Alexandria daily gazette, commercial & political. [volume] (Alexandria [Va.]) 1808-1812, 1811-12-10
DOCUMENTS
ACCOMPANYING THE
PRESIDENTS MESSAGE.
CONTINUED.
In tie case Of the American shift /" Swift"
ChaalAiin.

CONTINUED.
His Excellency has not thought proper to
reply to the reasoning upon which the under
signed founded his reclamation, which there
fore remains In its entire force-nor has he
produced any thing which can be deemed sa-
tisfactory in support of the principle assumed
in the roval instruction to which that reason
inc has been applied. The minister OF state
has produced in favor of the principle in ques-
ton, the single argument, that he who puts
himsclf under the protection of another, does
thereby take side with his protector, and re-
nounces the advantages which belong to the
quality of friend as TO him against whom he
seeks protection. In vain are the books exa-
mined TO discover the source from which this
argument is drawn in vain are history and
the records Of diplomacy rcsorted to, tor au-
thoritv or for any c0untenance given to- the
doctrine which it embraces: but these books
and these records-have they lost their title
to respect ! have they become dead letter!
His majesty certainly does not assume to act
nm principles. mkDown 20 them to originate
: Dract;ce Il once underlined in Its limits and
rigorous In its character beyond all prece-
dent; in hostility also with the ancient doc
trines of Densnark, and stranger to all her
maritime codes: 50 much stranger as that
it is not found even in the royal instructions
issued on the l4th September, 1907 HIS ex-
cellency the minister of state supposes an &C
oniescence in this new rule, upon the consl-
deration that it IS applied to Danish ships as
we'll as to strangers. Certainly the United
States will never dispute the equity or pro-
priety of any law emanating from his majesty's
authority and applied to his own subjects /;
but it is equally certain that they found their
rights upon the public law only, and cannot
consent to place them at the disposition of any
partial authority, or to limit them by the con-
yenience of the beliigerent powers. 1t is not
readily conceived how Danish ships, or ships
of the allies of Denmark, being subject to the
capture of the enemy, can be found under his
convoy. Vessels carrying such flags and so
found, cannot but be enemy's property; but
IL. by whatever means, his Uaiesty's subjects
do put themselves under enemy's convoy,
they are doubtless guilty Of high crime, s
richly n,erit all the punishment which his
laws intiict: hut is the same r,e to be appli-
ed to the property end to the citizens OF
neutral and independent power!
Thus much tne undersigned has found it
his dGty to say in addition to what has been
before stated. and remains unanswered, respect
inp the principle assumed in the royal instruc-
tion of March, 1910; but he finds one part Of
the minister's note, which, as he apprehends,
ooes much bcyond that Instruction, and which
would preclude the neutral from any kind Of
justification Cor being found under enemy's
convoy.
1t were a gross dereliction of the interests
of the United States, should the undersigned
leave the least room for his eXcellency to sup
nose that the American government will &C
cede to the fiction propounded by his excel
lency, viz " that neutral vessels found under
enemy's convoy hare CT .fzetoiostthrir original
CuaHtv ofnentraLs." This idea was certainly
more fully and distinctly expressed in CONVEX
sation, and seeing that there arc parts of his
excelency's note which favor different con-
chsion, he eagerly seizes the hope that it is
not really intended to carry the doctrine to
such an extent; vet as, III "a matter OF such
importance, nothing should remain equivocal
the undersigned, DESTROYS Of laying it before
the President In the most distinct manner, re-
oues,s that he may be favored with an expla-
nation as to whatever is susceptible of miscon-
struction.
His Excellency, pursuing the idea above
cited, in mentioning the instructions which
his majesty has now given to his tribunals to
direct their examinations on American YES
sells found under enemy's convoy, says, "que
les preuves les plus evidentes seront REFUSES
no,r prouver Qu'un navire sons pavilion A.
Inericain cit etc sous convoi Anglois" Yet
is is hoped that the words ait etc are not in
tendedte be connected with what is above
ouoted, but rather that they are to be govern
ed by the sense of the words "S'etre mis- sou,
Al hrotection'' found in the same sentence !;
by the words g Ia recherche ct Passage .taites, .
in the paragraph preceded By the words +" Sc
ait hroteger," which will bear the Same con-
straction in the paragraph foilowins, and final
il ~ the words in the artiel: " y clause IL,
ol 9 royal Instructions OF March, 1910, con-
sI,,sd s:nsisr convoy," which must be sup
poselto ni2aa a voluntary use OF convoy, and