University of Virginia Library

ART. 12.

It is much regretted that a provision could not be obtained
against the practice of British Cruizers, in hovering and
taking Stations for the purpose of surprizing the trade going
in and out of our harbours; a practice which the British Government
felt to be so injurious to the dignity and rights of
that nation at periods when it was neutral. An addition of
two miles nevertheless, to our maritime jurisdiction, so far
as to protect neutral and other unarmed vessels, notwithstanding
its want of anything like a due reciprocity, is not
without its value. This value will at the same time be very
materially impaired if the stipulation cannot be liberated
from the clause requiring the consent of the other belligerent
Nations, as necessary to exempt their vessels from search

and seizure. None of the other belligerent nations have in
fact unarmed vessels engaged in our trade, nor are they likely
to have any during the war; and these alone could derive
advantage from their consent; their armed vessels being expressly
excepted. There can be no motive with them therefore,
to agree to the regulation. They would rather be
tempted to embarrass it, with a view to continue as much as
possible vexations which lessen the mutual good will of the
parties. And as by their not agreeing to the regulations, the
right is reserved to British Cruizers to examine all vessels for
the purpose of ascertaining whether they may not belong
to a belligerent, the disturbance of our trade might be little
diminished within the additional two Miles. Besides the
mere interruption of a search concerning the vessel, it is hardly
to be expected from the general spirit of Cruizers, that the
search will not be extended to the Cargo, and if the latter
should be thus or otherwise found or suspected to be of a confiscable
sort that the temptation to capture would be resisted;
the less so perhaps, as the increased distance from the shore,
and the increased difficulty of proof would favor the chance
of condemnation, or at least countenance Courts in their
propensity to refuse damages and Costs to the claimants.

To secure the advantage promised by this Article, the
right of search ought to be suppressed altogether; the additional
space enjoying in this respect the same immunity
as is allowed to the marine league. To this object the
President wishes your endeavours to be directed.

I reserve for the 19th Art. another view of the subject which
will claim your attention.