Alexandria daily gazette, commercial & political. [volume] (Alexandria [Va.]) 1808-1812, 1811-11-20
From The New- York Erening Post.

u " NEUTRALS AND DELLIGERENTS. iii al
article under this head, The Press OF Phlla-
delphia, one of our hottest democratic papers,
| has undertaken to Justify all the recent cap
lures and condemnations of our vessels by the
! French, which had previously put themselves
under British convoy. This justification he
| gravely bottoms on the following proposition
| of the law of nations: I" II neutral ship refus-
| ing to be searched, rould, from that proceeding
| alone, be condemned as lazyful trize :" The
proposition has been too often quoted with ap-
| probation by the writer of this article, now to
be questioned; its application, then, to the
| case before US, only remains open Tor examl-
| nation.
After thus stating the law of nations, The
Press observes, " These cases of captures
that had been under convoy require to be de-
Gently, temporarily. intellgibly and judici-
ously examined, considered and discussed by
every gentleman, who conducts or uses a
/ press" And as respectable editor at Bos-
ton, not indeed in compliance with the above
suggestion, for they were both received by
the same naD has taken up the same side of
the question, they shall both be answered at
once.
"Tor what purpose (says the Boston paper)
does an American get under the guns of an
English cruizer, but to prevent being search
ed and taken in by the French He has TO
business there.-He has no enemy to dread :
he cannot correctly refuse French cruizer
the privilege of satisfying himself that all is
fair. If he adopts means to prevent this he
violates the Frenchman's belligerent rights,
and as Vattel declares, on this very account
becomes liable to condemnation, if taken, re-
fusing to be searched"
Il has long since grown into a law maxim
that he zuho comes into a court Of justice TO ask
redress, must always come zvish clean hands
he W no demands satisfaction for an act of in
Justice, must begin by doing justice himself
the belligerent who would avail himself of the
law of nations against neutral, must first
shew that he himself regards that law, and
makes it the rule of his own actions towards
such neutral. That this must be so, is obvi-
Gus to common sense, since, otherwise, the
prohigate and the strong would always have
the innocent and the unprotected entirely In
his power for, while the latter appeals in
vain to the law for his security, the former,
by regarding it only when it suits his own
views, and disregarding it in all other cases,
makes it partial and subservient law, bind
ing on one side only; and consequently no
law at all. The controversy then resolves it.
self into this single question, Does or does moi
The French emheror himset conform to the es-
tabhshed lay ofnations? This question is an
swered, directly, by his own DEGREES them
selves. The Berlin Decree begins by reciting
that as England does not admit the law of ma
tons, as universally acknowledged by all CT
vilized people )" and "that, being right to
oppose to an enemy the same arms she makes
use of to combat others, when all ideas IF JUS
ice and every liberal sentiment are disregard
ed" therefore, (says the Decree) We have
resolved" SC. enumerating eleven articles,
in conformity to the above recital, which,
whether true or false, avowedly proceeds on
the ground that it is in violation of the rights
of nations, and In disregard of all ideas of JUS
tice and every liberal sentiment In like
manner, the Milan Decree, after reciting the
outrages said to be committed by the English,
declares that every ship, to whatever nation
| it may belong, that shall have submitted to be
searched by an English ship, or to voyage to
England sc. I" is declared to be denational-
-Cu, IL hdfC ioiiCilSu tuC piotCCllol Vi It's So
vereign, whether king or president and to
have become English property."-Let me
now, then, ask what we are to think of that
civilian who requires of us the exact observ-
ance of the precepts of national law towards
| nation whose sovereign has formally declared
to the world that he no longer should admit
of any such law as acknowledged by civilized
people, but, that he should disregard all ideas
of Justice, and should consider every vessel
as an enemy vessel, which should conform
herself to that very law now quoted on the o.
ther side, and permit belligerent to search
her; that he should condemn her for that rea-
con alone good and laqyful prize. The
neutral that shall refuse to be searched, (say
our opponents) would, from that proceeding
alone, be condemned as lcryful hrize." The
neutral that shall submit to be searched by
ali English ship, (says Bonaparte) is declared
IN he orood and lawful nri,a Ry tl,a ,,,,,.