Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1813-04-01


ouncils the direct opposite of mine have
prevailed; and time will show who was 4
ight and who wrong Upon former occa. ,
lens the real grounds ct war have, but too
'iten, been lost sight of in the multitude and
Confusion OF subsequent events the govern
mont had the address 10 enlist the passions
d men on its side, and the voice of reason
has been sti1ed. But, here, as I was from
the hrst resolved it should be, there is n |
clear, y distinct, and an Indispensable ground |
before our eyes; we know well what we |
are at war fur, We know, aud must bear in |
mind, that VIC are at war for the purpose of |
enforcing Our Practice cfstohtmg -dn,erican
pcssciS ufion the high seas, and taking or Of
them all such ferso.s as oar naval officers
may deem to be British stamen. This is
now become the clearly defined subiec; of
the war with America. The " Declaration"
which will be found below, inserted at full
length, does not contain any neay matter: it is
summary of what our ministcrshave before
alleged and asserted IN their correspondence
with the American government and it's .tli-
vers agents. But, there are solnc few Pas
sages of it which require to tc particularly
noticed. The question relating to the Or
ders in Council has been before so amply
discuss q, in my several letters and articles
my present remark with any thing relating
thereunto; but, will confine myself to what
relates to the impressnent of persons out of
American ships on the high seas. Upon
this point the " Declaration" says; His
Royal Highness can never admit that in the
exercise of the 1ndoH6tcd and hitherto nm
Giah1teG right OF searching neutral mer-
eh1nt DcsseLS in time Of 7par, the impress
merit OF British seamen, when found there
IN, can be deemed any violation q a neutral
flag. Neither can he admit, that the TAX
ing such seamen from OH board such vessel
can be considered by any neutral state as
hostile measure or a justiiable cause of
war. There is no right more clearly estab-
lished, thanthe right which Sovereign has
To the allegiance OF his subjects, more espe-
cially in time of war. Their al glance is
no optional duty, which they can decline,
and resume at pleasure. 1t is call which
they are bound to obey: it began srtth their
birth and can only terminate goifh their &C.
istcnce. If a similarity of language and man
ners may make the exercise of this right
more liable to tartiai mistakes aud occasion
NJ abuse, when practised towards the vessels
of the United States, the same circumstan-
ces make il also right, with the exercise
OF which in regard to such vessels, it is more
difficult to dispense"
The doctrine Of allegiance, as here laid
down, admit, with some exceptions but,
as to the right of impressing British seamcn
or the high seas, out of neutral ships, de-
ny it to be founded or nyprinciple or max
i'm, laid dowuby any writer on public law
Indeed the declaration" does not saw
SEARCHING neutral vessels in time of war
+. is g ttndorbtcd" and has hifhert6 tecn "un-
disf1ted" his is not correct for not on
ly has even this right been doubted, not only
are there two opinions about 1t in the books
on public law, but the writer's on public law
are for the most part against the said right
as 7ve fracrice IL, and they contend we have
no right to seize enemy's goods en- board of
merchant ships which are neGtral. Nay, the
contest has given rise to military resistance
ON the part Of our now ally Russia, Denmark
and Sweden; ard what is still more, Great
Britain ceased upon their threats to exer-
else this, even this right of seizing enemy's
goods on board Of neutral ships of war. But
this right; this right OF S E AR CHING neutral
ships; what has it TO do with the impress
ment of persons on beard OF such ships
That is what the Americans object to, and
are at war against. They are not at war
against cur right of search, even in our own
Interpretation Of that right. What theyob-
ject TO is the Stopping Of their vessels on the
high seas and taking people ont of them by
fo.ce; practice which, repeat, is sane
TONED by no principle or maxim of any wri-
ter on public law, nor by any usage hereto
fore in the world. Phe DecIaration'' does
not assert, as Lord Castlereagh did in his
letter to Mr.. Russell, that this practice is
sanctioned by any former usage :; but it de-
ciGres the right from the right Of search It
says thatm exercising the right of search,".
IL. - H. ..--l,k
conn;aband u 7rar and fer enemy's goods,
we have right to impress British seamon
if we find them. So that this is the new
shape Of the defence of the practice: we do
not now assert that we have right to stop
American vessels upon the high seas far ne
5iuraose of impressing our seamen but hav-
ing stopped them for the purpose Of exercis-
ing our old righf Of seTch," we have a
right oaVail ourselves OF the opportunity to
take out persons whom our own officers at
their discretion may judge to be British sea-
meD. This IS net even plausible in my opin-
ion for what right can we have TO impress
if we have no CHIT to stop for the purpose
ofimpressiDgl Imay enter auother's house
to search for a stolen coat. and If find there
my hat / may seize il as well as my coat,
having due authority for the first !; but be It
observed that to steal the hat was as crimi-
nal as-to steal the coat ;fand It ihnth known
or suspected that the hat was there, might
have had a search warrant for tho former
as well as FOR the latter. ta
The law Of nations call the higllsea the
common right tdnsu0ns. As>hip, there, is a
parcel Of the State TO which she belongs, and
the sovereign rights of that State travel
with her The sole exception is,as has been
before stated, the beligerents have a right
DO search ncdtrals for goods of me enemv
and for sDarhke stores and f,,oohS, CARRYING
for the encny's Use because 40 far 40 non,