The enquirer. [volume] (Richmond, Va.) 1804-1815, 1813-07-27

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taer and further ARRANGEMENTS ', that e,I
o"s has evincetl dispositios, as every wise
"ho jhse government would, TO 10 away all
rreteXts Tor hoStiiities from this source. ,vhe
ther mediately Gov lug from th- authoriss d
! agents or ihe government Itself. or the ac,s
OF IT'S ind'"idual citizens. There is. conse.
| quently, no ground for different rule. as
f@Ppiicabie to the case last mentioned.
! ne ooctrine thus ayowed hy MIR. Can
'h"E' IS e'ther part of the Law of HStioas.
OF I1 is not. Iii is, the passages can easily
DC pointed cur. in Grotius, Puffendorf, or
A'eV'. out there is no such passage. There
Is no character which this pretension can
dSsu!ne, out, at most. that of mere mum
| I'pai practice" or regulation Reipr Of
this Character, it involves, AS applied to Us,
we saPposition justly deemed by NJ. Ser
| re'asy Madison SO 'eXtravagant, that one
nation mas right to execute, at all times,
ana IN an cases, its mum cpal laws and
regulations on beard the ships of another.
not Being within its Territorial limits p-Ir
| involves the further enormous suppositicn
Viae these laws arc 20 be executed hv its own
courts or Father without the Intervention OF
any codrts whatsoever, the t-iiunrls of the
nritIsn maTauders only excepted
! WIN respect 10 the operation Of the laws
| u one country, within the GniitS of another
| 'ne most that hes been Conceded, bv the
couFtcSy o. nations. is, that the tcr ioci should
| prevail, IN the case OF Contracts But ths
law is always to be enforced hy the ordina-
| rv tribunals Of the Country, in which the
| secreSs rs sought IL is not permitted the
| t"'eEh Legislature also TO erect tribunals in
! soCt' country, q far less 60 erect summary
* uhJust tribunals, or, By carving onf Justice
FOR herself to dispense with every snecies
OF JudIcature whatsoever While the law
"n me t'ne snd country, in which the CON
tract originated, 'hould; for the most ubvious
easohS' 0e allowed 10 prevail, in the consum
'a..'h Oh ,e, there is no propriety in poin.
'nftner. Vt would be highly iUiDrone.,. to
subject the parties to mode Of trial eova,Iv
uhJuShhRhie in itself, and unexpected by
| tuem AZ the time the contract was made
NohSiderlng the case before rs therefore
on the ground of loss or damage sustained
! ny toe British nation, from American maj
V'AnRls' tue above is the most that can I've
03hcceeo 20 that nation, by The PRINCIPLES
VI neg own Jurisprudence. Bot Considered
!" Puo"C point OF view, as an acr psr
| hittea OY one independent nation. n rbe
injury OF another. the practice in ore.t,or -
utterly indefsnsibe. The seizure Of Brush
SuuiJeCtS ON board orr vessels, bv force i On
act OK repriss and there is no cas-. IN
WHICH snch acts can be justified, without a
previous demand and refusal Of reDaration.
- make hoatItltie, ia any case jawfnI. il
! nc eSs@fy' SAYS Fattei. (pa, 472.) that
we patton supposins herself Injured, has
Jus. cause OF war. and that reasonable
! satisfaction has been d>7ifed her. 'Cb,q
principle emphaticaIly applies m csses
| l'%e the~one before us.) in which the act
complained OF, rs of an eguipocal Character
| ~netele mas not been legAily established. or
'''SWN' TO ne an injury ard where the 90
Ner"ihent on which such rsprsals are made
=, H'ost probably, ignorant of the existence
OF the fax complained of.
considered by analogy TO the Common
"a" aoCtrine OF Reception, this reclamation
r,'oo'u oh'y he made in peaceful manner.
Is not permitted party to redress h,rn
se,t' oy force. In cases involving violence.
individuals ought only to resort To tho tr;bn
"ais OF justice. Nations, indeed, must Of
Necessity resort to war but this is on,v
atter All other means Of redress have fail.i
!" tne case before Us, however, the prac-
tice' IS not justified as war. measure. !,
is not considered as an act Of war in itq-lF
put only as remedy invented by the Br,t,a1
'd'Ion' 10 redress an INJURY supposed to be
su:t a'hcd. in relation To America and her
clt2ens, this n -Gctice wants the autl1or;t,,
ot>a law 1t - no par ofthat law which h;nj.
. Ihis' IN cOnmon With all civilized ma ions.
- IS no part OF tIiat code, TO winch the com
va ny OF nations has assented. It's authority
1hrreiore, IS entirely detective.
This doctrme Of Mr. Canning further sun
poses, that the municipal laws q one COM
try ate To BE- executed within the ttytff9ry
OF another: for The us88eis of nation IRE
Considered as a part Of IFS teYrnoyy. esne
ciaily when they sail upon a free sea. since
inc state preserves its jurisdiction, IN such
vessels (Val. So; and on this ground
CHidren Dorm at > in the vessels Of ma
ton, are repued 4 born within ITS ;al.rit,rv
ioid. )--What would you say, If, m time of
peace, detachment OF British soldier W..
90 eneer our country. ana carry OF mr.
citizens, from Their farms, under rre-en~e
mat they were British s1bjsc,s min.
ciple, there 10 no difference between tie too.
cases That principle cannot be varicd. BIZ
t's greater iacility of acting in this r.,pect
at sea, than on land. Ii The sea. wh,le oc
onpiso by OR vessels, is, for the time. part
OF our territory, the nature of the element
can' tertaiuiy, make ~ difference.
But admitting. TOR a moment. that the
practice relied on Mr.. Canning, had b en-
submitted W by other countries. and had RI.
pcned INFO the Law q Nations, "a ,},esn,,t ne
ceSsarily follow. that it would extpud ~ ,be
cluzsns OF the United Stass. rs In the
subj sefS of other countries. sature has
stamped such iudicia upon them, nat the,
iannot be readily mistaken for lIngli4brneo
inere IS as lttle danger cf rnistaking them
! Tor British subjects, a. Of mistakng ,rt,cjes
contraband OF war, for Common Herchan
| stfZT- I here te H..