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Dominion of the Sea. Your correspondent, action be just or unjust although no human in answer to my position that dominion over power has jurisdiction over it. Besides, the sea was the gift of God to all mankind, in legal proceedings the judge is frequently states that dominion over the Earth was left by the law to exercise his reason to equally the gift of God to all mankind, and ascertain whether an act be just or not as in that on the principle upon which I contend one of the cases I mentioned before. A person against the dominion of the sea, Englishmen enters a Theatre and takes possession of a can have no better title to this island than the commodious seat which he finds vacant :: inhabitants of any other nation. But there another comes afterwards and dispossesses does appear to me to be a wide difference him of it for which he is summoned to ap1⁄4between the two cases: and your correspon pear before the sitting magistrate at Bow dent, I think, confounds occupancy of do- Street. The parties being assembled and the minion with occupancy of the matter which fact proved, the magistrate considers the confers dominion. The inhabitants of Great nature of the offence. He reflects thus : To Britain have acquired a right and an exclusive offer violence to the person of another unone to the sovereignty of their country by occu- justly is an assault; but how is this unjust ? pancy or first possession of the territory it- If force confers right according to Mr. self; but the sea, from its nature, is inca- Cobbett's Ideas, this cannot be so. But the pable of total occupancy, as much so as the magistrate would shrink back at the idea air. A certain portion of it may, as I have and would say force cannot confer right, contended, belong exclusively to nations as 'tis contrary to that reason with which God far as may be necessary for navigating their endowed me to distinguish between rightvessels. They retain this right as long as and wrong. And he would therefore they keep possession of it, but the instant adjudge the ejector to have been guilty the act of possession ceases the sovereignty of an assault and compel him to give ceases also, and it again becomes common, security to appear at the sessions,' to answer this, then, is the distinction I make between for the same. Therefore, after all, recourse the cases advanced by your correspondent. must be had to reason to ascertain whether.. In the one the right to the sovereignty is this action be just or unjust; and recourse: acquired by the possession or occupancy naust also be had to reason to find whether. of the soil itself; in the other case, no right an action be just or not when no human to the sovereignty is acquired, because the power takes cognizance of it. Reason sea is not capable of being actually possessed is superior to law, and appeals will be made from its nature. Your correspondent ima- to it against decisions of law (tho' your corgines that the cases which I adduced in my respondent being a lawyer may say, lee former communication do not illustrate the est summa ratio, and contend that the rule doctrine of occupancy of ships at sea, because is equally true with that which says, The in the former there is a superior human King can do no wrong). Does your coitespower to punish au infringement, but the rea- pondent still hold out! and will be, after son here assigned is very unsatisfactory; on this, insinuate that reason is not the best what foundation are or ought to be these rule to determine whether the dominion ofdcourts constituted which punish those in the sea is just or unjust as well as the parti». fringements but reason, and so imperfect are cular instances which I noticed before T they that it is frequently necessary to correct Having thus taken a general review of thed their decisions thereby; our court of chancery arguments advanced by your correspondentsur has this for its object. How much better on the general principle of the superiority iscit, then, to resort at once to reason for a we exercise on the seas, and added some reas rule to ascertain the justice or injustice of flections and illustrations in support of myas an action, than to resort to human courts, side of the question which have occurred to shackled as they are by rules, and legal quirks my mind since I sent my former communic and quibbles How much better to drink cation, I will briedly notice the objectionsev at the pure source of a stream than after its made by your correspondent Wroc to the waters are corrupted! It is reason in all particular instances I advanced in that,eoni> cases which shews whether an act be just or munication. Your correspondent inquires; unjust Persons who have beyond all donht how the first possessor could transmit to committed crimes frequently escape punish-others that right which it is confessed on alle. mention account of some defect in the legal proceedings; but though no human power does indict punishment in those cases does noto reasonspoint out that they are unjus? and reason equally points out, whether an trudu erhal of bugiloo dood but DIS

hands end red no longer than his own actualɛt possession, and states that the title fetan a individual to any particular piece of landeb arises not from its having been awarded to him or his ancestors by the dictates of natus

In

ral reason, but by the law of the country in which he lives. Now, in answer to this, I must observe that it was never stated by me that the right ceased with the possession. the case of land the natural right. I admit does, but then the law interferes and enables him to transmit it to others. The right is first acquired by occupancy, but it is handed down to the present possessor. by the law. My assertion, therefore, that exclusive possession can be justified on no other ground than occupancy is correct. Your corres

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pondent says it would be a difficult task to account for the right of the eldest son to succeed to the inheritance of real estates in exclusion of his brothers and sisters. I, Mr. Cobbett, who am a younger brother, do give my hearty assent, to this proposition. But, in doing so, I do not think that I make any admission inconsistent with my former statement. The learning advanced me on the subject of the estate for the life, of another person has likewise received the censure of your correspondent. He says the occupant does not retain the estate because the law of nature dictated by natural reason awards it to him, but because the law of England did not allow of any person being turned out of possession unless he could make it appear that he was by law intitled to it. Now your correspondent appears to me to admit all that I contend for; for on what ground does the law of England not allow any person to be turned out of possession? why, this that it was unjust to deprive another of that of which he had possessed himself first. But your correspondent does not state the case fairly: the language of the lawis this, unless some person could make it appear that he had a better right: thereby admitting, that the person in possession had acquired a right by occupancy. I believe I have now noticed, and have endeavoured to answer all the objections which have been advanced against the sentiments which I expressed in my former communication. If any thing has been omitted, it is owing to inadvertence and not to disrespect, for the opinions of your correspondents, who, I hope, will point it out at some other period, and advance arguments more convincing in opposition to my doctrine, than they have hitherto done, which would give me the most sincere and heartfelt pleasure; for I never undertook a more painful task in my life, than in endeavouring to shew that we are unjustifiable in exercising the dominion of the sea in the manner we have done. But by so doing, considered that I defended the hoooto of my country; and loss of honour, I conceive, tobelloss of every thing valua.. ble R. R.

DOMESTIC OFFICIAL PAPERS. ATL BUENOS AYRES From the London Ga zette Extraordinary, dated Downing street,: September 12, 1807.

(Continued from p. 512,). ་༑ • ་་

LA creek being found soon after the first boats landed, the whole were got on shore : without any opposition, or any accident; ex- cept that several of the transports were aground, but got off without damage. The conduct of the officers and men on this oc-.! casion induced me to give out the accompa nying general order: 200 seamen, under the orders of Captains Rowley and Joyce, were thought sufficient to land for the present ;" and I feel much indebted to those officers who had made themselves acquainted with the river, and piloted the squadron and transports.-Lieut. Bartholomew, of the Diadem, who was strongly recommended by AdmiralStirling, for his knowledge of the river; em- ; barked with me; and I feel it my duty to state to their lordships, that he was of infinite service; as were Lieut. Talbot, of the Encounter, Lieut. Acott, of the Rolla, and Lieut. Herrick, of the Raisonable, who undertook the pilotage.-On the evening of the 28th, the Paz and Staunch joined; the Staunch had taken a sloop, and destroyed: 2 others of a convoy going to the south shore for troops. I have directed Capt. Thomp son, in the Fly, towards Buenos Ayres, with the Staunch, Paz, and Dolores, to endeavour to keep up a communication with the army.:* -I have the honour to be, &c. (Signed) Geo. MURRAY. GEO.

Extract of a Letter from Rear Admiral Murray, dated Nereide, off Buenos Ayres, July' S, 1807.

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Sir,By my letter of the 30th ult. their lordships will be informed, that the ar my under the command of Lieut. Gen Whitelocke, was landed without opposition ! or accident on the 28th near Barragon, about: 20 miles to the eastward of Buenos Ayres.→→ On the 30th, the Nereide, small craft and transports weighed, and anchored again to the westward of Queimes; the next morns. I ing I went in shore in the Flying Fish to en deavour to communicate with the army, having directed some transports with provi- s sions to go close in, in case the army should 15 want supplies.Capt. Corbe, inchis boat, discovered some of our troops, and sent Lieut. Blight, of the Nereide, on shore-the with difficulty got to them, being obliged to pass through a deep boge on the 2d, Lienta Blight returned and informed me he had seen Gen. Whitelocke the evening before; that the army had suffered most secerely on their march, having very deep marshes ton pass, and having been obliged to leave their

provisions behind them; were much in want of bread and spirits, which were im mediately landed from the Encounter and transports. As I understood that General Gower had advanced towards BuenosAyres, I directed Capt. Thompson, in the Fly, with the gun brigs, to get as near in as he could: the same day I received a letter from Col. Bourke, Quarter-Master-General, to say he was directed by Gen. Whitelocke, to inform me that he had marched on, and meant to go to the westward of BuenosAyres, requesting I would send the ships having heavy artillery there, and likewise provisions. I immediately sent the gua boats to join the Fly and gun brigs, and directed Capt. Thompson to get as close in to the Westward as he could. The transports with the guns, and those with provisions, as well as an hospital ship, I likewise sent there, and am happy to say they were all in shore on the 4th, ready to meet the army.-On the 5th a firing was observed in the town; I desired Capt. Thompson to make use of the gun brigs and boats, when he could, without annoying our own people, who appeared to be both to the eastward and westward of the To be continued.

town.

DENMARK.- -Declaration of the King of
Great Britain, relative to the War with
Denmark, dated Westminster, September
25, 1807.

(Concluded from page 544.)

of such formidable magnitude, as must have made concession justifiable even in the estimation of France, by rendering resistance altogether unavailing. If Denmark' was really prepared to resist the demands of France, and to maintain her independence, his Majesty proffered his co-operation for her defence-naval, military, and pecuniary aid; the guarantee of her European territories, and the security and extension of her colonial possessions.--That the sword has been drawn in the execution of a service indispensible to the safety of his Majesty's dominions, is matter of sincere regret to his Majesty. That the state and circumstances of the world are such as to have required and justified the measures of self-preservation, tơ which his Majesty has found himself under the necessity of resorting, is a truth which his Majesty deeply deplores, but for which he is in no degree responsible. His Majesty has long carried on a most unequal contest of scrupulous forbearance against unrelenting violence and oppression. But that forbearance has its bounds. When the design was openly avowed, and already but too far advanced towards its accomplishment, of subjecting the powers of Europe to one universal usurpation, and of combining them by terror or by force in a confederay against the maritime rights and political existence of this kingdom, it became necessary for his Majesty to anticipate the success of a system, not more fatal to his interests than to those of the powers who were destined to be the instruments of its execution. It was time that the effects of that dread which France has inspired into the nations of the world, should be counteracted by an exertion of the

His

But the season was approaching when that precaution would no longer have availed; and when his Majesty's fleet must have retired from that sea, and permitted France in undisturbed security, to accumulate the means of offence against his Majesty's domi-power of Great Britain, called for by the -hions. Yet, even under these circumstances, in calling upon Denmark for the satisfaction and security which his Majesty was compelled to require, and in demanding the only pledge by which that security could be rendered effectual -the temporary possession of that fleet, which was the chief induce- ment to France for forcing Denmark into Hostilities with Great Britain; his Majesty accompanied this demand with the offer of every condition which could tend to reconcile it to the interests and to the feelings of the court of Denmark. It was for Denmark herself to state the terms and stipulations which she might require. If Denmark was apprehensive that the surrender of her fleet would be resented by France as an act of connivance, his Majesty had prepared a force

exigency of the crisis, and proportioned to the magnitude of the danger. Notwithstanding the declaration of war on the part of the Danish government, it still remains fer Denmark to determine whether war shall continue between the two nations. Majesty still proffers an amicable arrangement. He is anxious to sheathe the sword, which he has been most reluctantly compelled to draw. And he is ready to demonstrate to Denmark and to the world, that having acted solely upon the sense of what was due to the security of his own dominions, he is not desirous, from any other motive, or for any object of advantage or aggrandisement, to carry measures of hostility beyond the limits of the necessity which has produced them.

Pinted by Cox and Baylis, No. 75, Great Queen Street, and published by R. Bagshaw, Brydges Street Covent Garden, where former Numbers may be had; seld also by J. Budd, Crown and Mitre Pall Mell.

VOL. XII. No. 16.] LONDON, SATURDAY, OCTOBER 17, 1807. [PRICE 10D.

The words of these boasters are their only weapons, and even those are as little to be dreaded as their "arms, which are carried merely as a disguise for their cowardice."- -SWIFT

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SUMMARY OF POLITICS. EDINBURGH REVIEWERS.When Swift wrote the above-quoted sentence, he must have known, one would think, something of men, who like the Edinburgh Reviewers, first assaulted a man with words, and then went out to give him "satisfaction", upon the condition that both parties should load with paper bullets; so that even the conduct and character of these men present us nothing new under the sun. That they are as great cowards in politics as they have been, before the Bow-Street magistrates, proved to be in the field, will very soon appear; and to accomplish this purpose I have set apart this day, promising my readers not frequently to occupy their time with this, or any similar subject.--The reason, which the Reviewers have given, for attacking me, is this: that, as my present opinions are of mischievous tendency, it is right to contrast them with my former opinions, and, by showing that they widely disagree, to disarm my present opinions of their effect upon the public mind, which effect they assert to be very extensive.--In this very reason is contained my justification for an exposure of their inconsistency, their selfish motives, and their profligate principles; for, though I may fairly presume, that the writings of these unknown adventurers have, comparatively speaking, but little effect with the public; yet, that effect, if it be of mischievous tendency, it is my duty to destroy if I can; and, at the same time to prevent my own character and conduct from remaining misrepresented, however few may be the persons, whom the misrepresentation may reach.

The charg

es, preferred by the Reviewers against me, range themselves under two distinct heads: first, that of inconsistency; second, that of now promulgating doctrines tending to weaken the attachment of the people to the present system of rule, and particularly to the House of Commons. But, before I , proceed to the examination of these charges, it is proper to notice the obvious cause, whence the preferring of them has proceeded. Upon reading their review (if such it must be called) of my writings, a question which must have occurred to every one, was;

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"how has it happened, that these persons, "who began their work much about the "time that Mr. Cobbett began his Political "Register, never thought proper to notice "that work until now?" It is not their custom to review news-papers. May be so; but how come they to have done it now? Why, the doctrines of the Register became so very dangerous, and its influence so ver extensive, that it was absolutely necessary to endeavour to apply a remedy. Very well, but why delay this absolutely necessary work so long? The real cause was the following passage in the Register of the 21st of March last, Vol. XI. page 440: To see my Lord Henry Petty, who, backed and cheered by a daily in"creasing brood of young friends, equal, in every qualification to those of Pitt, and " anxious, like them, to prove their natural "attachment to the country, by drawing "their nourishment from her paps, &c. &c." This, they knew to be pointed at them; they felt the justice of the description, and that, too, at the mortifying moment, when those paps were, quite unexpectedly, torn from their hungry jaws. This, joined, perhaps, to apprehensions of the future, was obviously the cause, and the sole cause, of what they call " a review of Cobbett's Po. "litical Register", ten volumes of which work,in the course of five years, having, as they confess, an almost unparalleled extent of circulation, they had suffered to pass entirely unnoticed.In this review, they have quoted many passages from my former writings, relating to actions, as well as to men, contrasted them with those of my latter writings, relating to the same actions and the same men, and exhibited a complete disagreement, between them. And, if I myself had not, in due time and place, noticed this disagreement, and accounted for it, their criticism would have been fair enough; but, at every stage of change in my opinions, I myself have observed upon such change, and have, in a manner satisfactory to myself, at least, accounted for it. I beg leave to reter the reader particularly to my remarks upon the Middlesex Election, in 1804, Vol. VI. pages 331, 370, and 440-to-my letter to Pitt, in Vol. VI. page 419; to my an

swer to the defenders of Lord Melville, in Vol. VIII. beginning in pages 513 and 545; and to my answer to the Morning Chronicle's charge of inconsistency, which answer will be found in Vol. X. beginning at page 748. Upon these articles alone I venture to rely for a complete justification of every charge preferred against me by the reviewers, upon the score of my inconsistency. * But," it may be said, so thought not the reviewers. Suppose so; but, how comes it that they have taken no notice whatever of these articles, not even in the slight way of allusion? The articles might, in themselves, be of little importance; but, when the professed object, and the sole object, was to expose my inconsistency, it was, surely, incumbent upon the expositors, not only to notice my explanations upon the points, as to which they charged me with inconsistency, but to shew, that those explanations were not satisfactory. I contend that they are satisfactory; a pretty good proof that the reviewers thought that they were so, is, that they have cautiously avoided any allusion to them; and, than this caution of theirs we need not, I think, ask for any better test of their justice and candour. They say, that a change of opinion, upon abstract principles, may be readily allowed to any man; but, when, at oue time you find him applauding the self-same act, which, at another time, he condemns, he is to be set down as detestably inconsisfent. But, if these persons had not been under the influence of that " pitifully vindictive motive," which, at the outset, from an apparent anticipation of the charge, they are very pointed in disclaiming, they would have observed, that, besides the nature of the act itself, was to be taken into view, the degree of true information, which, at the respective given periods, I possessed, relative both to the nature and motives of the act in question. For instance, I am informed that a gentleman has given a poor labourer money to pay his rent; I, at once, applaud the act. I find, afterwards, that this money was a bribe for a vote at an election; 1, at once, condemn the act.Is there any inconsistency here? The reviewers quote my former opinions relative to Mr. Horne Tooke's trial, the substance of which was, that, though nequitted, he was guilty of treason; and then they quote passages, lately written by me from which it may fairly be gathered, that I think bim to have been, not only an nocent, but an injured man. But, they hould have noticed 1. that I was abroad chiting the time of the trial, and for six years afterwards; 2. that I have stated myself, that

I there had the means of obtaining scarcely an other but the ministerial prints, or, at least, that, in fact, I did obtain scarcely any other; and, 3. that my change of opinion, upon this subject, arose, as I have stated myself, from a sober and careful subsequent perusal of the whole of the proceedings upon that trial, from which I imbibed the conviction (as I am sure, every candid man will that reads those proceedings), that Mr. Tooke and his associates had only acted upon the very principles, which Pitt had before professed, and which he had acted upon as an associate of Mr. Tooke; that they had no other object in view than that which he had, at the time alluded to, professed to have in view, namely, to obtain a real representation of the people in parliament; and that, of course, they were men most shamefully persecuted. In like manner, as to the subject of parliamentary reform, my change of opinion has arisen from a change in the degree of the true information that I possessed. These reviewers know well enough, from the account which I have given of my progress in life, in this very work which they pretend to review (see vol. VIII. pages 513 and 545), that it is next to impossible, that I should have become acquainted with the real state of the house of commons, at the time when linesisted that no reformation in that house was necessary. This they must have known, and, the fact was, that, though I knew that the law of elections was grossly violated, in many cases, I had not the means of ascertain ing the extent of the violation much less had I the means of trying it by the test of the great constitutional laws, and of tracing it down in its various pernicious consequen ces; and which means of information have now produced, in my mind, a thorough conviction, that, unless the law of elections be duly executed, and the constitution be thereby restored, this country, in its present form of internal policy, cannot be of long duration. Let it be always observed, too, that in my former remarks, respecting parliamentary reform, I never separated the proposition from the party, by whom it was urged, which party I suspected (and, as it now appears, very justly) of employing that proposition, with other means, merely for the sake of getting their rivals out of place and themselves into place. Had the propo sition come from men, of whose general character and views I thought favourably, I should certainly have taken time to inquire, before, I condemned it.The.reviewers have contrasted my recent with my former expressions and sentiments with respect to

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