The enquirer. [volume] (Richmond, Va.) 1804-1815, 1813-01-19

cases, the difficulty and the Importance O;
questions are considered as reasons for re.
curing greater care and formaiity i'm in
Vest'sating them, and greater security for
a right decision on them. To say that pre-
Cautions of this sort are incompatible with
the object is TO admit that the object is un-
lJustiha3le ; since the only means by which
| IL can DC pursued are such as cannot be ius-
titled.
The evil takes a deeper die, when view
| ed IN its Ir0cfice as we'll as its h,iyciiies
| Were It allowable that British subjects
| should be taken out OF American vessels on
The high seas, it might at least be required
that the proof OF their allegiance should lie
ON the British side. This obvions and lust
rule is, however, reversed; and every sea-
man on board, though going from an Anne
ricaa port, and sailing under the American
nag, and sometimes even speaking AN idiom
proving him not to be Il British subect, is
presumed to be such, unless shewn to be
an American citizen. 1t NAV safely be af.
armed that this is an outrage and an indir-
NIFTY which has no precedent, and which G.
britain would BE- amopg ilie last nations in
the world 10 s0iler, ii offered to her own
subjects, and her own flag Nor is IL
always against the right PRESUMPTION a
lone, which is in favor OF the citiz.nsh,o
corresponding with the flag, that the
violence is committed. Mo-, unfreouent-
~ 1t takes place i'll defiance of the most
positive proof, certified in due form bv
an American officer. Let il not be said,
that in granting to American seam-n this
protection tor their rights as such, the point
is yielded, that the proof lies on the Ameri-
can SIDE, and that the want of it in the
prescribed form justices the. inference thar
the seaman is not Of a mrrican allegiance.-
it rs distinctly 10 be understood, that the
Certificate usually called q protection to A.
mef1can seamen, is not meant 20 protect
them nnder their oTDn, or eUen anu okter
neutral foS on TIE high seas.
we can never admit, that i'm such a
situation. any other protection is reouired
TOR them, than the neutral Rag itselfon the
hiSh seas. The document is given to prove
their real Character, in situations to which
neither the law OF nations, nor the law of
their own country, are applicable in other
words, to protect them, within the iurisdic-
ton of the British laws, and to secure to
them, within every other jurisdiction. the
rights and immunlties due to them If in
the course OF their navigation even ON the
nigh seas, the document should have the
effect OF repelling wrongs of any, sort il is
an incidental advantage only, of W hjch they
avail themselves, and is by no means to be
misconstrued into a right to exact such a
PROOF, or to make any disadvantageous in
ference from the want of it.
Were it even admitted, that certificates f,r
protection might be justly required in time
OF war, from American seamen, they c,uld
only be required in cases where the iaDse of
time from its commencement, had given an
opportunity for the American seamen to
provide themselves with such a document
Yet it is certain, that in variety of in
stances, seamen have been impressed from
American vessels, on the plea that they
had not this proof of citi2 enship. when H.
dates and places Of the impressments de-
monstrated the impossibility of their know
ing in time TO provide the proof, that a state
or war had rendered it necessary.
Whether, therefore, we consult the law
OF nations, the tenor of treaties, or the die
tates OF reason and justice, no 4porrant. no
Protect can be found far the British hrnc-
lice Of making imi,re ssn,ents from, 4n,t,;co,,
uesSsks OH the high seas.
Is NOT this conciusive?