Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1811-06-17

to the courts of law in Scotland and Eng
| land over persons offending against the statute
Epithts four leagues oj'the coast
Thus the British, in their code of municipal
law, have assumed the jurisdiction 6eyoad
| the Mree leagues established by general Gus
tom, no doubt conceiving it essential to the
proper administration of the laws of the coast.
But the Esd sectidA ofthe act FROM which i've
hafe already quoted, applies Sfarticularly
as 8 dsr wl had l msds
it tine special yAe OF hiS<tsnduct:
Sect 23 And it, hefNpy further enac-
ted by the AUTHORITY aforessal, That in case
any ship or vessel liable to seizure or exam-
nation by this or any other act parliament
IN force, ShaNnot bring 20 on 6eNg required
50 10 90, or being chased by any cutter or G
Their vessel, III the service OF his maiesty's
navy, having the proper pendant and en-
sign of his majesty's ship hoisted, &c. &c. il
shall and may be lawful fer the captain or
master, or other person having the charge or
command of such cutter or other vessel, in
the service Of his majestys navy, &c. to shoot
at, or INTO, such ship or vessel s,hich shell
nos bring to, after such colors shall be so
hoisted as aforesaid, and gun shall have
been fired by such cutter or vessel as a sig
nal; and such captain or other officer, and
every person acting in his aid and assistance,
or by his direction, shall be, and is hereby
unidentified and discharged from any penal
ties or actions for damages for SO DOING
Here, then, we find perfect conformity
betwqen,the case of the Little Belt and the
casef recognized by the act OF the BritiSh par
lanHnt.. by the. law Of nations Gas Ne have
seeItfror MarteiF,) the United Suites have
rig t~tt .Aaintain the dominion Of their
coastA eyN7d ting distance of three leagues
from the land, Gas the British fdo,) inasmuch
what is more, they have sTig4 to mainta in
it by armeds veseis. UySer thisyight, guar
anteed by the law of yStions, cnAiegisiated
4tion hy The B'isieh Parliament, cHpmodore
Rodgers acted Na&d the circumstances
or his conduct so far correspond With the
provisions of the British statute from which
have quoted, as to be precisely such as they
enjoin: for, in fact, the Little Belt had been
hoUering within our limits, commodore Rodg-
ers chas ed her, having the ensign and hen-
dant of the United States hoisted, she did nor
bring 10 after such Colors had been so hoisted,
even refusing to answer when hailed, firing,
at the same time, shot at the President,
(Which, by the act ofthe Bristish parliament,
nlutatis nlutandis, would be felony, ) and COM
modore Rodgers did shout az or izto'' her
as the British statute ordains. The ONLY diff
terence between the cases contemplated by
the act Of parliament and the case of the
Little Belt is, that the act of Great Britain
authorizes such proceedings for the infracti-
on OF rule OF municipal law, whilst the pro-
ceedlngs on the part of commodore Rodgers
was for an infraCtIon of the law of nations:
that is, for an offence of as much higher
nature as the maritime rights of nations are
superior to cask of brandy.
Indeed, the authority of states, in relation
TO the preservation of peace and good order
on their coasts, to reasonable distance from
the shore, is as old as the tempests or, at
least, as ancient as the establishment of So
cieties of men on the borders of the sea and
the invention of boats and such authority
is consonant to that principle of the common
law, universally acknowledged by all the
common law courts both in Great Britain
and America, which prescribes, that gvhere-
soeUer men haze the right ofreSidence, they
haUe also tie right Of a free fasSage TO and
iron, that residence which it is evident they
cannot have, where the way is obstructed by
armed men or armed ships, whereby they
are questioned, harassed, and detained
Hence it that (see Martens, book 4, chap.
4, sect. o. 1. The three straits, between
denmark and Sweden, are under the dom-
Mon, and have been looked upon as the pro-
IT,
channel, between Scotland and Ireland, is
under the dominion of G.. B.: 5. That the
straits OF Sicily are under the dominion of the
king of Sicily: 4. That the Gulph of Both
MIA is considered as being under the dominion
of the king-.of Sweden: S. And that the
Black sea, the Egear Sea, the Bosphorus of
Thrake, the Propontis and the Hellespont,
are FIJI undeHthe dominiop Of the Turkish
emBire. Ofer nations have disputed with
ENGLAND heIEcAm to the dominion, and in
par6to the Aroperty, of the -FOUR seas that
surround her,'pani9f larly thk British chan
mel and'the straits~f Dover% they formerly
disputed with the republic of Venice her
claim to the dominion oy.eF the Adriatic, and
with Genoa her claim to the dominion over,
the Ligustic sea and more than one dispute
has arisen concerning the dominion over the
Baltic. But these disputes have occurred
from the very principle of right for which /
contend, namely, the right to exercise a ma
tional conservative authority within a rea-
sonable distance from the shore as it may
be observed on "A recurrence TO the maps,
that the opposite borders Of the disputed seas
are inhabited by different nations, each of
which has denied 10 the other AN entire iu-
risdiction over a body Of water TO a moiety
OF which they were equally entitled. This
doctrine does not in the least infringe upon
the fundamental principle Of the freedom Of
tie ocean, (comprehending the great seas Of
the world, such as the Atlantic, the Pacific,