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but, if this should be the case, though I shall not dare to print my execrations, I shall be at perfect liberty to execrate, and to wait anxiously for the time, when baseness will bring down ruin upon itself. - - - * –Do M IN to N OF THE SEA $. SIR, In a time like the present, when too many are desponding, and foreboding nothing but subjugation to their country, and when, in truth, the country can only be saved, by shaking off the leecies of faction, by essential reforms for restoring, to cur constitution its proper vigour, and by the courage of the people, you are entitled to the warmest thanks of the nation, for your manly counsels. Go on, Sir, and you will soon convince every sound Englishman, that he who should compromise away a particle of our naval dominion, would be an enemy to his country; and that with ministers as courageous as our admirals, and an armed population as gailant as that of Buenos Ayres, which has compelled our evacuation of South America, we have nothing to fear. Who can be so short-sighted as not to see, that if we do not possess ourselves of the island of Zealand, Denmark, and Sweden too, must shortly be in the French and Russian alliance, adding to Buonaparté the maritime means of the whole Baltic for our annoyance Nay, Sir, and if we cannot hold it, which I conceive to be doubtful, the taking of Copeninagen at present tray only put off the evil dily ; but if the fleet fall into our possession, it will be so much saved from the grasp of our enemy. If, however, not wholly bereaved of our senses, we shall not allow any temporary advantage we may gain in the Baltic, to divert us one monent from completely arming our population, although that must be attended with a sacrifice to the leeches to whom I have alluded; for if, to borrow an expression from your friend Sheridan, we give them arms to fight with, we must give them freedom to fight for ; or it will be a mattor of too much indifference to the lower classes, whether they shall be taxed to furnish a marriage portion to the daughter of a wealthy earl, and to pension the gentlemen of “the Regiment” when out of place, or to pay a body of I’rench troops for doing us the honour to superintend the police of England, On the subject of naval pre-eminence, and the tone with which it ought to be maiotaised, I think you will approve of an idea in The Trilent,” written by your friend Major Cartwright, that instead of that unmeaning piece of patch-work we call the

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Union Flag, we should adopt a flag bearing a winged Tropist. “Let it be examined,”

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banner of war. First, then, in respect to union, composed of the spears of the three nations, fitted, hooped, "and rivetted together, until, without individual diminution, it be made one, it not on expresses the abstract idea of union, bu also typifies the complete union of power, always to be wielded by one arm and “-obedient to one will; and at the same “ time it shews the character of that power . to be naval. And then, again, as referring to war, the sailors of the three nations in this banner must see, that the union of the three national spears constitutes the very sceptre of the sea; whence, by an association the most natural, and the most flattering to the human mind, will spring a determination to make it such. Seeing in their flag • Dominion's symbol, and bright glory's sign :' “ and seeing wrapped in that flag the very eristence of their country, what enemy. what force, what superiority of numbers, would be able to wrest it Å. them — The TR10ENT Air The MAIN what an “ object of ambition to a British officer 3" “ —On the copper coin of the kingdom, bearing his Majesty's image and superscription, the trident has for some time “ graced the hand of Britannia; and we “ believe that Buonapartú, in the preliminaries of peace, has been perfectly silent on this assumption.—On Caesar's penny. the meanest currency of the shop, what “ can be the ...'..." of introducing “ the trident 2 But, torne at the on ast head, how it must fire the naval Hind, and keep alive that heroic spirit which placed it there ! Whatever of this kind we think fit to do, let it be done with dignity. If we are to use the trident at all as a national symbol, let it not be slipped into the meanest medium of ex“ change, to be clitocked from hand to hand in the low commerce of the pot-house; but wave aloft in air at the admiral's flagstaff, to beget high thoughts and great “ actions.”-- Perfectly agreeing, Sir, with you, that England has nothig to fear but from the corruption of her own factions, if the wise, the virtuous, and the brave will but unite, small as the band may at first. be, the time is not distant when the nation will hail them as its deliverers, and which must be the fact whenever that nation will take their advice.——A Loios, Spt. 15, 1807. . . . . . . . . .

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... nomision of the sras. So, i-The impartiality for which you are so justiy praised, will, I hope, induce you to insert in your Register, a few obser vasions in opposition to the doctrine which you 'm intain ou the important subject of our naval to: grand principle on which you and those who have followed you un the same subject, maintain the right of this country in the power which it assumes over neutral flags at sea is, “ that force alone confers right in affairs wherein nations are concerned.” This proposition I never can accede to, and do contend that occupancy or first possession confers right. The Omuipoteat Being, when he created the world, gave to man douinion over the sea and earth, and endowed him with reason to see good from evil, and to do justice and avoid injustice. That reason shews that it is just for man to enjoy those gifts, or that portion of them which he can first seize on, and that it is unjust and coatrary to the will of the All Benevolent Donor to molest him in that enjoyment. This dictate of reason is written in characters as legible as that which shews the injustice of depriving another of the gift of life, and would have pointed out to Cain the injustice of depriving . brother Abel of his flocks, or other possessions which he had acquired, as well as of his life. It is on this foundation that all separate and exclusive enjoyments of property is erected; for, on what other ground can it be supported, that one man should be intitled solely to possess this or that portion of land, than that he derived it from the first man who had the good fortune to gain possession of it If this argument stood in need of elucidation, the laws relative to real property in this kingdom would furnish one wherein it will be found, that cases might and frequently did occur, of real occupancy in lands, before it was put an end to by a late act of parliament. When

an estate was granted to one man for the life

of another, or in our law jargon, when a man was seized of an estate, pur autre vie, and died during the life of cestui que vie, the principles and rules of our system of real property, would not suffer this estate to go to the heir. What them was to become of it? the granter of the estate was not intitled to it; for the period during which he had grantedit away (namely, the life of the cestui que vie) was not at an end. , And there being no owner, it of course was iu the same situation it was before it became the exclusive property of an individual or individuals; namely, in common, and the first person who entered on the property and took possession of it was tätitled to the enjoyment; and it would have

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land, to be collated in Coke or any writer on the subject; but, that it is dissonant to that common feeling of right which, all rational beings possess. And on that ac-. count the law of England would have grant-, ed redress, by re-establishing the first occu-. pant in the possession of the property. This. estate by occupancy is destroyed, as I stated . before, by act of parliament, which enables the owner of the estate pur autre wie, to dis-, pose of it by his will, and in default of such. disposition, confers it on the executors or administrators to be disposed of as the personal estate. A case of ancient occupancy may be found in the scriptures, where our forefathers, it will be seen, occupied a portion. of land as long and no longer than it attorded pasturage to their flocks. When that was exhausted they removed to some other convenient spot; but we no where find that they were ever expelled by a stronger power than themselves, or that they were molested in the peaceable enjoyment. An instance of occupancy at this day occurs at the Theatres, where the person who first lakes possession of a seat acquires a right to 1 ; and if he is deprived of it by force, he is deprived of it unjustly, and the law will punish him for the assanit. Another modern instance of occupancy is this, when a fisherman is exercising. his profession on any part of the sea, he by. taking possession acquires a temporary exclusive right in that place, and if oe is deprived of it by force, the jerson who so deprives him does not acquire a right, but lie, acquires a possession by wrong Other instances occur to me, such as ships acq iring a right to our docks and rivers, to the panticular spots where they first take possession; but I will enlarge no further on to part of the subject. Does not all this prose that all those gifts which were designed in com-mon for all mankind, become the right of those who first take possession or occupancy of them 2 And, consequently, that those vessels. which are on the sea acquire a temporary right to that part of it which they occupy, and to it i is in inst to deprive them or no

lest them in the enjoyment of it? Wi. A re

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America, it occurred to me that you might of

not have seen the printed instructions from

the Admiralty to the Captains of our ships: of war to “ demand Englishmen out of Fo

“ reign Ships.” It is as follows—“when “ he meets with any Foreign Ship or vessel ** he is to send a commission officer to en“ quire if any seamen who are subjects of “ His Majesty be on baard her, and to de* mand all such. obliging their masters to “pay them their wages to that day: But “ this is to be done with civil and friendly “ behaviour on the part of His Majesty's * Officers, who are to be very careful not “ to offer any violence or ill treatment to “ the subjects of His Majesty's friends or “ allies.”—You will not fail to perceive that it is the bounden-duty of a Captain to search every foreign ship that he meets with, without further particular direction on that head, and that altho' he is not instructed to use force, yet to what end is he ordered to demand the seamien, if he is not bound to resist in case they should be refused ?–It would be placing him in the situation, and in fact, making him act the part, of a bully. —The honour of the flag too is gone for ever! Heretofore “ it was ordered when “any of His Majesty's ships meet with any ship or ships belonging to any Foreign' Prince or state within His Majesty's Seas (which extend to Cape Finisterre)itis expected that the said foreign ships do take in their topsail, and strike their flag, in acknowledgment of His Majesty's Soversighty in these Seas; and if any shall refuse or offer to resist, it is enjoined to all flag officers and commanders to use their utmost endeavours to compel them thereto, and not suffer any dishonour to be" done to His Majesty.” The first timé I ever saw the flag of a foreigner taken in, and his topsail struck (which was the second time I went down Channel, and when I was very young) is leave you to judge, Mr. Cobbett, and nobody can more truly appreciate them, what my feelings were; if I were to attempt to explain them I am confident: I should do myself great injustice. We are happily yet in such a state, that if we ar

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*** * to oc *-r-rox: '..." Boxinipo. Seas... ." Sir,<-I have read unany of your publications, with great satisfaction; it is the lot Hof most men situated-as you are now and ithen to advance things that are not foundted in fact. “In treating of the dispute between this country and America in your last paper, you assert Vice-Admiral the Honourable George Berkeley was in duty bound or words to that effect, to search the American Man of War for deserters. The annals of-the British Navy do not give us an instance of any such attempt being made prior to this; and the naval instructious relating to the subject, an extract of which is given. herewith, evidently relates to Merchantmen, as the master is to be applied to for the payment of such wages as may be due to them. —i agree with you the worst, and most disgraceful part of Admiral Berkeley's Order, is the offering to have one of His Majesty's Ships searched, a right he had no power to concede, and which in its nature being illegal no officer was bound to obey it.—On the subject I have only to add, if an American Ship of War had attempted to do what the Leopard has done it would on our part have been considered a just cause of war; why America is to overlook it, or brook an insult of this nature which no other independant country ever yet did, I know not; if this kingdom wished to wage war with America it is but shabby pretence we have adopted.-I am, Sir, &c. A Naval OFFIchk. Portsmouth, September 11, 1807. a *Article 23d. Naval Instructions—“When ... he meets with any Foreign ship or Ve: “ses, he is to send a Lieut. to enquire ** whether there be on board of her any “Seamen who are subjects of His Majes. “ ty, and if there be he is to demand them, “ provided it does not distress the Ship, and to require the master to pay them, the “wages due to them to that day; but he is to do this without detaining the Vessel lotiger than “shall be necessary, or öffer: ing any violence to, or in anyway-ill treating the Master or his crew."oo" "

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ExPATRIAthos of British subjects. On the Vecess ty of a Declaratory Law or a Stipulation with Foreign Powers, respecting the Evoatriation of British Subjects, fartic’ larly with the United States. of America. -- ". SIR.—Whether we are still to continue in amity with the United States of America, or whether we are doomed to add another enemy to those who have joined the standard of the French Emperor, in maintenance of that which we deem to be our right to resist, either from the policy of the thing, or ur.der the impression that our naval superiority entitles us to insist upon the right of search on the ocean, and out of the limits and boundaries of the United States nf America, and to take from memoral ships of war, seamen whithayou peer to our Laval officers to be British subjects, I shaft not now discuss; this I may attempt hereafter. It is my present intention to bring into view the peculiar go awful situation into which British subjects, the were intile partin part-lar, precipitate themselves by becomingoritizens of America, and by their steempts to cast off their natural allegiance to this Goted Kingdom, take upon themselves to serve two nasters, instead of expatristing and ridding themselves of one power to whom they owe a natural allegiance—Men of enlightened and liberal ideas have held, that if a man is not enabled to throw off his natural allegiance whenever he finds himself disposed to do so, he is a slave not a subject. Perhaps, if I quote the reflection of an auther, probably not unknown to you, his opinion may have more weight than any argument of mine. Monsieur Pecquet, author of the Spirit of Political Maxims, (being an illustration of Montesquieu's Esprit des soix) in chapter the 21st “Bes Lettres de Natu“ralité,” says, “Le Citoyen, comme Tha“bitant du Monde, conserve one sorte de ‘‘ iberté nate relie, de remoncer amkavantages particulieres de sa naissance, d'adopter un'autre état et de s'enfaire > sans quoi ce seroii réellement un esclave. Il n'y a des, chaines, supportables, ence genre que celles que forme l’attrait et non pas a contrainte.—Ces changemens ou transmigrations ne se font jamais, que dańsl'espérance d'être mieux que dans sa, proprepatrie."—This doctrine is certainly eonsonant to reason, and why it should not be adopted generally, and the spirit of it incorporated with the law of nations, I am ut-, terly at a loss to conceive, particularly as this united kingdom sanctions the admission of foreigners to the privileges of British subjects, whilst the black letter of the law of . . .

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this country has in the opinion of many, fixed as indelible marks of non-expatriation upon its natural born subjects, as have been imprinted on the sable sons of Ismael. We should not blow hot and cold; o latitude we give to foreigners spplying for naturali... and that . of...". natural born subjects of the United Kingdom, when disposed to expatriate themselves, should be reciprocal and founded on parity of reason.—That the late treaty between Great Britain and the United States of America, should not have contained a declaratory clause with respect to an accurate designation of a British subject, and an American citizen, when we recollect that the United States of America were once a portion of the £rush empire, cannot but be matter of astoanishment to reflecting persons. The peril

“ous situation those respective persons place

themselves in, from their attempts to withdraw their natural allegiance, and the reflecfion, that from the uncertainty of their right so to withdraw themselves, their parent conntry may become involved in all the ca*emities of war from their secession, and the claim to them as subjects to the claiming

power, if such are found on board of ships of,

war, and probably aiding an enemy, (as in fact, seems to have been the case in the late rencontre between the Leopard and Chesapeak off the Capes of Virginia,) are considerations of themselves fully sufficient to warrant the expectation of a declaratory clause: and which, should a new treaty be entered into, I hope will not be unattended to. To aim at prevention of a rupture is more praiseworthy and defensible than to heal one. The ion of the declaratory clause i allude to, ought not to be delayed a moment. The subject, if men will give thernselves the trouble of reflection, must be considered to be of such momentous importance, that the most distant doubt ought not longer to continue; a due consideration of the in-, portance of the matter in question, must, necessarily involve an inquiry into the means, of remedy-In order to elucidate the subject, let us notice the declarations of our ancient lawyers respecting aliens. Littleton says, (see 198) “he is an alien which “ it barn out of the ligeance of the king;" but, throughout his invaluable. relique he does not convey to us, that to be born out of the ligeance of the king is the sole essence of alienage. We are, therefore, not precluded inferring from the above quoted passage, that there may be other modes of becoming alienated or expatriated, than that, which arises

by reason of birth. The positive law is not

silent upon the subject, although the com

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mon law does involve it in mystery.—Bracton upon the subject of alienage and expatriation, says, (lib 5, fol. 415, 427) that the exception to a man by reason of alienage, propter defectum nationis, should rather be propter defectum suljectionis; he does not expressly state that a man cannot be absclved from, or exchange his allegiance, nor can such inference be drawn from this passage; he observes, that an exception to a man that he is an alien ought not to be alledged, propter defectum nationis, by reason of a defect of birth in another country than England, not subject to the power and authority of

the king, because it may be intended, that although he was born in another nation, ha. may be a subject; for he may be naturalized

or otherwise subject to the King of England: but it must be alledged propter defectuin shljectionis, by reason of a detect of suliotion, an expression admitting of no ambiguity, no doubtful construction, but directing

us to a plain manifest conclusion, viz. that at

the time of the allegation of his incapacity, he is not then actually subject to the king, which does admit that though he may have been once subject to a certain power, he may not be subject to that power all his life time. If this conclusion is correct, the pow

has been differently handled, as the political interest of the country might occasionally require. By the statute of 14 and 15 Henry 8th. chap 4, it appears that subjects of England in this reign went into Holland, Zealand, Brabant, Flanders, and into other countries of foreign princes, and were there sworn to the obedience of such foreign sovereigns; wherefore, it was enacted, that all subjects born in England, and sworn to be subjects of foreign princes as long as they shall so abide, and be subject to foreign princes, shall pay customs, &c. in England, as other strangers pay. This statute is a general one, and concerns all the king's subjects, by which it is implied that persons may become subjects to other powers, and that by such election to depart from their natural allegiance they become, and it does seem to ine properly so, aliens to their native country for so long time as they shall chuse to continue their new subjection; but, if they elect to become subjects again to England, they may have the king's writ, which w entitle them to be reinstated in all their former rights and immunities as Englishmen, upon their residing again in England. The

next material statute is in the reign of James

er he is subject to allows him the means of

expatriating himself. Coke in his Commentary (129 a) states, “memo patriam in quà natus est, exuere, nec ligeantiae debitum ejurare possit;" which doctrine he considers to be laid down in the case of Dr. Storie (13 Eliz. Dyer, fol. 3003); but, instead of an express determination upon a well grounded

inciple, it seems to be a ruere dictum. #. this solitary decision or dictum, which soever it be, we cannot be justified in adopting the passage in Coke, or holding his opinion, however respectable, to be conclusive, as we do not find that this case of Dr. Storie has ever been acted upon or brought into view as a settled doctrine. I bring into view, Mr. Cobbett, all the material passages that occur to me, whether for or against the principle of expatriation. I wish to have that settled which from the various opinions declared upon the subject, seems involved in obscurity; and you will agree with me, that we cannot have a better time to set the sub: ject at rest, than upon the negociation of a new treaty with America; and which, I

hope, wiil contain a declaratory clause upon the subject in doubt, either admitting or ex

pressly discllowing a natural born subject of Great Britain and Ireland to expatriate himself and to become a citizen of America.-If

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the First (3 Jac. I cap. 4 sec. 18, 22, 23), which enacts, that if any natural born subject he withdrawn from his allegiance, as therein mentioned, he shall be guilty of high treason. The 18th section of that statute refers to persons serving any foreign prince which bears relation to military men. The 22d section adjudged it treason for any person to seduce Englishmen to become sub

jects, to another country; this, I think, im

plies it had been the usage theretofore to withdraw their allegiance, and at that time it was found expedient to step the extensive progress it was making by the above statute, which in the latter section clearly admits the right of expatriation. And the 23d section makes it in the like manner penal for any person to become subject to another cotttry, within the meaning of the 22d section, If, therefore, the person withdraws his alle. giance of his own mere motion, and not at the request or solicitation of another, or is seduced by that other person, I apprehend he is not subject to the penalty of high treason, enacted by the statute, as the 23d section expressly says, “any such person as “ aforesaid, withdrawn as aforesaid,” it therefore, does not essentially disannul the implication and inference of the statute of Henry. The next and last statute which , I shall mention, was made in the reign of George, 1st. (5 Geo. I chap. 27) and relate;

to artificers, an indefinite and very generil

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