The enquirer. [volume] (Richmond, Va.) 1804-1815, 1811-12-12

Which that reasoning has been aCp,ied. The
minister Of state has produced iii aver OF
the principle iii question, the single argu-
nsnt, that he who puts himself under the
protection of another, does thereby take side
with his protector, and renounces the adj
vantages which belong to the quality of
friend as to him against whom he seeks pro-
tcction.--!n vain are the books examined TO
discover the source from which this argu-
nent is drawn (; in vain are history and the
fecords of diplomacy resortcd to, for author
10y or Tor any countenance given to the dos
thine which IL embraces: bat these books
and these records--have they lost their IL
tie to respect have they become 4 dead
iettcr,e His majesty ccrtainl, does not as
sumo to act on principles Unknown to them !;
70 originate Il practice at once underlined in
its limits and rigorous IN its character be-
You'd all precedent /; in hostility also with
the ancient doctrines of Denmark, and 1,
stranger to all her maritime codes: so much
stranger as that it is not found even in
the royal Instructions issued on the 18th
September, 1907. His eXcellcncy the min
tSter OF state supposcs An aCQuiesceuce i'm
this new rule, upon the consideration thatit
is applied to Danish ships rs well rs to
strangers.-Certa;nly the United States will
pever dispute the equity CT p:opre:y Of any
Jaw emanating from his majesty's authori-
ty and applied to his own subjects but !
Is equally certain that they found thei,
rights upon the public law only, and cannot
consent to place them at the disposition of
any partial authority, or to limit them bv
thcconvenicnce of the bclllger ent powers.
1t is not readily conceived how Danish
ships, or ships of the allies os Denmark, be-
me- subject to the capture of the enemy, can
be found under his CONVOY. Vessels car
ryiug such flags and 80 found, cannot but
be enemy's property bat if, by whatever
means, his majesty's subjects do put then
solves under enemy's convoy. they a..
doubtless guilty of 8 nigh crime, and richly
merit all the punishment which his laws IN
Act I; but is the sane rule to be applied 60
the property and to the Citizens off neu-
trail and independent power?
Thus much the undersigned has found j;
l,x duty to say i'll addition to what has bee
before stated, and remain. unanswered re
pecting the principle assumed in the royal
destruction Of March, 1870 but he finds
Uhe part O. The minister's 20 VIII oh, as NC.
Ypprehends, goes much beyond that instruc-
tyon, and which would preclude the neutral
from any kind OfjuStifcatioR Cor being found
ttader eaemy's convoy.
1t were gross dersliction OF the interests
of the United States, should the unders:gn-
ed leave the least room for his cxcellency
to suppose that the American government,
viii accede to the ict o. propounded b, his
exCelency, viz g that neutral vessels found
under enemy's convoy hGvc co facto lost
Their original 9aaihy Of neutrcis." This
idea was certainly more fully and distinctly
expressed in conversation, ard seeing that
there are parts of his excsilency's note
which favor different conclusion, lie ca
gerly seiZcs the hope that it is not really
Intended 70 carry the doctrine to such an
extent yet as, in q matter of such impor-
lance, nothing should remain equivocal the
Undersigned, DESTROYS of laying il before the
President in the most distinct manner, re-
quests that he may be favored with an ex-
planarion as to whatever is susceptible of
inisconstruction.
His eXcellcncy, pursuing the idea above
cited, in mentioning the instructions which
his majesty has now given to his tribunals
to direct their examinations OH American
vessels found under encmy's convoy, says,
" que les preuves les plus evidentes seront
REFUSES pour prouver qu'un navire SOUS pa
yfllon American ait etc sous convoi Ang .ois."
Vet it is hoped that the words ait etc are |
not intended to be connected with what is |
above quoted, but rather that they are to
BE governed by the sense of the words |
Is 'etre mis- sous la protection" found in the
same sentence ; by the words" la recherche
St Passage faites" in the paragraph preceded
by the words" efait hroteger," which will |
bear the same construction iii the para
syaph following, and finally by the words
Id the article 4" d." clause II, of the royal
Instructions of March, 1910, construed |
using convoy" which must be supposed
to mean voluntary use of convoy, and can
not intend vessels which have been forced
iIto or have accidentally found themselves
in convoy. For to Condemn vessels under
such unfortunate circumstanccs-is that the
course of power friendly to the neutral ?
This reflection so strengthens the above
of the words used in the royal
order of March 10th, as not to leave pos
sioility of surprising that his majesty inten-
del that sucl innocent vessels should be az
fectel by it.
The undersigned cannot conclude this note
without expressing MS fall confidence that
the friendly dispositions protested by his
majesty viii dispose him SO to regulate
he conduct of his tribunals upon the con-
voy cases, as to satisfy the Just claims of the
y nited States or without assuring his
eXcellcncy the minister of state, in reply to
the last observation in his note, that the
American government is also fully sensible
to the value OF nc commercial and friendly
relations which have always subsistcd be-
tween the two countries
GEORGE w. ERYING.
No 2