Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1824-07-27

trader captured under the mutual copces,;,, ~.
the power to make the capture, might be dcIiy.
cred over to the jurisdiction of his own country.
Tins arrangement would not &c liable DO fi,e
constitutional objection, which must ey err :,npIv
70 the jurisdiction of the mixed commission. or
vi Tue admiralty courts of the capter: and If
your note IS 10 be be understood as presenting
Iii ule character OF an alternative, to WHICH,
your government Is disposed to accedc, / am
authorized to say, that the President considers
1t as sufficient 10 remove the insuperabIe ,,l,st,.
Gle which had prccladcd the assent of the Uni
ted States to the former proposals OF Your Coy
eminent resulting from the character and cum.
position of the tribunals, to whom the question
| OF guilt or innocence to be committed
The objections to the right Of search, as incl
dent to the right of detention and capture. arr,
also IN very considerable degree reno, I'd by
The introduction OF the principle that neither OF
them should be exercised, but under the resp,n-
s'b'ity Of the captor to the tribunals of the can
tured party, IN damages and costs. This guard
against the abuses of power SO liable to :,busr.
would be Indispensable; but, it the provisipn.
necessary for securing, effectualIy, lis practical
operation, would reduce the right itself tn !,
power merely nominal, the stipulation Of n in !.
treaty would serve rather to mark the sacrifice
OF great and precious principle than to attain
the end for which il would be sriFe,, ND
In the objections heretofore disclosed TO the
concession desired, of the mutual and analifea.
right OF search, the principal stress was laid up-
on the repugnance which such couccssion
would meet in the pub!iofecIng cftyiis country.
and OF those TO whom its interests are entrusted
in the department of IFS Government. the sane.
ton OF which is required for the ratification oe
treaties. The irritating tcndes,cy of the prac-
nee oil search, and the inequalities of its prol,o
bic operation, were slightly noticed, and have
been contested in argument, OF met by promo
siuons of possible palliatircs, or remedies for
anticipated abuses, in your letter But tho
source and foundation of all these objections.
was, iii our former correspondence, SCARCELY
mentioned, and never discussed. They consist
IN the nature of the right of search, at sea- which
as recognized or tolerated by the usage of ma.
lions, IS right exclusively of 1cdr, never exer.
cIsed but by an outrage upon the rights of
peace. 1T an act analogous to that Of searc-
ing the dwellimg-houses of individuals on tho
land. The vessel of the navigator is his dwell
ling-housc; and. like that, in the sentiment NJ
every people that cherishes the blessings of
personal liberty and security, ought to be e.
sanctuary inviolable to the hand of power, IN.
less upon the most unoquivocai public neccssi-
~, and under The most rigorous personal re-
sponsibility of the intruder. Search al sea. az
recognized by all maritime nations, is confined
10 the single object of finding and taking con-
traband Of war. BY the law of nature. when
two nations conflict together in war, a third.
remaining neutral, retains all its rights of peace
anu friendly intercourse with both. Each bel
''0S'S'', hoHSus acquires, nv war. the right OF
preventing third party from administering To ,
lis enemy the direct and immediate materials of ;,
war; and, as incidental to THIS right, that of
searching the merchant vessels of the neutraI
ON the high seas, to find them. Even thus lin.
tied, tits an act Of power which nothing but ne.
cessity can justify, ipasn1uch as it cannot be ex
ercised, but by carrying the evils OF war i;,jo
the abodes of peace, and by VISITING tho in
nocent with some of the penalties of guilt.
among the modern maritime nations an rsore
mas crent III, not founded upon the law of ma
ture, never universally admitted, often success
iaiiy resisted, and against which all have occa-
siohaiiy borne testimony, renouncing it in trea-
ties, OF extending this practice of search and
seizure to all the property of the enemy in .bs,
vessel OF the friend. This practice was. in IFS
origin, evidently an abusive and wrongful, cx.
tension OF the search for contraband effected hv
the Deihgercnt, because lie was arrned submit
ted to by the neutral, because he was defence
IeSs' ana acquIesced IN by his sovereign, for the
sake OF preserving remnant of peace rather
than become himselfa party 70 tic war Uav.
ing thus, occasionally, been practiced b. all no
oeiiIgerents, and submitted to BY all as ncutraIe
1t has acquired the force of an usage. Which 5
AT the occurrence OF every war, the belIpercnt
may enforce or relInquish, and which the ncu-
trail may suffer or resist, at their respective Oh
tons,
This search for and seizure Of the prope,tv ~
an enemy IN the vessel of friend, is relief Of
the oaroarous warfare of barbarous ares: fhe
cruel, and, for the most part, now cxpIoIcdsyg-
tenn OF P'lcdte war. As ii concerns the enemy
himself, it is inconsistent with chat ,,uitieateI,
usage OF modern wars, which respects the prj
vate property of individuals on the land. As
reiates 10 Tue ncutral it is violation of his ma.
tural right to pursue, ,,uI1soested, his peaceful
commercial intercourse with his friend. Inv;-
dious as is IFS character, iii both these aspects,
1T has other essential characteristics, eauaIIv
obnoxious. 1t is an uncontrolled exercise az
authority, by man in arms, over a man with
out defence; by an officer of one nation over the
citizen of another; BY man intent upon the
annoyance of his enemy, responsible, for the
act of search, to no tribunal, and ALWAYS promp
ted to balance the disappointment of q fruitless
search, by the abusive exercise of his power
and to punish the neutral for the very clearness
OF his neutrality. II las, in short, all features
of unbridled power, stimulated by hostile and
unsoc'al passions.
forbear to enlarge upon the further cxteu.
sion Of this practice, by referring TO injuries,
which the United States experienced, when
neutral, i'll case of Wits, Importance because,
in digesting plan for tie attainment of an OF,
ject, which both bations have equally al heart
IT is desirable 10 avoid every topic which may
excite painful sensations either side. have
adverted to the interest in question, from ncces-
sity, 1T being which could notbe lost sight
of in the present discussion.
Such being the view taken Of the right oe
search, as recognized by the law ofnations and
exercised by beigerent powers, it is due 10
candour to state, that my government has an