The enquirer. [volume] (Richmond, Va.) 1804-1815, 1815-03-22

it was then maintained by Great Britain and
consequently, TO admit, upon a much con-
tested point. that the property Of her enemy,
in their vessels, might be lawfully captured
as prize OF war. (2) 1t was, also, freely adj
mitted, that bclligerent power had a right
with proper cautions, TO enter and search
American vessels, for the goods of an enemy,
& for articles contraband of war that, ifup-
on search, such goods or articles were found,
or if, in the course of the search, persons in
the military service of the en- envy were die
covered. belligerent had right of tran
shipment and removal that a belligerent
had right, in doubtful cases, to carry Amer
lean vessels to = convenient station, for fur
tiTer examination; and that belligerent had
a right to exclude American vessels from
ports and places, unddr the blockade of ain
adequate naval force.-These rights, the law
of nations might, reasonably, be deemed to
sanction; nor has fair exercise of the pow
ers necessary for the enjoyment of these
rights, been, at any time, controverted, or
opposed. by the American government.
But, it must be again. remarked, that the
claim, of G. u. was not 10 be satisfied by the
most ample and explicit recognition OF the
law or war; .or the law If war treats only of
the relations Of a belliserent 10 his enemy,
while the claim of Great-Britaln embraced,
also, the relations between a SOVEREIGN & his
subjects. 1t twas said, that every British
subject was hound by a tie OF allegiance to his
sovereign, which no lapse OF ;ime, 60 change
OF place, no eXigency of life, could possibly
weaken, or dissolve. 1t was said, that the
British sovereign was entitled at all perio3s,
and oH all occasions, TO the services of his
subjects. And it was said, that the British
vessels OF war upon the high seas, might law
fully and forcibly enter the. merchant vessels
# every other nation for tie theory of these
pretensions is not limited 70 .she case OF the
United States, althoueh that case has been,
almost exclusively, affected by their practi-
cal operat;on) FOR the purpose of discovering
and impressing British subjects. Isl The u.
States presume not TO discuss the forms, or
the principles, Of the governments establish
&c Il, ether countries. ENJOY INK the right c.
the blessing of self-government, they leave.
implicitly, to every fortign nation, the Choice
OF its social and political institutions But,
whatever may be the form, or the principle,
or government it is an universal axiom Of pub
lie law, among sovereign and independent
states, that every nation is bound so 10 use &
ENJOY its own rights, as not to injure, or des-
troy, the rights of anv other nation Say then,
that the tic of allegiance cannot be severed.
or relaxed, as respects the sovereign and
the subject; and say, that the sovereign is, at
all times, entitled to the services Of the sub
jcct still, there is nothing gained. in support
OF the Brisish claim, unless it can, also, be
said, thai he British sovereign has tight to
seek and seise his subject, while actually
within the dominion, or under the special pro
lection, OF another sovereign state.
his will not, surely, be denominated
process OF tile law Of uatiors. for the purpose
OF enforcing the rights Of war; and if it Shall
be tolerated as 4 process Of the municipal
law OF Great Britain, for the purpose of en-
f1:cing the right q ,lhe sovereign to the SER
vice OF his subjects, there is no principle of
discrimination, which can prevent its being
employed in peace, Or IN war, with all the
attendant abuses Of force and fraud. 10 ;pst;-
fy the seizure of British subjects for crimes,
or tor debts; and the seizure of British pro-
pe-ty, Tor any cause that shall be arbitrarily
assigned. The Introduction OF thex deera-
ding novelties, into the maritime code cf ma
tlons, II has been the arduous task of the
American government. in the onset, to OBJ
pose ana i. rests with all o.ner govern
ments to decide, NOW far their honor and
their interests Ei1st be eventually inplica-
TED, by TACT acQoieseence. in the successive
uusrpations CT the BRITISH flag. IF the right
claimed by Great Britain be. indeed. com
mon to all goI ernments, the ocean will exhi-
bit in addition to its many other periis,
scene of everlasting strife aud Contention !:
but what other government haa ever claimed
or exercised the right 1t Ihs. ris.ht shall
be exclusively established as troo1y of'.the
naval superiority of Great Britain, the ocean
which has been sometimes cmphaticaliy de-
nominated. " the high way of nations" v III
b. identified, in occupancy and use, with the
dominlons of the British crown :; and every
other nation must enjoy the liberty Of pas
sage, upon the payment Of tribute or the
indulgence of license but what nation is
prepared for this sacrifice of It's honor and
its interests And if, after all, the right be
now asserted las experience too plainly in
dicates) for the purpose of imposing upon
the u. States. to accommodate che f,ritish
maritime policy. new and odious limitation
OF the sovereignty and independence, which
were acquired by the glorious revolution of
1776, ii is not for the American government
to calculate the dSration Of war, that snail
be waged, Ia resistance Of the active at
tempts of Great Britain, 70 accomplish her
project for, where IS the American citizen
who woufr tolerate days submission to the
vassalage OF such condition
But the American government has seen.
with some srrpri7e, the gloss. which the
Prince Regent 81 Great Britain. in his decIa-
ration IT the 10th Of January, 1915, has con.
descended 20 bestov upon the British claim
OF a righttc impress men, on board Of the
merchant vessels OF other nations and the
retort, which he has ventured 20 make tn
on the conduct Of the United States. relative
n the rrufrcrerfpI