxoect Il
rom you. Several of the state Legislatures have
Patri0.caiy expressed their sentiments 10 yo,, OF,
this su5Jsct IN Language not to be in;sundcr
stood while the legislature of another sta,e
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