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

CSSs.
that discipline and to inflict those punish
Z, en,s which the government Of his army may
require.
4 But if, without such express permit, an ar
my should be led through the territories OF
foreign prince, might the jurisdiction OF the
territory be rightfully exercised over the IN
dividuals composing this army
Without doubt, military force can never
gain immunities of any ether description than
those which war gives, by entering foreign
territory against the will OF It's sovereign oul
il MS consent, instead of being expressed y!
particular license, be expressed ny general
declaration that foreign troops may pass thro,
a specified tract OF country, distinction DC
tween such general permit ana particular
license is not perceived. 1t would seem rea-
sonable that every immunity which would DC
conferred by special license, would be In
like manner conferred by such general per-
nit.
We have seen that license to pass through
a territory implies immunltles not expressed,
and il is material to enquire why the license
itself may not be presumed!
II is obvious that the passage Of an army
through foreign territory will probably be at
all zines announcement and injurious, & would
often be iinmiaently dangerous to the sove-
reign through whose donilnions it passed
Such a practice would break down some OF
the most decisive distinct ions between peace
and war, and would reduce nation to the me-
cessity OF resisting by war an act not abso-
lutely hostile in its character, or OF exposing
itself to the stratagems and frauds OF power
whose integrity might be doubted, and VINO
might enter the country under deceltiui pre-
texts. 1t is for reasons like these that the &C.
neral license to foreigners to enter the doml-
Mons of friendly power, Is never understood
to extend to military force and An army
marching into the doniinions OF another So
vereign, nlay Justly be considered as com
hitting an act OF hostility ; and, II not op-
posed by force, acquires no privilege by Its
Irregular and improper conduct. 1t may,
however, well be questioned whether any o.
thcr than the sovereign power OF the state
)e capable OF deciding that such military COM
mander is without d license.
But tie rule which is applicable to ar
mics, does not appear. to be equally aPplica-
bic to ships OF war entering the ports OF
friendly power The injury iaseparable from
the march OF an army Though an inhabited
country, ard the dangers often, indeed gene
rally, attending it, DO not ensue from ADMIT
ting slap OF war, without special license,
into a friendly part A different rule there
fore with respect to this species Ut military
force has been generally adopted. If, tor.
reasons OF state, the ports OF a nation &C.
morally, or any particular ports, be closed
agains, vessels OF war generally, or the YES
sells of any particular nation, notice is usual
ly piyen of such determination. 1t there be
no prohibition, the ports OF friendly nation
are considered as open,to the puohc sh'Ps
of all powers with whom 1t Is at.peace, and
they are supposed to enter such ports ana
n remain in them while allowed to remain,
under the protection OF the government OF
the place.
In almost every instance, the treaties be-
tween civilized nations contain stipulation to
this effect in favor of vessels driven in by
stress O. weather or other urgent necessities.
In such cases the sovereignls bound by com
pact to authorize foreign vessels to enter his
ports. The treaty binds him to allow vessels
in distress to find refuge and asylum In his
ports, and this is a licence which he is not at
liberty 10 retract. Ii would be difficult to as
sign reason for withholding from llcence
thus granted, any immunity from local Jurls-
dction which would be implied In special
licence.
If there be no treaty applicable to the case,
and the sovereign, from motives deemed ade-
ouate BY himself, permits his ports to remaln
open to the public ships Of foreign friendly
powers, the conclusion seems irresistible that
they enter by his assent. And if they enter
bv his assent necessarily implied, no just rea-
son is perceived by the court tor distinguish
;ner tb,s case from that Of vessels which enter
In all the cases Of exemption which have
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