The writings of James Madison, comprising his public papers and his private correspondence, including numerous letters and documents now for the first time printed. |
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ART. 13. |
 | The writings of James Madison, |  |
ART. 13.
The general provision here copied from the Treaty of
1794, tho' not hitherto found of much effect, in controuling
the licenciousness of Cruizers, and very different from the
special rules in favor of neutrals contained in most treaties
which touch the subject of search, enters very properly into
438
The introductory sentence alone, which consists of new
matter invites particular notice. The expressions "as the
course of the war may possibly permit" and "observing as
much as possible the acknowledged principles and rules of the
law of nations" however favorably intended by the British
Negotiators, will not improbably be construed into a relaxation
of the neutral right in favor of belligerent pleas, drawn
from circumstances of which belligerent Agents will be the
Judges. The expressions may easily be so varied as to refer
simply to the law of nations for the rule, and to the friendship
of the parties, for the spirit, according to which the search
is to be conducted. If such an Amendment should be deliberately
rejected by the British Government, it will be a proof
of lurking danger, that will recommend an omission of what
relates to the subject of search in preference to retaining it.
Arts. 14, 15 & 16 call for no particular observation.
| The writings of James Madison, | |