Alexandria daily gazette, commercial & political. [volume] (Alexandria [Va.]) 1808-1812, 1812-03-09

slDIllty II not correctness, that tho.
tand same principle is applicable ~ s tut.
private slips; and since il Is ~ p;aonss. a
private ships entering without shes; ..sa a;t
become SUBJECT to the local luriss, e, 'Se'es
demanded or What authority an exr. pi Is
made in favor Of ships of war. A'ep@ i;
1t is'by no meals conceded tb..
vessel really asailing herself of an ss' a.p''1s
vided by treaty, aad Tot attenn,;n.' -"
would become amenabe to the Local iu, sas'
ton unless she committed some a. ta lSFsi''
The protection she c'ai,i.s under comn lo'asFg
the contrary, motives may be .sl p1e~ 0l
stipalating and according immun;,;ess .se f'
sells in cases OF distress, which wonsa N'es
demanded Tor or allowed to those MN. "U be
voluntarily and for ordinary purpes Sa '' II
this part Of the subject, however ~. Va
does not mean to indicate any opi,inn 's N
case itself may possibly occur, and on,. N'
to be prejudsed. sung
Without deciding how far such s,ino,,.;
in favor Of distressed vessels as are ns~I Ve
treaties, may exempt private ships from o',
Jurisdiction Of the place, it may sa(elv H. ~
serted that the whole reasoning UPON vh;aI
such exemption has been implied il olasa
ses, applies with full force to the cyemn,;
of ships Of war in this. f"N
1t is impossible to conceive" saws vo..,
that 4 Prince who sends an ambsssador
any other minister Can have any intention =
subjecting him to the authority Of l@s;a.
power and this consideration furnishes
additional argument which completely espb
fishes the independently of public miiuis.,
If it cannot be reasonably presumed thai
sovereign means to subject him to the author.
| ity of the prince to whom he is sent, the l,,.
ter, in receiving the minister, consents 10 ,,.
! NIT him on the footing of independently and
! thus there exists between the two princes
tacit convention which gives new force IA
the natural obligation"
Equally impossible is it to conceive, what.
ever may be the construction as to prva.
ships, that prince who stipulates passage
for his troops, or an asylum for his ships Of
war in distress, should mean to subject his
army Or his navy to the jurisdiction of a 70.
reign sovereign. And if this cannot be pre-.
sumed, the sovereign Of the port must be
considered as having conceded the privilege
| to the extent in which it must have been IN.
derstood to be asked. 81
To the court i: appears that where, with.
| out treaty, the ports OF nation are open to
the private and Daaiic slips of friendly pow
er whose subjects have also liberty without
special llcence to enter the country Ter busl-
ness or amusement, aclear distinction is be
| drawn between the rights accorded to private
individuals or private trading vessels, and
those accorded to public armed ships which
constitute part Of the military force OF the
nation.
The preceding reasoning has maintained
the propositions that all exemptions from
territorial jurisdiction must be derived from
the consent OF the sovereign OF the territory
That this consent may be implied on expressed
ard that whsn implied its extent mdst be re-
gulatcd by tbs nature OF the case and 1he
views under which the parties requiring alc
cnnceding ii must be supposed to act.
When private Individuals OF Ole falOl
spread themselves through another as ousi
ness or caprice may direct, mlngllng ho!s''i
Intimately with the inhabitants of tiat Quiet
or when merchant vessels enter Tor the p''
poses OF trade, it would be obviously lncoH'e
nient and dangerous to society, and weuId S ~
ect the laws to continual inlracton, anG V'
government to degradation, it such Iloi'iuu1'
or merchants did not owe temporary OF ~"
allegiance, and were not amcnabie 10 cD0 -
risdiction of the county Nor can ne ~'e'S
SOVEREIGN have any motive Tor wish'ns ' ~.
exemption. His subjects thns Pas1"s I i,r
foreign countries are not employed Oy ~
nor are they engaged in national p''s .,. e.
Consequently there are powerful il'o!.o f.on
not exeppting persons otthiS description ' ~.
the jurisdiction of the country III wi'cn ~"
are found, and no one motive for requiring
The implied llcence therefore under w., .,r
they enter can never be CONSTRUCT "
such exemption. ...,,.;o
But III ali respects different is the s :.'a.
II a pun'ic armed ship. She con'I''' A..
part q The military force other nation. .nd {
r