Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1813-06-03

port oil the preiension OHthe principle of ale
GRANGE and the right Of search for enem,
goods and contraband of war The right o
search, they alledge, for such goods and con
raoand Cannot be disputed; and IL, in the &C
tusi exercise OF this right British born sub
Je S Is recognized, hem may be seized and borne
on III virtue OF ms allegiance This argument
Iairiy oeSS the question itadmts, in terms, that
GREAT britain possesses no right whatever TO
visit neutral ships for the purpose of Impress
nieht' Having no right TO enter for this object,
,he pretension To enforce the practice as Incl.
dent 10 right OF smother kind is preposterous.
IL Is known maxim OF law, that where 4 man
hath no direct legal authority to do thing, he
cannot do 1t by indirect All hority The enter
ing the vessel Is to search for merchandise,
ana not Tor men--and merchandise, too, not be
=" Si"g TO subjfc.s OF Great Bri ain, but to those
OF her enemy. The right search, being bel.
lgercnt right, begins and ends with war, and re
Ates noi TO persons or articles of the party
searching, bu entirely to articles, &c. belong
ns 10 the zoe or proceeding in aid of the Toe.
nu'' I'D meet the sdversaryA y, this argument on
h's own assumed ground, ietas trace the pr.c-
tice on the justification alledged G. Britain
oeiiigerent, has right TO search American,
NEUTRAL vessels for ensmy goodsand contraband
war. 10" Is this right 70 be enjoyed under
.he law OF nations Referring 10 tIs inner adj
dressed by Sir William Scott and Sir linn Nioh-
OIL 10 MI Jay in 1884, We find it there sta
CO. mat before the slip, or goods, can
DC disposed ct by the cap,or. there must
DC regular judicial proceeding. where
IN oofh Partfss may Be, heard; and con
oennatlon thoreupon as pfize, in . court o,
:, al n!rsiy, Judgi'S BY thslaIs>of nations and
"t.'+e' ne ev.dence 20 acqu or onCiem
i. W. OF WITHOUT costs or damages, mus, in
the hrst insianc' come mer1ly rom The ship
TAKEN, VIZ the paesrs on board, and the exam
ha'oh, on oath, of the master and other
principal officers: II there do not appear
from thence, gr' und TO condemn, as enemy's
properly, an contraband goods going TO the
enc my, there must be Sn acqultta unless
rom the aforesaid evidence, the property
shail appear so doubuuistRatit is reasonable
20 20 into further proof thereof liza seizure
~ made without probable cause, the cantor
Is a'iJudged Ia pay costs and damages -
Now, 1t the right % seize British subjects is
derived from the right to search for enemy l.
Cohtraoahd goods, 1t ought to follow the same
| rue ana the more so, as, according to- a philo
| sophhcAi and jus max IN aid down i'm the books
fhs faVr Jfyo' cha mans oeyson 5efoye hi e,sses
sISn b''t w a. dp " ind o. examination I'm The
case OF imprr ssment there isno re :ular ind cha
| proceeding where both partieS can be heard the
papers on board the neutral, identi, ing the cia
tizs''ship OF Mcpherson seized are disregarded,
a"d where individaais are seized without pro
b'ote cause, and even againstAevIAence, the
| wro" s-doer is liable neither to costs nor d a
| images. A British officer is, at once, accuser.
Judge and sheriff In the case of cnemy's good
| or oontrabanC, there Is no cond mnation with
out a formal trial; in the case of impressment
| seizure and condemnation are SYNONYMOUS.
| Thus, It is seen, the argument of the British
ministry defeats itself: The claim resolves
tseit into right, which is not right of itself,
bu which, being derived from another right,
has, neither IN lis origin, operation, or consc<
qnences, one single point Off seu,blaHce to tis&
right TO which it is asserted to be incident
| This is a right with vengeance !! 1t is per-
| feet cameieon, OF an indcscribable compile xion,
assuming different hurs at different times. VIII
it be SAID that MS m jesty's service is SO ex-
| ceedingly urgent that itcslnnot be DELAYED for
the hearing OF prooEl Why may not the same
consideration weigh in behalf ofthe merchant
vess |, hich, by the seizufe of her hands, The
taking of Americans by ,a1stgke, is subjected
| TO delay and peril from tiinainution of her
compl' men; OF sesmeni The Fact is, the enc
shy canno' ma'n,ain the ground he has taken in
defence OF the Practice OF impressmcnt. II i.
max, q and arbitrary assumption of III thority
supported Ivy no previous usage, by no law Of
nat IONS, and To- no general treaties
Indeed, even the right OF search for confya5anG
Is not at such very ancient establishment
Was not light III the DAYS OF queen Elizabeth
"Atter The peace of Vervins (says Yattsl
"quOtlng Gro,ius, queen Elizabeth continuing
" the war WIN SpAIn, desired tie king OF
e France to allow that al + ench ships or
8 their voyage To SPAN my rs Sc rched, il
" order to discover whctherAtn did not Sc
cretly carry military stores but this wa
refused, as an u.iurs 10 trade aud fi,vora,
p" bic occasion 20 pIliage AND "a a much Ia
ter period IT was agreed between France anC
Great Britain that free ships should make FREE
goods. This mSnlfestly appears uy the XVIII
article OF the treaty OF Utretcht, c0nciuCl, Il OF
tie 18th OF Aprii, l7l3, beirg that ar iclc, a!
We presume, which has b. en- frequently, O
| late, adverted to by The French state PAPERS
This article We shall here insert, as going Il
shcw that evea tie Frech emperor con
sttues the law otnstlons, lis principles are, ii
effect, what were, one hua4yed Yeafs arc, so
lemnly recognze.itby treat between quce
Anne and Louis XVIII cireumstance whici
certainly does not entnle The maritime maxim
of Napoleon to the repfoaen of being nodey
iaHoVatjoHs.
Extrac from treaty ofNwigation and Com
meree between the most serene and mos
potent princess Apne, by the Grace Of Goo
queen OF Great Britain, France and Ire and
and tie most serene and niost potent primo
Lewis xiv the most Christian King cor
clud,d at UTRECHT the 1lth dty of Apri
l7l3. Rsprlnted from the copy publshe
by the quecu's special command NJ
ART. XVII. 1t shall be lawful for All an
"singular the snbJects OF the queen Of Grea
Britain, aud OF the most Christian king. I
"ssil with their ships ia all manner OF 4
" berry and security, no ai@iiBetion brfsy m -d
I" who are he Proerieiors pf ther1eychaadis e
" laden hereoH, from any port TO tho places {
those who are now, or shall be at emit