The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1810-11-21

as his own turnpike. Let Sir VIM. Scott's
conscience be instructed by His Majesty .
Orders IN Council, till it become as enligh-
tened and correct as its cabinet keepers at
st. James But let honest Americans, IL
they wish to remain SO, seek surer guides in
their own reason and investigation.
The first principles of our maritime rights
are extremely simple and obvious to those
who are not disposed to forego the use of
their understanding in civillty to those impo-
sing sophists, whose interest it is to deceive
them.
The GoD OF nature has made the Ocean
incapable OF permanent and exclusive occu-
patton. The winds and the waves declare to
man that his residence upon il must be tran
sient. lt is ordained TO be the coMMox
HIGHWAY OF NATIONS, equally free 10 all, az
she bonntyM elements has bear US over ire
surface.
This is a leading principle, founded in the
imnulable law Of nalure, and recognized by
the great writer's of every age, and every ci-
viiized nation, whether christian or heather
whether Philosophers, civilians, or poets.
Another principle growing out of this and
the nature of municipal government, is e.
quaily clear and universally adnlitted-7Ha
ana commissfoned such, or merchontnren
scifh their accustomed hahers, BEAR wrrg,v
7HsIR walls THE soVEREIGY9r OF rHk
NATION TO WHIEH THEr BELosC
From these elementary principles of the
law of nature and nations, are derived those
rules OF right and n'axims of csmity, which
regulate the intercourse Of civilized nations
on the high seas--which makes the Ocean a
grand re,tu6hck,whose subjects are all nations,
and whose just and liberal laws extend their
protection to all the tenants in common to it's
equal rights.
So analogous are the rights of the COM
mon domain Of the Ocean to thosC of free
hishzUay by land, that one may be aptly and
familiarly illustrated by the other The prin-
cipal difference is-the former is governed
by the universal law of nature and nations,
all mankind being its subjects, who choose
TO avail themselves OF its occupancy the
latter is regulated by the municipal laws of
the country to which ii belongs.
Every one has right to hass and rehass
the common highway, and in that mode
which he finds most for his convenience. BGt
none are permitted to appropriate any por-
ton OF 1t TO their own permanent and exclu.
sive use.
That fsortion of the highway, which the
traveller transientLy occupies for the fair pnr.
poses of speeding his journey, becomes sor
the time being exclusively his GUN ; and all
are bound to respect his right.
Whether he walk on foot, mount, his horse
or roll in his carriage, he is, as respects his
fellow occupants OF the highway, invested
with the riyht Q sovereignty, within his own
moving sfhere, TO the exclusion Of all others.
1t one mounted on horse back were per.
mittcd to stop the pedestrian, and search his
pack and his pocket-the latter must be per.
mitted to take the like liberty with the poe,
ket and pOrtmanteau of the former.
Were those who tide with a coach and four
suffered to drive from the highwoy, or run :,
down, those who ventured upon it with in
/eriour Jorce-our rights would no longer de-
pend upon the Mavs Of fJustiee, reason and
common cfvihty, but the hosver of pressing
into our service the greatest possible num-
ber Of beasts Of 6urthen. Jockies would take
the place of Mavyers and our horses become
the PRINCIPAL arbiters of our disputes on the
highway.
Should we concede to the robbers demand,
we must admit Of course that might is right.
The maxims of Robin Hood should be con-
suited, instead of those Of my Lords Coke,
Hale and Mansfield. What we received as
law on land, we could not reject as law on
the ocean. General robbery would be ac-
knowedged as publick law. England might
be permitted to initiate the practice of the
pirate states of Barbary and we should be
consistent to look to her tars for instruction in
all questions of maritime pillage, as their
precepts have the peculiar advantage Of be-
ing illustrated by their practice.
THE VOLUNTEER.