Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1813-08-19
THURSDAY, AUGUST 10, 1918.

so' DiiNSu SUBJECTS, mas been abandoned
Tor almost century. But the reasons
says he, for the abandonment of the
Claim to search national ships of war, do not
extend to merchant vessels: for, when sub
Jects OF his Majesty serve in foreign national
ships OF war, 1t is presumed that they do it
under the sanction of the nation owning such
ships, and IN that case redress is sought
through the medium of negotiation. But
when they serve in merchantmen in conse-
quence OF private civil contracts entered in
to with foreign individuals, the nation of such
individuals is never supposed to have been
privy to the private contract, and of course
no application is made Co such nation for re-
dress; bur, Sin such cases the species of re-
dress, which the practice of all times has
admitted and sanction, is that of taking those
subjects at sea out OF the service of foreign
Individuality
VIII cot now enquire, whether G. Bril-
tam claim, and other nations acknowledge
Such right OF property in the persons of
those born her subjects, as shall authorize
her to seize them, wherever they shall be
found and whether it be fair and honest in
a nation, the mild and merciful spirit of
whose boosted laws invites the pilgrim to
a land OF freedom, only TO deprive him, to-
Sether with its own subjects, of the natural
and ordinary privilege of free loco motion.
practice in question, which involves The
right on the part OF England to execute at
all tunes, &C In all cases, her municipal laws
and regulations, on board neutral ships up
on the high seas, not within her jurisdiction,
and even within the jurisdiction of independ-
ent nations" With respect 10 the operation
OF the laws of one country" SAYS learned
Jurist, F" within the limits of another, tie
mostthat has been conceded, BY the Courtesy
nj n 81, s.l,
IN the case of contracts. But that law is
always to be enforced by the ordinary tribu-
nails OF the country in which the redress is
sought. 1t is not permitted the for cign lie
gislatures also To erect tribunals In such
country, and far less to erect summary and
unjust tribunals, or, by carving out justice
for herself, to dispense with every species
OF judcature whatsoever. While the law
OF the time and country, in which the con.
tract originated, should, for the most obvious
reasons, be allowed 10 prevail, in the con-
summation OF 1t. there is ma propricty in go
ing farther. 1t would be highly improper to
subject the parties to mode of tr ial equally
unjustihable in itself, and unexpected bv
them at the time the contract was made"
The prcutence of seizure is founded upon
the plea of deseriinn from the allegiance
due to his Brttanic majesty. AMI in all ca
ses OF deserton from a friendly to a friendly
power, there is no seizure or reprisal unless
by application 20, and refusal of repara.i.jn
from, the government under whose jurisdic-
ton the deserter has taken refuge But in
the case of impressmeut, the British officers
seize without any application made to our
government, and condemn the ill fated sea-
man, without even the ceremony of judicial
forms. Or, if the forms be gone through,
1t Is by one whose prejudice and partially
VIII readily enable you TO discern the En-
glishman through the robes "f the Judge -
Examples are rot wanting TO shew, that
even within oar own waters armed force
has been employed il ,he seizure o. seamen
on board our vessels: thus exercising with
In the jurisdiction of an independent go
vernrnent, the most absolute aud elevated
attributes Of sovereignty. The English
cruizers are not suffered to resort toviolence
even in their own coRhtry: How then, can
foreign independent nation be expected to
tolerate their violences? Such federation
would be equally rcpronated by the code If
nations and by the principles otEngish JuriS
prudence.
1t can never I've satisfactory TO say, that pre-.
cedent has begot precedent, and usage has RI
pened into Law In England, maritime p-ece.
dent and authority have so multiplied and ac
cumulated one upon the other, that it would
he no difficult. matter 70 find precedent to
justify the blacklist enormities ct the pirate.
~ we suffer ourselves to be quilted by the rnu
nicipal precedents Of maritime law, orr tars
will have TO fear, not only the leaks ct the YES
sells, and the elements OF wind and " Ter. but
the stiH more destructive elements Of hum n
Jolly and inlustI e. This bard and hostile
doctrine of impressment is a municipal rene.
dy practised by the English marauders, os.
tensibly for the redress of grievances of which
they disdaln 20 complain. IN relation to A.,
merica and her citizens. this practice wants the
authority Of law. II is no part of thar law
which binds this, in common with all civilized
nations. u is no part of that code 70 which
the community of nations has assented Yet
III despite OF the injustice and illegality Of tho
measure, the British mtrauders have not only
seized the natives Of England, but they have
seized and forced thousands OF our country.
men, native Americans. into the hard captivity |
OF their Heating dungeons, compelled them 10
JON IN battle with their brothers, and depri. !
we'd them OF the last poor heart.broken, Door |
melancholy Pleasure-the pleasure orcomplaint |
Ihis violation Of American INDEPENDENCE wa. |
alone sufficient to rouse tho nation to arms |
But our mild and peaceful republican admin
istration uniformly proceeded bv respectful |
Temonstrance and peaceable nerociatiou.- !
Wine our nation was dishonourcd by the pres !
sure OF this grievance, a hard and grinip,e |
measure, called the Rule Of 56, long antidusted |
because OF ITS unjust severity, was revived and |
insisted on, for the purpose of sweepine, on, |
commerce from the ocean. Was war dccIIred !
No. Messrs. Pinkney and Monroe were ap.
pointed TO effect an adjustment with the un. |
Co.,