Martinsburgh gazette. [volume] (Martinsburgh, Va. [W. Va.]) 1810-1825, 1811-07-12
Whole No. 6S2.

his conduct was the result of previous or
ders from the Executive: in fact, to pur-
sue the British frigate Guerrier, which not
long before, had impressed an American
citizen, from one of our coasting vessels.
Commodore Rodgers says he was II or Is
leagues from that part of our coast called
Cape Henry, when sail was discovered in
the East; that he gave her chase, and con-
tinued il for more than six hours, before he
came up with her; the vessel chased, all
that time endeavouring to make her escape :
for though the commodore could not see
her SO clearly as to Judge what was her size,
it is plain she saw the vastly superior size of
her pursuer, or she would not have run from
her. These and some other circumstances,
which may afterwards be noticed, prove sa-
tisfactorily that this unwarranted chase was
in execution of previous orders; without
which Commodore Rodgers, as command
ing neutral armed ship, would not have
felt himself justihed ir making it. The
same government paper confirms this COM
clusion: for the commodore having rcqucst-
ed formal inquiry into every part of his
conduct in the case, that paper informs rs
that the President refused to grant his re-
quest--because he approved of the commo-
dore's conduct. This, indeed, has not
been said in that newspaper under the hand
of the President, or of the Secretary Of
the Navy; because there is possibility
that hereafter it may be convenient to say
that the editor made the publication without
authority. Certaini is, that although near
month has elapsed, We have heard of no
inquiry. I take it for granted there will be
none for if faithfully conducted, the com-
modore, for his own justification, would
be obliged to produce his orders which
might officially expose the Executive TO
merited censure for authorising an act Of
War.
Let us, for moment consider the act of
chasing. In time of universal peace, il
vessels of the same or of different nations
were to meet on the high seas, and hail each
other, asking their names and of what na-
ton they were, or any other civil questions,
no one will assert that either is obliged ia
answer. The not answering may be an cvi.
dencc of churlishness but the refusal to
answer would not authorize the firing of a
single shot. lust as If two citizens meet-
ing in the highway, and one civilly accost-
ing the other, is passed without an answer
and unnot;ccd,--no one would Justify the
former in using his pistol or his cane to kill
or beat the other because he was deficient in
politeness. But when nation is engaged
in war, and sends out its armed vessels to
cruize on the sea, the common highway of
nations, then the right to chase, to hail, to
REQUIRE an answer, to board, and TO search,
and eventually to attack, accrues to the ves-
sells of the nations at war--becausc they
have right to capture those of their ene-
my. For without these rights, anaval war
would be uscless--or rather could not exist.
The neutral armed vessel on the contrary,
seeing her nation is at peace with all other
nations, possesses none OF these rights
because not necessary to any of the objects
of neutrality and peace: on the contrary
she is bound to avoid every hostile act, ex-
cept in her own defence when unjustly ate
tackled. When she meets belligerent
armed vessel. tits her duty if it be dema9d-
ed, to make known her neutral character,
to prevent the shedding of innocent bloo4,
and the evils of war hazardcd by refusal
to answer. As neutral, she has no evil or
Inconvenience to apprehend by making her
neutrality known. She has no right to
chase, to hail and insist upon an answer, TO
board and to search, because she has no
right to make a capture. The American
frigate, then, having none of these rights,
is responsible for all the evils consequent on
the chase, and the concealment of her neu.
trail character. Commodore Rodgers as
signs but one reason for giving chase; and
ifhe had not another resting on special or
ders from our Executive, he must be per-
sonaIly responsible for the blood that has
been split. The chasing of the British
vessl being an unlawful act, the killing of
her crew, as the direct consequence of that
unlawful act, is murder. And the Conn